In the United States, elder abuse continues to be an ongoing problem. With some estimates suggesting that as many as five million elderly in this country suffer some form of abuse each year, it is estimated that one in 10 Americans aged 60+ have experienced some form of elder abuse according to the National Council on Aging. Unfortunately, the problem is just as big a problem here in Las Vegas as other areas in the country. In 58 cases in Las Vegas, LVMPD’s elder abuse unit submitted warrants or made arrests in 2020 alone. Today, we at Kajioka & Associates, Attorney at Law would like to continue to discuss the subject.
Fast Growing Elderly Population
There is a growing elderly population in the state of Nevada and the city of Las Vegas specifically. Charges of abuse happen increasingly, consequently. The abuse, neglect, isolation, or abandonment of older or vulnerable persons is governed by Nevada NRS 200.5091. It is unlawful to neglect, abuse, or exploit a person 60 years of age or older under this law and the state’s definition. If the victim has suffered substantial physical or mental harm, penalties can increase, however, penalties can carry up to 5 years imprisonment and up to $10,000 in fines.
Responsibilities and Liabilities of a Caretaker
Caretakers and family members are often dealing with those who suffer from dementia and other cognitive and physical disabilities when caring for an elderly adult. The potential for falling, becoming confused, or experiencing difficulty discerning reality from their own cognitive imperceptions. In addition to understanding the responsibilities, anyone responsible for an older adult should also understand the liabilities of their caretaker role. Criminal charges can develop from any failure to fulfill legal responsibilities and ensure the safety of the person under that care. These charges can also spring from false claims of abuse or neglect. Allegations against a family member, guardian, caretaker, or a report of suspected abuse to Adult Protective Services is the usually the beginning of elder abuse charges. There must be proof of intentional infliction of pain, injury, mental anguish, or deprivation of necessary items in order for the prosecution of elder abuse in Nevada to be successful, fortunately.
What Happens if Someone Accuses You of Elder Abuse?
A criminal record will affect the rest of your life if in the event you are facing charges of elderly abuse. It is encouraged to seek legal counsel for caretakers who are facing false charges of elder abuse and neglect. With skilled insight and experience, there are many defenses available for these types of charges, and an experienced criminal defense lawyer can assist.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
When it comes to elder abuse, our experienced team of attorneys and legal professionals can help you. Kajioka & Associates, Attorney at Law can help defend you when you are falsely elderly abuse and we can help you get justice if your elderly loved one is abused in a nursing home or other setting. We can help in your defense and properly represent you in court. Contact Kajioka & Associates, Attorney at Law today for your consultation where we can discuss the circumstances of your case, answer your questions, and address your concerns.