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Help & FAQs Elder Abuse
Overview
Included are helpful articles on the legal issues surrounding Elder Abuse.
Elder abuse in Hawaii refers to abuse to a person who is 62 years or older. Abuse can be in the form of physical abuse, psychological abuse, sexual abuse, financial exploitation, caregiver neglect, or self-neglect. Hawaii law clearly defines each of these types of abuse (Hawaii Revised Statutes § 346-222).
Jurisdiction
Elder abuse cases that are reported to the State Department of Human Services may result in the State commencing a formal legal case to protect the older adult. This may occur if the older adult has either been abused or is in danger of abuse if immediate action is not taken. The case would be heard in the family court where the older adult resides or where the older adult has assets.
Key Legal Issues
Hawaii has extensive laws protecting its elderly population. When abuse occurs, the abuser will be responsible for the crime, and will also be responsible for additional penalties because the victim was elderly. For example, if a salesperson intentionally makes a misrepresentation about a good or service to defraud an elder, the salesperson is liable for the fraud and may also be forced to pay the elder additional money in the form of civil penalties. The laws protecting elders include:
- Harsher penalties when elderly persons are targeted – Hawaii Revised Statutes § 444-10.7.
- Additional civil penalties for consumer frauds committed against elders – Hawaii Revised Statutes § 480-13.5.
- Additional civil penalties for securities violations (for example, fraudulently selling a stock) committed against elders – Hawaii Revised Statutes § 485A-603.5.
- Additional administrative penalties for securities violations committed against elders – Hawaii Revised Statutes § 485A-604.5.
Process
For information about elder abuse or to report suspected elder abuse, contact: Oahu: (808) 832-5115, Kauai: (808) 241-3337, Maui/Molokai/Lanai: (808) 243-5151, East Hawaii (Hilo/Hamakua/Puna): (808) 933-8820, West Hawaii (Kau/Kona/Kohala/Kamuela): (808) 327-6280
Special Concerns
Hawaii law requires certain professionals to report elder abuse to the State Department of Human Services, Adult Protective Services. These include:
- Nurses, doctors, health care providers.
- Employees or officers of agencies that provide social, medical, hospital, financial, or mental health services.
- Employees or officers of law enforcement agencies.
- Employees of adult residential care homes, adult day care centers, foster homes.
- Medical examiners, coroners.
- Social workers.
- Financial institutions.