“Elder Abuse” in Colorado – When is it a crime?

Every year in Colorado, there are more than 4,000 reports of elder abuse, and thousands more go unreported.¹ Elder abuse occurs when a person 70 or older is the victim of assault, sexual assault, theft, robbery, exploitation, criminal negligence, or caretaker neglect.

Elder abuse is punished more severely than equivalent crimes against younger adults. Merely stealing something worth more than $500 from an “at-risk elder” is a felony that can land you in prison for many years.

To help you better understand CRS 18-6.5-103 crimes against the elderly, our Colorado criminal defense lawyers discuss the following, below:

• 1. Legal definition
• 2. Penalties
• 3. Defenses
• 4. Reporting elder abuse
• 5. Mandatory reporters
• 6. Signs of elder abuse
• 7. Civil actions
• 8. Crisis intervention
• 9. Further reading

1. Legal definition

In Colorado, “elder abuse” does not refer just to the physical battery and assault of people 70 or older. “Elder abuse” also comprises:

1. Sexual crimes, such as rape or groping;
2. Unreasonable confinement or restraint on their liberty;
3. Caretaker neglect, such as failing to reasonably provide food, clothing, shelter, medical care, or supervision in a timely manner;
4. Criminal negligence, which is a “gross deviation from the standard of care;” or
5. Exploitation.

This last crime – exploitation – can mean several things in elder abuse cases:

• Depriving the elderly person of their cash, jewelry, investments, or other assets without lawful authority (such as theft or robbery); or
• Using a third party to your advantage and to the elderly person’s detriment; or
• Compelling the elderly person to perform services against their will and to your (or another’s) benefit; or
• Misusing the elderly person’s property in a way that hurts their ability to receive health care or pay basic bills.²

Often the older person is forced to sign a financial power of attorney, allowing the alleged abuser to then make decisions about money and other assets without permission. Sometimes the alleged abuser steals the older person’s identity or forges their signature.

At-risk elders are defined as people 70 or older under CRS 18-6.5-103.

2. Penalties

In Colorado, elder abuse is always a felony (other than caretaker neglect, which is a misdemeanor). In some cases, the judge may grant probation in lieu of prison. Otherwise, the sentence can include several years behind bars if you allegedly:

• acted willfully (as opposed to negligently or in “the heat of passion),
• caused serious bodily injury, and/or
• stole something of high value.³

For more detailed information on fines and prison terms, see our article What are the penalties for elder abuse in Colorado?

Knowingly causing bodily injury to an elderly person is third-degree assault in Colorado.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with abuse, including elder abuse. In our experience, the following ten defenses have proven very effective with prosecutors, judges, and juries.

1. The “elder” in your case was under 70 years old. We have seen charges where police arrest people for elder abuse without first verifying the alleged victim’s age.
2. You were not a caretaker under Colorado law. Caretaker neglect charges cannot stand if you were, for example, only a neighbor, friend, or family member with no caretaker responsibilities.
3. The injury was the result of an accident. Similar to children, elderly people are prone to falls and other accidents that have no criminal cause. We work with medical experts who can distinguish between injuries that were intentional or accidental.
4. You were acting in accordance with the elder’s wishes. It is common for elderly people to have durable power of attorney, and you committed no crime as long as you were following the terms.
5. You were acting consistently with prescribed medical care. For example, a doctor’s palliative care plan may allow you to administer high dosages of morphine that would ordinarily be illegal.
6. You did not knowingly commit the alleged act. If you acted merely negligently as opposed to willfully, your charges could be reduced or dismissed.
7. You acted in self-defense. This is one of our most common defenses. We see cases all the time where elderly people lash out due to frustration, senility, or medication-induced rage, and our clients did nothing wrong by fighting back in a proportional manner.
8. The item allegedly stolen was valued at less than $500. This “partial defense” could get a class 3 felony theft charge reduced down to a class 5 felony charge.
9. You acted in “the heat of passion.” This is also a “partial defense.” It could get a first-degree assault charge lessened down to a second-degree assault charge.
10. The police committed misconduct. We investigate each case to uncover all the instances where law enforcement made mistakes. Unlawful searches, false arrests, or coerced confessions can all cause “reasonable doubt” as to your guilt and may lead to a case dismissal.

4. Reporting elder abuse

Call 911 if the victim is in immediate peril. Otherwise, report any type of elder abuse (from physical to financial) by calling Adult Protective Services in the county where the abuse is allegedly occurring:

APS will then investigate the matter. Depending on the case, APS may be able to ask a judge for:

• an emergency removal and/or
• guardianship for the elderly person

In addition to contacting APS, you can also file a police report. Though if only one person is causing trouble at your loved one’s care facility, you can try just reporting that person to management: If management then fires them, the problem can be solved without having to involve APS or the police.

5. Mandatory reporters

Colorado law requires certain professionals to report any reasonable suspicions of elder abuse to police within 24 hours of the discovery. Examples of these professionals include:

• Health care providers
• First responders
• Veterinarians
• Psychologists
• Social workers
• School personnel
• Clergymen

Mandatory reporters who willfully fail to report elder abuse face class 2 misdemeanor charges, carrying up to 120 days in jail and/or a fine of up to $750.⁴

6. Signs of elder abuse

Ten common indications that an elderly person is being abused, neglected, or exploited are:

1. weight loss, bed sores, bruises, and/or STDs
2. missed doctor’s appointments
3. lacking basic heat, air conditioning, electricity, water, and/or fresh food
4. loss of enjoyment of life and/or seeming fearful around caretakers
5. bad hygiene, dirty living conditions, or wearing dirty clothes or none at all
6. the caretaker is controlling who the older person can see and how they get transported
7. the caretaker humiliates, hits, slaps, chokes, kicks, or otherwise hurts the elderly person for an unjustifiable reason
8. the caretaker threatens to harm the elderly person or their pet
9. the elderly person is tied to a bed or wheelchair
10. the elderly person is taking incorrect dosages of medication or none at all

7. Civil actions

Elder abuse victims can bring what is called a “civil action for compensation” against their abuser (or abuser’s employer) in pursuit of some financial compensation. (If you have power of attorney, you can bring this legal action on the elderly person’s behalf.)

Note that elder abuse victims can seek civil actions for compensation whether or not Adult Protective Services and/or the police investigated or intervened in their case. The purpose is not to get anyone into trouble but instead to recover monetary damages.

8. Crisis intervention

If you or someone you know is in immediate danger, call or text 911. Otherwise, contact Colorado’s Adult Protective Services (APS) to report abuse or for further guidance.

Additional resources for elder abuse victims are:

• Center for Trauma and Resilience (Denver Center for Crime Victims – Elderly and Disabled Services) – (303) 894-8000
  
• Colorado Coalition for Elder Rights and Prevention (CCERAP)
• Colorado Division of Aging and Adult Services (AAS)
• AARP Elder Watch – 1 (800) 222-4444
• U.S. Securities and Exchange Commission – Seniors – 1 (800) 732 -0330
• Seniors’ Resource Center – (303) 238-8151
• Aging and Disability Resource Center (ADRC) – (303) 480-6700

9. Further reading

• Abuse of Older People, World Health Organization (WHO)
• Mandatory Reporting of Elder Abuse or Exploitation, Colorado Bar Association (CBA)
• Elder Abuse, National Institute on Aging (NIA)
• Get the Facts on Elder Abuse, National Council on Aging (NCOA)
• Fast Facts: Preventing Elder Abuse, Centers for Disease Control and Prevention (CDC)

Legal references: