NRS § 200.5099 is the Nevada law that makes it a crime to abuse, neglect or exploit people 60 years of age or older. Elder abuse and neglect is prosecuted as a gross misdemeanor or a class C felony, carrying:
- up to 5 years in prison and
- up to $10,000 in fines.
Elder abuse can be a category B felony carrying up to 20 years in prison if the victim suffers substantial bodily or mental harm.
Examples
- Adult children beating their parents for being a burden
- Nursing-home elder care facility workers withholding food from residents as punishment for acting out
- Scammers bilking money out of a dementia patient
Here at Shouse Law Group, we have represented countless family members and nursing home workers who were falsely accused of elder abuse or were simply acting in lawful self-defense. We have a long track record of getting these charges reduced or dismissed completely, often without having to go to trial.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is elder abuse in Nevada?
- 2. What are common defenses?
- 3. What are the penalties under NRS 200.5099?
- 4. Can victims of elder abuse bring a civil lawsuit?
- 5. How do I report elder abuse?
- 6. What about guardianships and power of attorney?
- 7. Additional resources
Older person abuse is a broad Nevada crime. It comprises physical or mental abuse, neglect, isolation, abandonment, and financial exploitation.
1. What is elder abuse in Nevada?
Harming people age 60 or older is a Nevada crime. Elder abuse comprises many types of abuse, including physical abuse and neglect, domestic violence, emotional abuse, psychological abuse, and financial abuse.
In Nevada, there are five different kinds of elder abuse cases that we frequently see:
1.1. Elder abuse
Nevada’s legal definition of abusing elders is willful and unjustified:
- Infliction of physical pain, physical abuse, injury, or mental anguish, or
- The deprivation of food, shelter, clothing, or services necessary to maintain physical or mental health.
Abuse of elderly people is a broad offense. It encompasses any behavior that can cause physical or mental harm, such as:
- Hitting, kicking, or punching;
- Constantly yelling at the person;
- Keeping the person in a too-hot or too-cold room;
- Starving; or
- Not giving the person the necessary medication and medical care.
Warning signs of elder abuse include bruises, broken eyeglasses, depression, and being afraid to speak up.
Note that if the abuse involved sexual abuse, district attorneys would bring charges for sexual assault or open and gross lewdness in Nevada. Warning signs may include STIs and genital bruising.
1.2. Elder neglect
Nevada’s legal definition of neglect of older people is defying legal or contractual obligations to provide care.
Example: Tom hires Angela to care for his sick father during the day. Instead, Angela ignores him and watches TV. Since Tom’s dad cannot communicate, Tom has no idea Angela is not living up to her contractual obligations and is committing elder abuse.
It does not matter if Tom’s dad in the above example sustains no serious injuries. Neglectful behavior in itself is a crime.
That being said, signs of elder neglect – especially in assisted living homes – are bed sores, weight loss, pill bottles that have not been refilled, and broken bones (from falls). Victims are often in clothes that are too hot or cold for the weather and may show signs of dehydration and malnutrition.
1.3. Elder isolation
Nevada’s legal definition of isolation of older people is willfully, maliciously, and intentionally preventing human contact. This typically occurs with elderly victims who
- are unable to walk or
- otherwise have limited mobility.
Sometimes victims are physically restrained, and the abuser may falsely tell outside people that the elderly person does not want visitors.
1.4. Elder exploitation
Nevada’s legal definition of elder exploitation occurs when you:
- Have trust or power of attorney over the victim, and
- Deceptively obtain control of the victim’s assets or deprive them of the assets.
These cases often involve tricking or using undue influence on an elderly person into:
- Changing their will,
- Transferring deeds, or
- Signing over their bank accounts
1.5. Elder abandonment
Nevada’s legal definition of abandonment of older people occurs when caretakers:
- Desert the elderly in an unsafe manner, or
- Withdraw necessary assistance that the elderly are owed.
An example would be a frustrated caretaker leaving an elderly person who cannot talk or communicate alone in the woods with no way to get home.1
Self-defense is a defense to NRS 200.5099 charges.
2. What are common defenses?
In our experience, caretakers and family members are often wrongfully accused of abusing older people. We have found that the following three defenses have been very effective with prosecutors, judges, and juries:
- You acted in self-defense. It is not unusual for frustrated older people to lash out and become violent. As long as you reasonably believed you were about to be harmed – and responded with proportional force – then no crime occurred. Evidence we rely on includes video surveillance, eyewitness testimony, and forensic examination of any injuries.
- You did not cause the injury. Elderly people are prone to hurting themselves, and police may misconstrue their bruises as abuse. We can often raise a “reasonable doubt” by hiring an expert witness to examine the older person’s injuries and to testify that they were self-inflicted or caused by an innocent accident.2
- You were falsely accused. People make untrue allegations all the time out of anger or revenge, but it may be possible to show they are lying. Perhaps the older person said something or wrote something that reveals their motivation to get you into trouble, and we can introduce that evidence in court to impeach their credibility.
Many abuse charges come down to a case of he said/she said. If there is no evidence of abuse, it may be very difficult for the D.A. to prove guilt beyond a reasonable doubt.
3. What are the penalties under NRS 200.5099?
Nevada’s elder crime punishments depend on the type of harm.3
| Crime against people 60 and over | Nevada sentence* |
| Elder abuse or neglect, if the victim sustains no substantial mental or bodily harm or death | 1st offense Category C felony: 1 – 5 years in Nevada State Prison, and up to $10,000 in fines (at the judge’s discretion); or Gross misdemeanor: Up to 364 days in jail, and/or up to $2,000 in fines |
| Subsequent offense Category B felony: 2 to 6 years in prison | |
| Elder abuse or neglect, and the victim sustains substantial mental or bodily harm or death | Category B felony: 2 – 20 years in prison |
| Elder exploitation | 1st offense If the property obtained is less than $650 – or if the value is undetermined – elder exploitation is either a: Category C felony: 1 – 5 years in prison, and up to $10,000 in fines or Gross misdemeanor: Up to 364 days in jail, and/or up to $2,000 in fines If the property obtained is $650 to less than $5,000, it is a category B felony: 2 – 10 years in prison, and/or up to $10,000 in fines If the property is $5,000 or more, it is a category B felony: 2 – 20 years, and/or up to $25,000 in fines |
| Subsequent offense (no matter the value) Category B felony: 2 – 20 years, and/or up to $25,000 in fines | |
| Elder isolation or abandonment | 1st offense Category C felony: 1 – 5 years in prison, and up to $10,000 in fines or Gross misdemeanor: Up to 364 days in jail, and/or up to $2,000 in fines |
| Subsequent offense Category B felony: 2 – 10 years in prison, and up to $5,000 in fines | |
| Conspiracy to commit a crime against elderly people | 1st offense Gross misdemeanor: Up to 364 days in jail, and/or up to $2,000 in fines |
| Subsequent offense Category B felony: 2 – 20 years in prison | |
| Willfully failing to report abuse of elderly people^ | Misdemeanor: Up to 6 months in jail, and/or up to $1,000 in fines |
| *The court can order restitution in addition to all other penalties | |
| ^Physicians, social workers, certain other professionals have a legal duty to report elder abuse to the authorities, such as the Aging and Disability Services Division of the Nevada Department of Health of Human Services. | |
4. Can victims of elder abuse bring a civil lawsuit?
Yes. Older adults who have been physically, mentally, or financially abused may sue the perpetrators for financial settlements. Depending on the case, potential legal claims may include:
- Elder abuse,4
- Battery,
- False imprisonment,
- Negligent infliction of emotional distress,
- Intentional infliction of emotional distress,
- Fraud, and/or
- Conversion (theft)
Nursing home abuse lawsuits are common. Elderly residents are at the mercy of undertrained and understaffed facilities that frequently do not follow safety protocols.
5. How do I report elder abuse?
If the elderly person is in immediate danger, call 911.
Otherwise, to report suspected abuse contact Adult Protective Services (APS) at this social services hotline: 888-729-0571. (After hours, you can call the Crisis Call Center at 800-992-5757.)
If the suspected vulnerable person abuse is in Clark County, local calls can be made to 702-486-6930.
6. What about guardianships and power of attorney?
If an elderly person lacks decision-making capacity, the court can appoint someone else as that person’s guardian to make decisions in the elderly person’s best interest and that are consistent with their wishes.
Often courts appoint a close family member or friend to be an elderly person’s guardian; otherwise, courts can appoint a public guardian. Learn more about guardianship rules and find court forms at the Nevada Self-Help Center guardianship page.5
While an elderly person still has decision-making capacity, they may want to create a “durable power of attorney” document. This is where they name someone they trust to make financial and/or healthcare decisions on their behalf if they ever become incapacitated in the future. Learn more at the Nevada State Bar power of attorney website.
Many elder mistreatment/adult abuse cases occur in skilled nursing facilities or in multi-generational family homes.
Additional resources
- Department of Health and Human Services Adult Protective Services – Nevada agency that investigates statewide reports of elder abuse, neglect, self-neglect, exploitation, isolation and abandonment.
- Department of Health and Human Services Aging and Disability Services Division (ADSD) – Main Nevada government webpage Aging and Disability Services
- Report Vulnerable Adult Abuse (through the ADSD) – Phone numbers and intake forms to report elder abuse in Nevada.
- Adult Protective Services – Nevada 211, a program of the Nevada Department of Health and Human Services which investigates reports of elder abuse.
- Crisis Support Services of Nevada – Immediate help for elder care victims.
- National Adult Protective Services Association – Organization that investigates cases of abuse, neglect or exploitation.
- Nevada Care Connection – Helps connect elderly people with services.
- Office for Victims of Crime – Department of Justice (ovc.ojp.gov) – Resources for elder care victims.
- National Center on Elder Abuse (NCEA) – National resource center dedicated to the prevention of elder mistreatment.
- Violence Prevention – CDC – Article about how to prevent elder abuse.
- Eldercare Locator – A public service of the U.S. Administration on Aging to guide you to elder care services.
- Nevada Senior Services – A non-profit dedicated to improving all aspects of life for the elderly.
- UNR Sanford Center for Aging – Using research and outreach to improve quality of life among elders.
- Elder Abuse, Neglect and Exploitation: Legal Resources and Remedies Guide – Provided by the Eighth Judicial District Court
- Nevada Legal Services – General information on how to identify elder abuse.
See our related article on mandated reporters in Nevada.
In California? Learn about Penal Code 368 PC.
In Colorado? Learn about CRS 18-6.5-103.