Monday, September 4, 2017
A recent article focuses on what is sometimes called "granny dumping," and the author urges states to examine carefully whether "abandonment" of a care-dependent person is addressed by the state's elder protection laws. Author Stephanie Rzeszut, a recent graduate of Hofstra Law, writes (footnotes omitted):
The only states that currently include elder abandonment as a form of elder abuse in their statutes are Alaska, California, Connecticut, Illinois, New Jersey, Oregon, Pennsylvania, Utah, Washington, and Wyoming. Although each of these states includes elder abandonment in their statutes, each statute varies as to how they define elder abandonment.[For example, the] state of California lists elder abandonment as a form of elder abuse without defining or describing what elder abandonment actually is. Conversely, the state of Oregon defines what elder abandonment is under their statute as the “desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed to an elderly person or a person with a disability by a caregiver or other person.”***Not only do a majority of the states not include elder abandonment in their statutes, but there is currently no uniformity among each state's statutes for what constitutes elder abuse in general. This is problematic because in some states a caregiver may not be prosecuted for elder abuse or not prosecuted for committing elder abandonment when it has in fact occurred.