Learn more about being a victim of elder abuse from this timeline.

Adult Protective Services Act

The Adult Protective Services Act assures local agencies funded by the Illinois Department on Aging offer help to persons age 60 and older who may be abused, neglected, abandoned, or exploited by family, household members, or caregivers. Any person who suspects the abuse of a senior may report this to the local agency.

Someone who makes a report thinking it is in the senior’s best interests is immune from legal liability. They are also immune from professional disciplinary action. Their identity cannot be disclosed unless the person consents or if a court order demands it.

Some people must report abuse of a senior if they think that the senior is not able to seek help. These people are called mandated reporters. Social workers, policemen, teachers, and doctors are all mandated reporters.

Mandatory reporting does not apply to lawyers and legal service providers or bankers.

More information about elder abuse and neglect, including warning signs, can be found on the Illinois Department on Aging website.

Procedure when an agency receives a report of abuse

The agency must make face-to-face contact with the senior once a case of abuse or neglect is reported. This visit will be to the senior’s place of living. It may include interviews with others who know about the abuse. No one can interfere with the meeting between the senior and the protective services caseworker. See a list of agencies throughout the state of Illinois here.

If there is reason to think abuse has happened, the agency must make a service care plan to meet the senior’s needs. Then they must discuss the plan with the senior. The agency can provide only those services to which the senior consents. The caseworker sets up the services so the senior can be independent. If the abuser works for a facility where the senior lives, they must have no contact with the senior. Contact may resume after the investigation.

If a senior cannot consent to necessary services, the agency can have a guardian appointed to consent. This includes an assessment. If an emergency exists, the Department or agency can request an order from the court allowing an assessment and the provision of needed services.

Access to records or reports of elder abuse are confidential. They cannot be shared except as strictly limited by the Act.

To make a general complaint, call the statewide Senior HelpLine at (800) 252-8966 (toll-free), or call (800) 279-0400 on evenings, weekends and holidays.

For residents who live in nursing facilities, call the Department of Public Health's Nursing Home Complaint Hotline at (800) 252-4343.

For residents who live in Supportive Living Facilities (SLFs), call the Illinois Department of Healthcare and Family Services' SLF Complaint Hotline at (800) 226-0768.

Self-Neglect

Self-neglect happens when a senior is unable to take care of their health and day-to-day care.  Self-neglect is when an adult cannot perform essential self-care tasks. This must be due to physical or mental problems. These tasks include: providing food, clothing, shelter and healthcare. It also includes getting needed goods and services to be happy, healthy, and safe. Read more about self-neglect here.

In the case of self-neglect, there is no criminal or offender. Anyone worried about a senior and self-neglect should talk to their local aging agency.

Illinois Domestic Violence Act

The Illinois Domestic Violence Act protects from abuse by a family or household member. This law is intended to protect the victim but does not punish the abuser. Once abuse is proven, the law lets judges order actions as part of an Order of Protection to stop the abuse. The Act protects elders with disabilities from neglect and abuse.

A senior can ask the court for an Order of Protection. You can ask for an OP on their behalf.

"Abuse" includes:

• Sexual abuse;
• Assault;
• Physical force;
• Emotional abuse;
• Confinement or restraint;
• Threats of physical force;
• Reckless conduct which creates an immediate risk of physical harm;
• Deprivation of basic needs such as medicine or food, or exposing a person to a risk of harm;
• Financial exploitation;
• Harassment; and
• Making a person who needs others to watch or join in any physical force or confinement of another person.

What is an order of protection?

An Order of Protection is a court order that helps protect victims from abuse. The protection would be from family or household members. An Order of Protection is a legal paper that a judge signs which makes the abuser stop the abuse.

Also, a court can award physical care of minor children. It can give temporary legal custody of children. It can decide visitation. It can make the abuser pay temporary support to the victim and/or children. Finally, it can stop  the abuser from taking the child from the state or hiding the child within the state.

In an Order of Protection, the judge can order an abuser to do one or more of the following:

• Stop the abuse, neglect or exploitation;
• Leave the home of the senior and not return, or not return under the influence;
• Stay away from the senior;
• Return property and money, or refrain from taking or destroying property;
• Require going to counseling;
• Pay the victim for losses suffered as a result of the abuse. This includes medical and dental expenses, repair/replace damaged property, attorney’s fees, court costs, etc.;
• Pay back a domestic violence program providing temporary shelter to a senior.

A person being abused can get an Emergency Order of Protection without telling the abuser. This may keep the abuser from hurting the senior or the senior's property before a full court hearing. Orders of Protection involve no court costs. To get an Order of Protection for someone you know, call your legal services office or the State’s Attorney’s office.

An abuser may face criminal charges if they continue to act in violation of an Order of Protection.

For more information about Orders of Protection, see this article.

Criminal neglect of a senior

A caregiver of an elderly person commits the offense of "criminal neglect of an elderly person" when they knowingly:

• Perform an act which causes the senior's life to be endangered, health injured, or cause deterioration of their physical or mental condition;
• Fail to perform acts which the caregiver knows or should know are needed to keep the life or health of the senior;
• Abandon the senior; or
• Physically abuse, harass, intimidate, or interfere with the senior’s freedom or exposes the senior to willful deprivation.

The term "caregiver" means a person other than a doctor who must care for the senior at their place of residence. It can include a spouse or other family member or an employee.

This crime is a Class 3 felony. The maximum punishment is imprisonment for a term of not less than two years and not more than five years.

For more information about elder abuse and warning signs, see 

Criminal financial exploitation of an elderly person

This offense is committed when a person stands in a position of trust to an old person. They use this trust to take their property dishonestly or illegally use their assets or resources.

A "person who stands in a position of trust and confidence" is:

• A parent, spouse, child or another related person;
• A person who co-owns the property with the senior;
• A person who has a legal or fiduciary relationship with the senior. This includes guardians or power of attorney agents.
• A friend or acquaintance in a position of trust;
• A financial planning or investment professional.

This crime is a felony. Punishment depends on how much is taken. The greater the value of the property, the greater the punishment. Punishment also depends on the age of the victim. Charges can be brought against a person within 7 years from the last act committed in furtherance of the crime. This means that the 7 year time limit runs from the last action the person took to exploit the elderly victim.

In addition to the criminal penalty, the senior can sue any person who has been charged with this crime and fails to return the victim’s property within 60 days following a written demand. In this case, the person is liable to the senior for three times the value of the property taken. They are also liable for court costs and attorney’s fees.

Other criminal laws that help seniors

There are other laws designed to deter and punish abusers for crimes like assault and battery. You should report crimes against seniors to the State’s Attorney’s Senior Citizens Consumer Fraud Hotline. You can call (800) 243-5377 or (800) 964-3013 (TTY).

Where to get help for seniors who are being neglected

There is help available for seniors being abused or neglected. You can call the Elder Abuse Hotline at (800) 252-8966 (toll free), (866) 800-1409 (after hours hotline), or email [email protected]

To get an Order of Protection, contact Illinois Domestic Violence hotline: +1-877-863-6338