Definition and Signs of Abuse, Neglect, and Exploitation
Definition and Signs of Abuse, Neglect, and Exploitation
Abuse
“Abuse” means knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of an adult; or sexual abuse, including criminal sexual contact, incest and criminal sexual penetration.
Signs of Abuse may cause various injuries but not limited to scratches, cuts, bruises, burns, broken bones, or bedsores. It can also result in confinement, rape or sexual misconduct, and verbal or psychological abuse.
Neglect
“Neglect” means the failure of the caretaker of an adult to provide for the basic needs of the adult, such as clothing, food, shelter, supervision and care for the physical and mental health of that adult; “neglect” includes self-neglect.
Signs of Neglect may cause starvation, dehydration, over- or under-medication, unsanitary living conditions, and lack of personal hygiene. Neglected adults may also not have heat, running water, electricity, or medical care.
Exploitation
“Exploitation” means unjust or improper use of an adult’s money or property for another person’s profit or advantage, pecuniary or otherwise.
Signs of Exploitation may result in loss of property, money, or income. Exploitation means misusing the resources of an elderly or disabled person for personal or monetary benefit. This includes taking Social Security or SSI (Supplemental Security Income) checks, misusing a joint checking account, or taking property and other resources.
Reporting Suspected Abuse
If you suspect that a vulnerable adult is being abused, neglected, or exploited in New Mexico, you can report it by calling the APS Statewide Intake toll-free at 866-654-3219
New Mexico has a “Duty to Report” provision in the Adult Protective Services Act (27-7-30) which states: “Any person, or financial institution, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to Adult Protective Services.” Adult Protective Services remains on call for emergent reports of adult abuse, neglect, and exploitation 24 hours a day, 7 days a week.
Report Elder Abuse / Neglect / Exploitation
What is a Silver Alert?
Governor Susana Martinez signed the Silver Alert law in 2013. A Silver Alert is a notification that gets sent out statewide, similar to that of an Amber Alert. It relates to an endangered person (in imminent danger of causing harm to one’s self or others or being harmed by another) who is confirmed to be a missing person.