May 27, 2013
A new bill, entitled “Protecting Alabama’s Elders Act” was passed last week in Montgomery, Alabama. The new bill enforces stricter penalties on those found guilty of elder and nursing home abuse in the state of Alabama.
According to the Interagency Council for the Prevention of Elder Abuse, the new bill was created after several instances of elder abuse went without criminal punishment if the elderly victim wasn’t physically and/or mentally impaired. The new bill, however, mandates that any person over the age of 6o, regardless of health or mental condition, will be protected.
Elder and nursing home abuse in Alabama is defined as any physical abuse, neglect, and financial exploitation. Anyone found guilty of abuse will now face either first, second, or third-degree abuse charges, depending upon the severity of abuse. For example, someone found guilty of unintentional neglect may face a Class a misdemeanor charge while anyone physically threatening or harming an elder can face a class A felony charge.
In addition, charges for financial exploitation will also depend on the severity of the crime. A misdemeanor charge is classified as financial exploitation in the amount of $500 or less. Anything exceeding $2,500 is classified as a class B felony, which carries up to a 10-year prison sentence.
The current penalties for elder and nursing home abuse carried out by Alabama’s Adult Protective Services (APS) will still remain. The new bill, however, provides a way for police, investigators, and other authorities to help fight the abuse as well.
If your loved one has been victim to nursing home abuse, an experienced nursing home abuse attorney may be able to assist you. At McIver Brown Law Firm, our leading team of Texas nursing home abuse lawyers have helped numerous victims go on to successfully win their cases. Give us a call today for a free consultation.