Meet Our Elder Abuse Attorneys

Elder abuse is any intentional act—or failure to act—that causes or creates a risk of harm to an older adult, typically aged 60 or older. This abuse can occur in private homes, nursing homes, assisted living facilities, or any environment where elderly individuals depend on others for care and support. 

Elder abuse is a serious and often underreported issue that can leave victims physically injured, emotionally devastated, and financially drained.

Types of Elder Abuse Cases

Elder abuse can manifest in several ways, including:

• Physical Abuse: Inflicting physical pain or injury through hitting, slapping, pushing, or improper use of restraints or medications.
• Emotional or Psychological Abuse: Verbal assaults, threats, harassment, intimidation, isolation, and humiliation that affect a senior's mental well-being.
• Financial Exploitation: Illegal or unauthorized use of an elder's funds, property, or assets, often involving scams, theft, or manipulation.
• Sexual Abuse: Non-consensual sexual contact or behavior, including sexual harassment or assault.
• Neglect: Failing to meet an elderly person’s basic needs such as food, water, shelter, hygiene, and medical care.
• Abandonment: Deserting a vulnerable elder without ensuring they have access to care and support.

Things to Know: Statistics & Facts

• According to the National Council on Aging, approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse.
• Some studies suggest that as few as 1 in 24 cases are reported to authorities.
• In nearly 60% of elder abuse and neglect cases, the perpetrator is a family member.
• Financial abuse costs older Americans an estimated $2.6 billion to $36.5 billion annually.

Elder abuse can be committed by the very ones who have been assigned to care for them, including:

• Nursing home or assisted living staff
• Home health aides or caregivers
• Family members, including adult children or spouses
• Financial advisors or scam artists
• Medical professionals

Often, the abuser is someone the elderly person knows and trusts, making it more difficult to identify and report the abuse.

Elder abuse laws differ by state in several important ways, including how abuse is defined, who is considered a "mandatory reporter," what penalties perpetrators face, and how civil lawsuits are handled. Here’s a breakdown of the key differences:

Definition of Elder Abuse

Each state defines "elder abuse" slightly differently. While all include physical harm, some states are more expansive, explicitly listing emotional abuse, financial exploitation, sexual abuse, and neglect.

For example, California includes abandonment, isolation, and abduction in its definition, while Florida specifically addresses exploitation through misuse of a power of attorney. Texas differentiates between "abuse," "neglect," and "exploitation" with separate legal frameworks for each.

 

Age Threshold

The age at which someone is legally considered an “elder” varies by state. Most states use age 60 or 65 as the cutoff, while some states define elders by functional vulnerability, not just age.

 

Mandatory Reporting Laws

All 50 states have mandatory reporting laws for elder abuse, but who must report varies. Some states require only healthcare workers to report suspected abuse, while others include bank employees, clergy, social workers, and even private citizens. Time limits for reporting also range from immediate to within 48 hours of discovery.

 

Civil vs. Criminal Remedies

Some states make it easier for victims or families to file civil lawsuits, offering enhanced penalties or damages.

Criminal penalties also differ. In New York, financial abuse of the elderly is often charged under general theft laws. In California, elder abuse can be charged as a felony, with sentencing enhancements if serious injury or death occurs.

 

Protective Services

States fund Adult Protective Services (APS) differently, leading to variations in the quality and availability of intervention services.

Florida and Texas have well-established APS systems, but other states may struggle with resources or staffing.

 

Statutes of Limitations

The timeframe to file a lawsuit for elder abuse varies. Some states allow up to 3 years from the date of discovery. Others have shorter windows, especially for claims related to medical malpractice or financial fraud.

 

Special Protections in Facilities

Licensing requirements, staffing ratios, and resident rights in nursing homes and assisted living facilities vary by state. 

For example, California mandates detailed care plans and regular assessments. Georgia has specific laws governing how residents can be physically restrained.
 

Elder abuse laws reflect the values and priorities of each state. Working with a national firm like Morgan & Morgan, which has attorneys familiar with state-specific laws, can make a big difference.

Morgan & Morgan is committed to fighting for justice for elderly individuals and their families. Our experienced attorneys handle a wide range of elder abuse cases, including:

Nursing Home Negligence & Abuse

When nursing homes fail to provide adequate care, residents may suffer from untreated bedsores, infections, malnutrition, falls, and even death. We hold these facilities accountable for their negligence and abuse.

Assisted Living Facility Abuse

Assisted living facilities are supposed to offer safe, supportive environments for seniors. Unfortunately, staff shortages, poor training, and lack of oversight can lead to emotional, physical, and financial abuse.

Home Caregiver Abuse

Elderly individuals receiving in-home care may be vulnerable to abuse from caregivers. Whether the abuse is physical, emotional, or financial, we investigate and take legal action against the perpetrators.

Financial Exploitation & Fraud

Our attorneys handle cases involving identity theft, scams, misuse of power of attorney, and unauthorized use of funds. We help victims recover stolen assets and pursue civil claims against the wrongdoers.

Medical Malpractice in Elderly Care

Mistakes in diagnosing or treating elderly patients, prescribing wrong medications, or providing substandard care may constitute medical malpractice. We fight to ensure elderly patients receive proper medical attention.

Wrongful Death Due to Elder Neglect or Abuse

In tragic cases where abuse or neglect leads to death, our legal team works with families to pursue justice through wrongful death lawsuits, seeking compensation and closure.

In most states, elder abuse lawsuits can be filed by the victim of abuse—but because many elderly individuals are physically or cognitively unable to take legal action themselves, the law allows certain other parties to file a lawsuit on their behalf. These can include:

The Elder Abuse Victim

If the elderly person is mentally and physically capable, they can file a lawsuit directly. This is often the case when the abuse is financial, emotional, or physical but has not resulted in incapacitation.

Legal Guardian or Conservator

If the elder has been deemed incapacitated (due to dementia, Alzheimer’s, or another medical condition), a court-appointed guardian or conservator may be authorized to file a lawsuit on their behalf. These representatives are empowered to make legal and financial decisions in the best interest of the elder.

Power of Attorney Holder

If the elder has previously granted power of attorney to a trusted individual—typically a family member, attorney, or friend—that person may be able to initiate legal action depending on the scope of their authority. A durable power of attorney often includes the right to pursue litigation.

Immediate Family Members

In cases involving wrongful death due to elder abuse, immediate family members—such as a spouse, child, or sometimes even a sibling—can often file a wrongful death claim. The laws around this vary by state, but generally, the right to file goes to the closest next of kin.

Estate Representative / Executor

If the elder passes away due to abuse or neglect, the executor or personal representative of their estate may file a lawsuit on behalf of the estate to recover damages such as medical bills, pain and suffering, and funeral expenses.

State or Government Agencies

In some severe cases, especially when the abuse is widespread or part of a pattern, state attorneys general or local governments may file lawsuits or criminal charges against facilities or individuals under elder abuse statutes. These are usually in addition to any civil lawsuits brought by the family or victim.

Important Considerations

To file a lawsuit, the party must generally have legal standing, meaning they’re directly impacted by the abuse or are legally authorized to act for the victim.

If there’s a dispute among family members about who can file, the court may intervene to determine the appropriate party.

A qualified elder abuse attorney at Morgan & Morgan can help clarify who should file and how to gather the necessary documentation (medical records, power of attorney, guardianship papers, etc.).

Recognizing elder abuse isn’t always easy, especially when victims are too frightened, ashamed, or physically unable to speak up. But there are often warning signs and symptoms that can help you detect when something is wrong. These red flags can vary depending on the type of abuse—physical, emotional, financial, sexual, or neglect—and may appear subtly at first before escalating.

Here’s what to look for:

General Warning Signs (All Types of Abuse)

• Sudden changes in behavior or mood
• Fearfulness or anxiety, especially around certain caregivers
• Withdrawal from family, friends, or activities
• Unexplained weight loss or signs of malnutrition
• Poor hygiene or unsanitary living conditions
• Repeated hospital visits or injuries
• Vague or inconsistent explanations about injuries or financial decisions
• Refusal to speak openly in the presence of staff or caregivers
  
   

Physical Abuse Signs

• Bruises, welts, or cuts
• Broken bones or sprains
• Signs of being restrained (marks on wrists or ankles)
• Unexplained falls or injuries
• Delay in seeking medical treatment for obvious injuries

Emotional or Psychological Abuse

• Depression, hopelessness, or sudden mood swings
• Unusual fearfulness or agitation
• Rocking, mumbling, or self-soothing behaviors
• Reluctance to speak or sudden silence when staff enter the room
• Isolation from loved ones without explanation

Financial Abuse or Fraud

• Sudden changes in bank accounts or financial documents
• Unexplained withdrawals or transfers
• Missing cash, valuables, or property
• Sudden changes to wills, trusts, or power of attorney
• Bills going unpaid despite adequate resources
• The elder expresses confusion about financial decisions they supposedly made

Sexual Abuse

• Bruising around the breasts, genitals, or inner thighs
• Unexplained sexually transmitted infections (STIs)
• Torn or stained undergarments
• Fear of being touched
• Unexplained bleeding or infections

Neglect

• Bedsores (pressure ulcers)
• Poor personal hygiene (unwashed body, soiled clothing or linens)
• Dehydration or malnutrition
• Unsafe or unsanitary living conditions (dirty bedding, insects, lack of heat/AC)
• Missed medications or untreated medical issues

Behavioral Red Flags From Staff or Caregivers

• Caregivers who are over-controlling or dismissive
• Caregivers who refuse to let you be alone with your loved one
• Staff who seem rushed, rude, or indifferent
• A facility that discourages visits or lacks transparency
  
   

What to Do if You Notice Signs of Elder Abuse

If you observe any of these red flags—trust your instincts. While some symptoms may have innocent explanations, patterns of behavior or multiple warning signs should not be ignored. Keep a log of what you observe, speak privately with your loved one if possible, and don’t hesitate to contact authorities or legal professionals.

In elder abuse cases, multiple parties may be held legally responsible if they played a role in the abuse, neglect, or allowed it to continue. Liability can extend beyond the direct abuser to include employers, corporations, and even third parties who failed in their duty to protect the elderly individual.

Here’s a breakdown of the most common parties who can be held liable:

Individual Caregivers

This includes anyone providing direct care to the elderly person, whether in a professional or personal setting:

• Nursing home staff
• In-home caregivers
• Family members or guardians
• Hired aides or companions
   

Types of liability:
They can be held responsible for physical, emotional, sexual, or financial abuse, as well as neglect. Even a single act of misconduct can be grounds for both civil and criminal charges.

Nursing Homes and Assisted Living Facilities

Facilities can be held liable for:

• Negligent hiring or training
• Understaffing
• Failure to supervise employees
• Failure to maintain a safe environment
• Allowing known abuse to continue

Corporate ownership groups may also share liability if they manage or profit from the facility but fail to enforce adequate care standards.

Home Health Agencies

When abuse or neglect happens under the care of a licensed home health agency, the agency may be liable for:

• Employing unqualified caregivers
• Failing to perform background checks
• Ignoring complaints or red flags
• Not following state or federal care guidelines
  
   

Medical Professionals

Doctors, nurses, therapists, and other licensed professionals can be held accountable for:

• Medical malpractice
• Improper medication administration
• Failure to diagnose or treat medical issues caused by abuse or neglect

Hospitals and clinics may also be liable for failing to report suspected abuse.

Financial Institutions or Advisors

If a bank, accountant, or financial planner enables or ignores signs of financial exploitation, they could be found liable if they:

• Fail to act on suspicious transactions
• Don’t follow state reporting laws
• Encourage or participate in financial misconduct
  
   

Guardians, Conservators, or Power of Attorney Holders

When someone is entrusted with legal or financial control over an elderly person, they are legally required to act in that person’s best interest. Misuse of those powers can lead to civil lawsuits, criminal charges, or both.

Third-Party Vendors or Contractors

In some cases, liability may extend to third parties who visit or interact with elder care facilities, such as maintenance workers, transportation providers, or outside therapists, if they engage in or contribute to the abuse.

Government or Regulatory Bodies (in rare cases)

If a government-run facility fails to follow its own policies or ignores complaints, it may be possible—though more complex—to pursue legal action against the state or municipal agency responsible.

Shared Liability

Many elder abuse cases involve multiple liable parties, like when an institution covers up abuse or neglect. For example, both an abusive nurse and the facility that hired them without proper screening could share responsibility.

Get Legal Help

Determining liability can be complicated, especially when institutions deny wrongdoing or try to shift blame. Morgan & Morgan’s elder abuse attorneys investigate every angle, gathering evidence from staffing records, security footage, medical charts, and more to hold all responsible parties accountable.

Elder abuse is not only morally reprehensible—it’s also illegal. Across the United States, a patchwork of federal and state laws exists to protect older adults from abuse, neglect, and exploitation. These laws outline what constitutes elder abuse, establish mandatory reporting requirements, and provide victims with avenues for justice through civil and criminal proceedings.

Below is an overview of the key laws and regulations designed to combat elder abuse:

Federal Laws Protecting the Elderly

The Elder Justice Act (EJA) – 2010

Part of the Affordable Care Act, the Elder Justice Act is the most comprehensive federal law addressing elder abuse. It provides funding and support to improve prevention, detection, and prosecution of elder abuse and neglect.

Key provisions include:

• Grants for Adult Protective Services (APS)
• Support for long-term care ombudsman programs
• Mandatory reporting requirements for suspected abuse in long-term care facilities
• National coordination of elder abuse prevention efforts
  
   

Older Americans Act (OAA) – Originally passed in 1965

This law funds programs and services that help older adults maintain independence and dignity. It supports:

• Community-based services (meals, transportation)
• Legal assistance for older adults
• Long-term care ombudsman programs to investigate complaints in nursing homes
  
   

Nursing Home Reform Act – 1987 (part of the Omnibus Budget Reconciliation Act)

This act sets national standards for nursing home care, including:

• The right to be free from abuse, neglect, and exploitation
• Requirements for facilities to have adequate staffing, nutrition, and care plans
• Regular inspections and penalties for noncompliance
  
   

Health Insurance Portability and Accountability Act (HIPAA)

While mainly focused on privacy, HIPAA allows healthcare providers to share medical information with relevant authorities without patient consent if they suspect elder abuse or neglect.

The Violence Against Women Act (VAWA)

Though primarily focused on domestic violence, VAWA includes protections for elderly women and funds programs that help victims of elder abuse

State Laws on Elder Abuse

Each state has its own definitions, protections, and penalties related to elder abuse. These can vary widely, but most states include laws that cover:

• Mandatory reporting: Certain professionals (like doctors, nurses, and social workers) are legally required to report suspected abuse.
• Definitions of abuse: Including physical, emotional, sexual, financial, and neglect.
• Criminal penalties: For individuals or institutions found guilty of elder abuse or neglect.
• Civil remedies: Allowing victims or families to sue for damages.
• Statutes of limitation: Time limits to file a lawsuit vary by state.
   

Some states also provide enhanced penalties when crimes are committed against people aged 60 or older.

Adult Protective Services (APS)

Each state operates an APS agency that responds to reports of elder abuse. These agencies:

• Investigate abuse allegations
• Coordinate care and protection services
• Work with law enforcement and healthcare providers
   

APS guidelines and scope of authority differ by state, but all aim to safeguard vulnerable adults.

Long-Term Care Ombudsman Programs

Every state has a long-term care ombudsman who investigates complaints made by or on behalf of nursing home and assisted living residents. They are independent advocates who help ensure facilities are held accountable for substandard care or abuse.

Mandatory Reporting Requirements

All 50 states have mandatory reporting laws for elder abuse. In most cases:

• Health professionals, care workers, and social workers must report suspected abuse.
• Some states expand that obligation to financial institutions and even clergy.
• Failure to report can result in criminal penalties for the mandated reporter.
  
   

Civil vs. Criminal Legal Avenues

Victims and their families may pursue elder abuse cases through both:

• Criminal proceedings (filed by the state): Can result in jail time, fines, and protective orders for abusers.
• Civil lawsuits (filed by victims/families): Can seek compensation for medical expenses, pain and suffering, lost assets, and wrongful death.
   

Morgan & Morgan specializes in civil elder abuse lawsuits—helping families recover financial compensation and hold negligent facilities or individuals accountable.

If you believe an elderly loved one—or any older adult—is being abused, neglected, or financially exploited, it’s important to act quickly and carefully. Elder abuse can escalate over time, and delays can worsen the harm or even result in tragic outcomes. Whether the abuse is happening in a nursing home, assisted living facility, or at home, there are clear steps you can take to help protect the victim and pursue justice.

Here’s what you should do if you suspect elder abuse:

1. Ensure the Elderly Person’s Immediate Safety

If the elder is in immediate danger, don’t hesitate—call 911 or emergency services right away. This is especially important if:

• The person is injured
• You believe the abuser is still present
• You suspect life-threatening neglect (lack of food, water, medication)
   

Your first priority should always be the physical safety and health of the victim.

2. Document Everything You Can

Even if you’re not yet sure, start keeping detailed records. Documentation can be critical later for investigators or attorneys to take action.

Keep a record of:

• Dates and times you noticed issues
• Physical signs (bruises, weight loss, poor hygiene, etc.)
• Emotional signs (withdrawal, fear, anxiety)
• Financial red flags (missing money, unpaid bills, new accounts)
• Conversations with staff, caregivers, or the elder themselves
• Photos of injuries or unsafe conditions (if possible and appropriate)
  
   

3. Speak Privately With Your Loved One

If it’s safe, talk to the elderly person in a private setting. Be gentle and supportive—many victims of elder abuse are reluctant to speak up due to fear, confusion, or loyalty to their caregiver.

Ask open-ended, non-threatening questions like:

• “How are you feeling?”
• “Do you feel safe here?”
• “Is anyone hurting you or making you uncomfortable?”
   

Listen carefully and avoid leading questions. Don’t pressure them to respond if they seem frightened—just let them know you’re here to help.

Report the Abuse to the Authorities

Each state has agencies specifically tasked with investigating elder abuse. You can report your concerns to:

Adult Protective Services (APS)

APS agencies investigate abuse and neglect in the home or community settings. They can offer protective services and coordinate care.

Find your state’s APS office here.

Long-Term Care Ombudsman (for nursing homes or assisted living facilities)

Every state has an ombudsman program that investigates complaints from residents of elder care facilities.

You can find contact info for your local ombudsman here.

 

State Licensing Agencies

You can also file a complaint with the agency that licenses and regulates nursing homes or healthcare providers in your state.

Notify Facility Management (if applicable)

If the abuse is happening at a nursing home or assisted living facility:

• Request a meeting with management
• File a written complaint
• Ask what steps they will take to investigate and prevent further harm
   

However, don’t rely solely on the facility to self-investigate. Always report to independent authorities as well.

6. Consider Moving Your Loved One (If Possible)

If conditions seem unsafe or the facility is uncooperative, you may need to explore alternate care options. This can be especially urgent if:

• Staff appear defensive or dismissive
• The abuse was severe
• You fear retaliation
   

A temporary stay with family or another facility may help protect your loved one during the investigation.

7. Contact an Elder Abuse Attorney

Legal action may be the best way to hold the abuser accountable, recover compensation for harm suffered, and force changes in policies or practices to prevent abuse from happening to others.
 

Morgan & Morgan’s elder abuse attorneys are experienced in handling complex cases involving:

• Nursing home negligence
• Home caregiver abuse
• Financial exploitation
• Wrongful death due to elder neglect
   

We can help investigate your case, collect evidence, and guide you through the legal process. And you never pay out-of-pocket; we only get paid if we win.

Filing an elder abuse lawsuit typically involves these steps:

• Consult an Attorney: Speak with a Morgan & Morgan attorney who specializes in elder abuse cases.
• Investigation: We gather evidence, interview witnesses, and assess the claim’s validity.
• Filing the Complaint: We file a civil complaint in the appropriate court.
• Discovery: Both sides exchange evidence and information.
• Negotiation or Trial: Many cases settle, but we are fully prepared to go to trial if needed.

Getting started with Morgan & Morgan is easy. You can contact our compassionate team for a free and confidential case evaluation to learn more about your legal options.

Victims and their families may be entitled to several forms of compensation, including:

• Medical expenses
• Pain and suffering
• Mental anguish
• Loss of quality of life
• Reimbursement for stolen funds or property
• Punitive damages (in cases of egregious abuse)
• Funeral and burial costs (in wrongful death cases)

Yes. If a nursing home’s negligence caused harm to your loved one—whether through poor staffing, unsanitary conditions, or lack of oversight—you may be able to file a lawsuit for damages. Morgan & Morgan’s attorneys can help you determine whether the facility violated state or federal regulations and pursue justice on your behalf.

If you notice unusual banking activity, missing valuables, or changes in financial documents:

• Speak with your loved one privately, if possible.
• Report the issue to Adult Protective Services.
• Consider freezing suspicious accounts.
• Contact an elder abuse attorney at Morgan & Morgan for legal guidance.
• File a police report if fraud is evident.

Each state has a statute of limitations—a deadline for filing a lawsuit. Depending on where the abuse occurred and the type of claim (personal injury, wrongful death), this period can range from one to six years. Consulting an attorney promptly is essential to preserving your rights.

Many elder abuse cases are settled out of court, providing quicker resolution and compensation. However, if a fair settlement cannot be reached, Morgan & Morgan is prepared to take the case to trial. Our attorneys have extensive courtroom experience in elder law and are committed to achieving the best possible outcome.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.