Nevada “Elder Abuse” Laws & Penalties – NRS § 200.5099

NRS § 200.5099 is the Nevada law that makes it a crime to abuse, neglect, isolate, exploit, or abandon people 60 years of age or older. Elder abuse and neglect is prosecuted as a gross misdemeanor or a class C felony that carries:

• Up to 5 years in prison and
• Up to $10,000 in fines.

Elder abuse can be a category B felony that carries up to 20 years in prison if the victim suffers substantial bodily or mental harm.

Common examples of elder abuse include:

• Adult children beating their parents for being a burden
• Nursing-home elder care facility workers withholding food from residents as punishment for acting out
• Scammers bilking money out of a dementia patient

Here at Las Vegas Defense Group, we have represented countless family members and nursing home workers who were falsely accused of elder abuse or were acting in lawful self-defense. We have a proven track record of successfully reducing or dismissing these charges, often without the need for trial.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. “Elder Abuse” Defined
• 2. Defenses
• 3. Penalties
• 4. Civil Lawsuits
• 5. Reporting Elder Abuse
• 6. Mandatory Reporters
• 7. Guardianship and Power of Attorney
• 8. Applicable Statutes
• Additional Resources

1. “Elder Abuse” Defined

Harming people age 60 or older is a Nevada crime. Elder abuse comprises many types of abuse, including

• physical abuse and neglect,
• domestic violence,
• emotional abuse,
• psychological abuse, and
• financial abuse.

In Nevada, there are five different kinds of elder abuse cases that we frequently see:

Elder Abuse

Nevada’s definition of abusing elders is willful and unjustified:

1. Infliction of physical pain, physical abuse, injury, or mental anguish, or
2. The deprivation of food, shelter, clothing, or services necessary to maintain physical or mental health.

Therefore, abuse of elderly people encompasses any behavior that can cause physical or mental harm, such as:

• Hitting, kicking, or punching;
• Constantly yelling at the person;
• Keeping the person in a too-hot or too-cold room;
• Starving; or
• Failing to provide the person with the necessary medication and medical care.

Warning signs of elder abuse include bruises, broken eyeglasses, depression, and being afraid to speak up.

Note that if the abuse involved sexual abuse, district attorneys would bring charges for sexual assault or open and gross lewdness in Nevada. Warning signs may include STIs and genital bruising.

Elder Neglect

Nevada’s definition of neglect of older people is the failure to fulfill legal or contractual obligations to provide care.

Example: Tom hires Angela to care for his sick father during the day. Instead, Angela ignores him and watches TV. Since Tom’s dad cannot communicate, Tom has no idea Angela is not living up to her contractual obligations and is committing elder abuse. It does not matter if Tom’s dad in the above example sustains no serious injuries. Neglectful behavior in itself is a crime.

Signs of elder neglect – especially in assisted living homes – are bed sores, weight loss, pill bottles that have not been refilled, and broken bones (from falls). Victims are often in clothes that are too hot or cold for the weather and may show signs of dehydration and malnutrition.

Elder Isolation

Nevada’s definition of isolation of older people is willfully, maliciously, and intentionally preventing human contact. This typically occurs with elderly victims who

• Are unable to walk or
• Otherwise have limited mobility.

Sometimes, victims are physically restrained, and the abuser may falsely tell outside people that the elderly person does not want visitors.

Elder Exploitation

Nevada’s definition of elder exploitation occurs when you:

1. Have trust or power of attorney over the victim, and
2. Deceptively obtain control of the victim’s assets or deprive them of the assets.

These cases often involve tricking or using undue influence on an elderly person into:

• Changing their will,
• Transferring deeds, or
• Signing over their bank accounts.

Elder Abandonment

Nevada’s legal definition of abandonment of older people occurs when caretakers:

1. Desert the elderly in an unsafe manner, or
2. Withdraw the necessary assistance that the elderly are owed.

An example would be a frustrated caretaker leaving an elderly person who cannot talk or communicate alone in the woods with no way to get home.¹

2. Defenses

In our experience, caretakers and family members are often wrongfully accused of abusing older people. We have found that the following three defenses have been very effective with prosecutors, judges, and juries:

1. You acted in self-defense. It is not unusual for frustrated older people to lash out and become violent. If you reasonably believed you were about to be harmed – and responded with proportional force – then no crime occurred. Evidence we rely on includes video surveillance, eyewitness testimony, and forensic examination of any injuries.
2. You did not cause the injury. Elderly people are prone to hurting themselves, and police may misconstrue their bruises as abuse. We can often raise a “reasonable doubt” by hiring an expert witness to examine the older person’s injuries and to testify that they were self-inflicted or caused by an innocent accident.²
3. You were falsely accused. People often make untrue allegations out of anger or revenge, but it may be possible to prove they are lying. Perhaps the older person said something or wrote something that reveals their motivation to get you into trouble, and we can introduce that evidence in court to impeach their credibility.

Many abuse charges come down to a case of he said/she said. If there is no evidence of abuse, it may be tough for the D.A. to prove guilt beyond a reasonable doubt.

3. Penalties

Nevada’s elder crime punishments depend on the type of harm, as the following table spells out.³

4. Civil Lawsuits

Older adults who have been physically, mentally, or financially abused may sue the perpetrators for financial settlements. Depending on the case, potential claims may include:

• Elder abuse,⁴
• Battery,
• False imprisonment,
• Negligent infliction of emotional distress,
• Intentional infliction of emotional distress,
• Fraud, and/or
• Conversion (theft)

Nursing home abuse lawsuits are common. Elderly residents are often at the mercy of undertrained and understaffed facilities that frequently fail to follow safety protocols.

5. Reporting Elder Abuse

If the elderly person is in immediate danger, call 911.

Otherwise, to report suspected abuse, contact Adult Protective Services (APS) at this social services hotline: 888-729-0571. After hours, you can call the Crisis Call Center at 800-992-5757.

If the suspected vulnerable person abuse is in Clark County, local calls can be made to 702-486-6930.

6. Mandatory Reporters

Under Nevada law, certain professionals are required to report suspected elder abuse, neglect, etc. as soon as practicable – but not later than 24 hours – after they learn of the abuse. The report can be made to either:

• the Aging and Disability Services Division of the Department of Health and Human Services or
• local law enforcement.

Just some of Nevada’s mandatory reporters include:

• health care providers, such as physicians, nurses and dentists
• psychiatrists, psychologists, and therapists
• athletic trainers
• paramedics and ambulance drivers
• licensed dietitians
• coroners
• home health care providers
• social workers
• funeral workers
• law enforcement
• probation officers
• nursing home workers
• Department of Health and Human Services’ employees

Willfully failing to report elder abuse is a misdemeanor, carrying up to six months in jail and/or $1,000. Mandatory reporters may not be sued or prosecuted for reporting that turns out to be false as long as they made the report in good faith.⁵

7. Guardianship and Power of Attorney

If an elderly person lacks decision-making capacity, the court can appoint someone else as that person’s guardian to make decisions

• in the elderly person’s best interest and
• that are consistent with their wishes.

Often, courts appoint a close family member or friend as an elderly person’s guardian; otherwise, they can appoint a public guardian. Learn more about guardianship rules and find court forms at the Nevada Self-Help Center guardianship page.⁶

While an elderly person still has decision-making capacity, they may want to create a “durable power of attorney” document. This is where they name someone they trust to make financial and/or healthcare decisions on their behalf if they ever become incapacitated in the future. Learn more at the Nevada State Bar power of attorney website.

8. Applicable Statutes

• Elder abuse: NRS 200.5092(1) and NRS 200.5099(1)
• Elder abuse with substantial bodily harm or death: NRS 200.5092(1) and NRS 200.5099(1) & (6)
• Elder neglect: NRS 200.5092(4) and NRS 200.5099(2)
• Elder neglect with substantial bodily harm or death: NRS 200.5092(4) and NRS 200.5099(2)(7)
• Elder exploitation: NRS 200.5092(2) and NRS 200.5099(3)(a), (b) & (c)
• Elder isolation: NRS 200.5092(3) and NRS 200.5099(5)
• Conspiracy to commit elder abuse, exploitation, or isolation: NRS 200.5099 and NRS 200.50995(1) or (2)
• Failure of mandatory reporters to report elder abuse: NRS 200.5093
• Sentencing enhancement for certain crimes against victims 60 or older: NRS 193.167

Additional Resources

For more information, refer to the following:

• Adult Protective Services – Nevada 211, a program of the Nevada Department of Health and Human Services which investigates reports of elder abuse. This is also refered to as the Nevada Elder Abuse Prevention Council (NEAPC).
• City of Las Vegas Senior Citizens Law Project (SNSLP) – A legal aid program that provides free legal services, advice, and representation to low-income senior residents of Las Vegas in various civil legal matters such as housing, consumer protection, estate planning, and elder abuse, with the goal of promoting access to justice and safeguarding the rights of elderly individual
• Department of Health and Human Services Adult Protective Services – Nevada agency that investigates statewide reports of elder abuse, neglect, self-neglect, exploitation, isolation and abandonment.
• Department of Health and Human Services Aging and Disability Services Division (ADSD) – Main Nevada government webpage Aging and Disability Services
• Elder Abuse, Neglect and Exploitation: Legal Resources and Remedies Guide – Provided by the Eighth Judicial District Court
• Eldercare Locator – A public service of the U.S. Administration on Aging to guide you to elder care services.
• Las Vegas Metropolitan Police Department (LVMPD) Abuse Neglect Bureau: General information about what abuse and neglect comprise and how to report it.
• Long-Term Care Ombudsmen (LTCO) – Nevada’s Long-Term Care Ombudsmen (LTCO) are advocates who work to protect the rights, welfare, and quality of life for residents of long-term care facilities such as nursing homes and assisted living centers by investigating and resolving complaints, educating residents and families about their rights, and promoting policies to improve long-term care services.
• National Adult Protective Services Association – Organization that investigates cases of abuse, neglect or exploitation.
• National Center on Elder Abuse (NCEA) – National resource center dedicated to the prevention of elder mistreatment.
• Nevada Attorney General’s Office Medicaid Fraud Control Unit (MFCU) – A state law enforcement agency that investigates and prosecutes Medicaid provider fraud as well as abuse or neglect of patients in Medicaid-funded facilities or board and care facilities, in order to protect Nevada’s vulnerable populations and safeguard taxpayer dollars that fund the Medicaid program.
• Nevada Care Connection – Helps connect elderly people with services.
• Nevada Legal Services – General information on how to identify elder abuse.
• Nevada Senior Services – A non-profit dedicated to improving all aspects of life for the elderly.
• Office for Victims of Crime – Department of Justice (ovc.ojp.gov) – Resources for elder care victims.
• Report Vulnerable Adult Abuse (through the ADSD) – Phone numbers and intake forms to report elder abuse in Nevada.
• UNR Sanford Center for Aging – Using research and outreach to improve quality of life among elders.
• Violence Prevention – CDC – Article about how to prevent elder abuse.

Legal References: