A vulnerable adult is a victim of maltreatment when she or he is subjected to abuse, – physical or sexual; Neglect – caregiver or self; and Financial Exploitation. There are three basic types of maltreatment; 1) Abuse-Physical, Emotional and Sexual, 2) Neglect-Caregiver Neglect or Self Neglect and 3) Financial Exploitation.
Minnesota Statute, Chapter 626, Section 626.557 defines adults who are in need of protection and vulnerable to various forms of abuse or neglect. An example of a specific services that might be obtained for the person is a Guardian/Conservator that is court appointed to act in the best interested of the vulnerable adult.
For Adult Maltreatment Reports Only: Effective 8:00 am on July 1st, 2015
For reporting suspected maltreatment of a vulnerable adult call the State-Wide Common Entry Point at 844-880-1574. The number is toll-free for the general public and answered 24/7.
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A Functionally Vulnerable Adult --must meet 3 criteria:
- Exhibit behaviors, signs or symptoms of and paired mental, physical or emotional ability. The impairment may be diagnosed condition were observed symptoms or behaviors (example: chronic and/ or escalating forgetfulness, inability to regulate mood, violence toward self or others, difficulty ambulating)
- The impairment must have a significantly negative impact on the adult's ability to care for him/herself or to direct his/her own care. This criterion may be met through information/observations that indicate that the adult is unable to perform activities of daily living (ADLs) or instrumental activities of daily living (IADLs), and is unable to make provisions to have these needs met through other means
- The impairment and related needs for assistance must also render the adult unable to protect him/herself from maltreatment. This criterion may be met through information that the adult is able to report or escape ill-treatment
A Categorically Vulnerable Adult:
- Resident or inpatient of the facility or received license services or services from a person or organization that exclusively offers provides or arranges for personal care assistance services under the medical assistant program (MN Statute 626.5572, subd. 21 [a] [1-3]}. Exclude outpatient services for treatment of chemical dependency or mental illness and inpatient services provided through the Minnesota sex offender program on a court-hold order or commitment, or to persons committed as sexual psychopathic personalities or sexually dangerous persons under Chapter 253B
Not a Vulnerable Adult:
- the individual does not meet the definition for a functionally or categorically vulnerable adult
Emotional Abuse is the misuse of power, authority, or both; verbal harassment. Reasonable mind and behavior that is not accidental therapeutic which produces or could reasonably be expected to produce mental anguish and emotional distress of a vulnerable adult (MN Statute 626.5572, subd. 2).
- Examples of emotional abuse include, but not limited to:
- Harassing/demeaning/malicious remark(s) or action(s)
- Threatening/intimidating oral, written, and/or gestured remarks or action
- Unreasonable confinement, forced separation, involuntary seclusion for deprivation
Physical abuse is physical force that is not accidental or not therapeutic which produces a reasonably be expected to produce physical pain or injury on all adult (MN Statute 626.5572, subd. 2). Also includes assault in the first through fifth degree as defined in section 609.221 to 609.224
- examples of physical abuse include but not limited to:
- Attack with object
- Strike with hand or fist
Sexual Abuse contact or interaction of a sexual nature involving vulnerable adult without informed consent (MN Statute 626.5572, subd 2[a] and subd 2 [c]).
- A vulnerable adult who is mentally incapacitated or physically helpless cannot give informed consent. Consent requires a freely given present agreement. Consent does not mean the existence of a prior or current social relationship or that the vulnerable adult failed to resist (MN Statue 609.341, subd 4a-b) situations where a sexual relationship existed prior to the caregiving relationship and where the vulnerable adult is not cognitively impaired and is unduly influence may not be sexual abuse
- examples of sexual abuse include but are not limited to:
- physical contact of a sexual nature
- physical contact of a sexual nature involving an object
- sexual utilization of vulnerable adult for gratification of others
Self Neglect- examples of self-neglect include but are not limited to:
- alcohol and/or other drug misuse leading to health or safety concerns
- clothing or lack thereof that creates a health hazard
- dangerous behaviors
- dehydration rebel nutrition
- poor hygiene resulting in health hazards
- hoarding behavior that results in health or safety hazards
- inability/failure to take medication as prescribed or to seek treatment for physical illness that could effectively threatens health or safety
- inability/failure to manage on-site result in till the shut off, lot\ss of shelter or other negative consequences
- unsafe/ unhealthy living conditions
Caregiver Neglect~ Use this allegation. If there is a legal relationship, a formal or informal arrangement, or an established pattern of caregiving between the vulnerable adult and the alleged perpetrator. If this does not exist don't neglect allegation definition
- caregiver neglect is a failure or omission by caregiver that results in the deprivation of essential services and ports necessary to obtain or maintain the mental functional physical health and safety of vulnerable adult (MN Statute 626.5572, subd. 17).
- Examples of caregiver neglect include but not limited to:
- refusal, failure or omission to provide added supervision physical care
- refusal, failure or omission to provide or allow access to clothing or shelter/utilities
- refusal, failure or omission to assist in basic personal cares
- refusal, failure or omission to arrange and provide access to prescribe medical treatment prescribed medications, physical or mental health needs
Financial Exploitation is the use of the vulnerable adult person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or persons property for any purpose not in the proper and lawful execution of a trust, including but not limited to situations where a person obtains money, property, or services from a vulnerable adult. Through the use of undue influence, harassment, duress, deception or fraud (MN Statute 626.5572, subd9)
- examples of financial exploitation:
- exploitation by a person with a fiduciary obligation to the vulnerable adult
- exploitation by person with no fiduciary obligation to the vulnerable adult
- any person has forced, compelled, coerced, or entice a vulnerable adult to perform services for the profit or benefit of another