Allegations of elder abuse are treated with the utmost seriousness in Utah. Elder abuse can include physical harm, emotional abuse, neglect, abandonment, or financial exploitation of vulnerable adults, particularly those over the age of 65. These charges carry not only criminal penalties but also devastating social and personal consequences.
If you or a loved one has been accused of elder abuse, it is critical to seek experienced legal counsel immediately. Even a mere accusation can destroy reputations and family relationships, and a conviction can result in lengthy prison time, steep fines, and mandatory registration on abuse registries.
Elder Abuse Defense Attorney in Utah
At Susanne Gustin, Attorney at Law, we understand the complex nature of elder abuse allegations. These cases often arise from misunderstandings, family disputes, or exaggerated claims made by third parties. Susanne Gustin brings decades of experience in defending clients against serious criminal charges in Utah and is committed to protecting your rights and reputation.
If you have been accused of elder abuse, call (801) 243-2814 for a free consultation today.
Information Center
- Understanding Elder Abuse Under Utah Law
- Key Elements a Jury Considers in Elder Abuse Cases
- Penalties for Elder Abuse in Utah
- Statute of Limitations for Elder Abuse in Utah
- Defenses to Elder Abuse Charges in Utah
- How Elder Abuse Cases Differ from Other Crimes
- Frequently Asked Questions
- Additional Resources
Understanding Elder Abuse Under Utah Law
Utah law defines elder abuse broadly, encompassing several types of conduct against vulnerable adults:
- Physical abuse — inflicting bodily harm, pain, or injury.
- Emotional/psychological abuse — intimidation, threats, humiliation, or verbal harassment.
- Neglect or abandonment — failure to provide food, medical care, shelter, or supervision when responsible.
- Financial exploitation — misuse of an elder’s assets, coercion to sign over property, or unauthorized control of finances.
The state recognizes elders as a protected class, which means that offenses against them can carry heightened penalties compared to similar crimes against younger adults.
Key Elements a Jury Considers in Elder Abuse Cases
- Proof of Intent — Did the accused knowingly or recklessly cause harm, neglect, or exploitation?
- Credibility of Witnesses — Jurors carefully evaluate testimony from family members, caregivers, or medical staff, particularly where disputes exist.
- Medical and Financial Evidence — Jurors weigh injury reports, financial records, and expert testimony to determine if abuse occurred.
- Circumstances of Care — Was the accused the legal caregiver, and did they have a duty to act? Or was the elder responsible for their own decisions?
Penalties for Elder Abuse in Utah
The severity of penalties depends on the specific type of abuse and whether the conduct caused injury, financial harm, or death.
- Class A Misdemeanor — Minor neglect or non-injurious conduct; punishable by up to 1 year in jail and fines up to $2,500.
- Third-Degree Felony — Serious neglect or exploitation resulting in harm; up to 5 years in prison and $5,000 in fines.
- Second-Degree Felony — Abuse resulting in serious bodily injury or significant financial exploitation; up to 15 years in prison and $10,000 in fines.
- First-Degree Felony — Abuse resulting in the elder’s death; 5 years to life in prison.
In addition, those convicted may face restrictions on working with vulnerable populations, civil lawsuits, and long-term reputational harm.
Statute of Limitations for Elder Abuse in Utah
The statute of limitations varies based on the severity of the alleged abuse. Generally, misdemeanor charges must be filed within 2 years, while felony charges often have a 4-year limit. However, in cases of serious bodily injury, financial exploitation, or death, the statute may extend further, and in certain homicide cases, there may be no limitation period.
Defenses to Elder Abuse Charges in Utah
Several defenses may be available in elder abuse cases:
- False Accusations — Family disputes, inheritance conflicts, or strained relationships can lead to fabricated claims. For example, a caregiver is accused of theft when in reality they had lawful access to funds.
- Lack of Intent — Many elder abuse laws require proof of intent. Example: An elder falls at home due to an accident, but prosecutors claim neglect by a family member.
- Consent — In some financial or medical decisions, the elder may have provided valid consent. For example, a grandparent voluntarily gifting money to a relative is not exploitation by the relative
- Insufficient Evidence — Without medical reports, financial records, or reliable witness testimony, the state may not be able to meet the burden of proof.
- Medical Complications — Some injuries or conditions may arise naturally due to age, illness, or fragility, rather than abuse.
How Elder Abuse Cases Differ from Other Crimes
Elder abuse cases involve unique challenges:
- Protected Class Enhancements — Similar conduct is punished more severely when committed against elders.
- Complex Evidence — Medical records, caregiver reports, and financial documentation often play a central role.
- Family Dynamics — Many allegations arise within families, where strained relationships complicate the facts.
- Mandatory Reporting Laws — Healthcare providers, social workers, and financial institutions are required to report suspected abuse, which can trigger investigations even without direct evidence.
Frequently Asked Questions
What is considered elder abuse in Utah?
Elder abuse includes physical harm, neglect, emotional abuse, and financial exploitation of a vulnerable adult, typically age 65 or older.
Can a family member be charged with elder abuse?
Yes. Many cases involve family members accused of neglecting or financially exploiting elderly relatives.
What penalties can I face if convicted of elder abuse?
Penalties range from misdemeanors with jail time and fines to first-degree felonies carrying life imprisonment, depending on the severity of the harm.
Do false accusations of elder abuse happen often?
Yes. Family disputes, inheritance conflicts, and strained caregiving relationships frequently lead to unfounded allegations.
Is financial exploitation treated the same as physical abuse?
Yes, under Utah law, financial exploitation can be prosecuted just as harshly, particularly when it involves large sums of money or vulnerable elders.
Additional Resources
Utah Code § 76-5-111: Abuse, Neglect, or Exploitation of a Vulnerable Adult – The official Utah statute defining elder abuse.
Utah Division of Aging & Adult Services – Resources, reporting tools, and elder protection programs.
National Center on Elder Abuse – Federal resource center with data, prevention strategies, and education.
Hire an Elder Abuse Defense Attorney in Utah
If you or a loved one has been accused of elder abuse, it is essential to have an experienced defense attorney who understands the complexities of these sensitive cases. Susanne Gustin proudly serves clients throughout Salt Lake City and across the state of Utah, providing aggressive and compassionate defense for those facing elder abuse allegations.
Contact Susanne Gustin, Attorney at Law today for a free and confidential consultation at (801) 243-2814.
