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Elder abuse law in Hawaii is designed to protect vulnerable adults, especially those aged 60 and older, from various forms of abuse, neglect, and exploitation. Hawaiian statutes and regulations provide civil and criminal remedies for victims, help authorities intervene on behalf of at-risk elders, and establish systems for reporting and investigating potential abuse. Elder abuse can include physical harm, emotional abuse, neglect (including self-neglect), financial exploitation, and abandonment. Understanding your rights or the rights of your loved ones is the first step toward effective protection under the law.
In many elder abuse cases, the issues and relationships involved can be complicated. You may need a lawyer if:
An experienced elder law attorney can help navigate the local laws, represent clients in court, or assist with administrative matters such as petitions or complaints.
Hawaii has several key laws relevant to elder abuse prevention and remedy. The primary law is Hawaii Revised Statutes (HRS) Chapter 346, Part X, which defines the abuse of a dependent adult and creates a mandatory reporting system for certain professionals. It allows the Adult Protective and Community Services Branch (APCSB) to intervene, investigate, and offer protective services when abuse is suspected.
The law covers various types of abuse:
Mandatory reporting applies to health care providers, social workers, police officers, and others who suspect abuse. Penalties for violating elder abuse laws can include civil actions, protective orders, and criminal charges depending on the nature of the abuse.
Elder abuse in Hawaii includes physical, emotional, or sexual abuse, neglect or self-neglect, financial exploitation, and abandonment of an elderly person, generally someone aged 60 or older.
Certain professionals, such as health care providers, law enforcement, and social workers, are mandated by law to report suspicions of elder abuse. However, anyone can and should report if they suspect abuse.
You can report elder abuse by contacting the Adult Protective and Community Services Branch or local law enforcement. Reports can be made confidentially and may be submitted anonymously in some cases.
Authorities will investigate the report, assess the situation, and, if necessary, implement protective measures, provide services, or pursue criminal charges.
Yes, anyone who commits abuse, including family members, caregivers, or others in a position of trust, can face civil or criminal liability.
Victims may seek protective orders, restitution of stolen or misused property, removal of abusive caregivers, and, in some cases, pursue civil lawsuits or press criminal charges against perpetrators.
Penalties range from fines and restitution orders to imprisonment, depending on the type and severity of the abuse. Some forms of financial exploitation are considered felonies.
In most cases, competent adults have the right to refuse services or intervention, unless they are found legally incapacitated and a guardian is appointed.
Yes. Self-neglect, where elders cannot care for their basic needs, is included under Hawaii's protective statutes. Services can be offered even if no other abuser is involved.
You can contact the Hawaii State Bar Association, local legal aid organizations, or elder advocacy groups for referrals to attorneys knowledgeable in elder abuse law.
If you or someone you know is experiencing or suspects elder abuse, take the following steps:
Dealing with elder abuse can be distressing and complex. Professional legal guidance helps navigate the process effectively and ensures the senior's rights and safety are protected under Hawaii law.
