Protective Services for Elders at Risk

Protective Services Act and Reporting Requirements
MGL - 19A: Sections 14-26

What is the purpose of the Protective Services Act?

The purpose of this Act is to establish legal reporting requirements and a protective service system for Massachusetts citizens age sixty and over who are victims of certain types of abuse, neglect, self-neglect and financial exploitation.

How are abuse and neglect defined in this act?

Under this Act abuse is defined as continued actions or omission by a caretaker (or someone with whom the elder has an on-going personal relationship), which result in serious physical, emotional, or financial injury to an elder. Such acts or omissions include physical abuse, emotional abuse, sexual abuse, financial exploitation, or neglect. Suspected incidences of self neglect are also covered by the Act.

Are all persons 60 and over covered by this act?

No. Some elders residing in nursing homes on a permanent basis, some rest homes, or other facilities licensed by the Department of Public Health are not covered by this act. Residents of these facilities are covered by separate legislation, MGL, Chapter 111 72F to 72L. However, there are some unique situations that would be covered by Protective Services (for example, some short-term nursing home residents, some residents in assisted living homes); so it is important to consult with a member of the Protective Service Department.

Who are mandatory reporters under this act?

By law, mandated reporters must report elder abuse. Mandated reporters who fail to report elder abuse may be subject to fine. Some examples of mandated reporters include:

Physicians, dentists, coroners, podiatrists, osteopaths, physician assistants, social workers, nurses, occupational and physical therapists, psychologists, counselors, firefighters, police and probation officers, emergency medical technicians, executive directors of home health aide and homemaker agencies, home care case managers, health aides, and homemakers, and managers of assisted living residences.

What agency is responsible for receiving reports of abuse?

Somerville Cambridge Elder Services (SCES) has been designated by the Executive Office of Elder Affairs as the protective services agency responsible for receiving and investigating reports of abuse, neglect, or financial exploitation and/or self neglect for residents over the age of 60 who live in Somerville or Cambridge.

How are reports of suspected cases of elder abuse, neglect or self neglect filed?

During regular business hours referrals can be made to SCES by calling 617-628-2601 x3420 (or ask for the Protective Services On Call Worker).

After hours referrals can be made to the state-wide Elder Abuse Hotline by calling 1-800-922-2275.

What services will the protective service agency provide after reports are received?

The protective services caseworker from SCES will investigate and conduct an assessment of the allegations reported. They will also assess the elder's capacity, functional ability, situation, and resources. If the allegations are substantiated the protective service caseworker will develop a service plan designed to alleviate the abuse or neglect. Arrangements for appropriate protective services will be made for those individuals who desire and consent to these services. Also, a competent elder has the right to refuse a protective service investigation or services.

What if the elder lacks the capacity to consent?

If the elder is determined to lack the capacity to consent, the protective service agency may file a petition with the Probate Court for a temporary guardianship or conservatorship for purposes of consent to the provision of protective services.

If the elder lacks the capacity to consent and is in an emergency situation where there is substantial risk of death or immediate physical or mental harm, the designated agency may file a petition for an emergency order of protective services.

How will the courts be involved?

The protective service worker may seek the appointment of a guardian or conservator, guardian ad litem, or other legal intervention in some situations. The law mandates that the designated protective service agency report cases of serious abuse or neglect to the District Attorney's office.

For more information about Elder Protective Services, call the Protective Services Director at Somerville-Cambridge Elder Services, 617-628-2601.