What Does the Law Cover?
The law covers four areas of abuse:
- physical injury, unreasonable confinement, unreasonable punishment, or assault;
- a sexual offense under Iowa Code chapter 709 (sexual abuse) or Iowa Code section 726.2 (incest);
- neglect; and
- financial exploitation.
For all types of abuse other than financial exploitation, the abuser can be anyone other than a staff member of a health care facility (which includes nursing homes), hospital, elder group home, assisted living program, or adult day services program. If the abuse is committed by a staff member of a facility, hospital, or program, the abuse is covered by another abuse law. See Iowa Code chapter 235E.
If there is financial exploitation, for the law to apply, the abuser must be someone who stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings, or assets of the vulnerable elder. People who are in a position of trust and confidence include:
- a parent, spouse, adult child, or other relative by blood or marriage;
- the vulnerable elder’s caretaker (not a staff member of a health facility, hospital, or program); and
- any person who is in a “confidential relationship” with the vulnerable elder. A confidential relationship does not include financial institutions, insurance companies and their agents, attorneys, and real estate brokers and agents.