Massachusetts General Laws Chapter 265, Section 13K, punishes the crime of Assault Battery on Elderly or Disabled Persons with commitment to state prison for up to 3 years, or up to 2.5 years in the House of Corrections.
Under Massachusetts Law, a person is considered to be elderly if he or she is 60 years old or older.
(a1/2) Whoever commits an assault and battery upon an elder or person with a disability shall be punished by imprisonment in the state prison for not more than 3 years or by imprisonment in a house of correction for not more than 21/2 years, or by a fine of not more than $1,000, or both such fine and imprisonment.
Laws known as “filial responsibility laws” are present in 30 of the 50 states, including Connecticut, Massachusetts and Rhode Island and can hold children legally responsible for their parents ‘ long-term care expenses like nursing home bills.
If your state mandates reporting, most medical care providers have an obligation to report suspected elder abuse. If they fail to report potential abuse, they can be liable for any injuries and damages the victim may later suffer.
If a person is found to be unable to understand the nature of the proceedings against him or her, or be able to participate and help in his or her defense, that person will be deemed incompetent to be tried, convicted, or sentenced, for as long as the incapacity continues.
California law prohibits a person from using force or threat of force to willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege under state or federal laws or constitutions because of the person’s disability (actual or perceived).
Massachusetts Assault and Battery (A&B) In Massachusetts, under MGL c. 265 s. 13A, the charge of assault or assault and battery carries up to 2 years in jail and a $1,000 fine.
You will rely on Social Security, Supplemental Security Income (SSI), which is a program for low-income seniors, and/or Social Security Disability Income (SSDI). You may have to find a roommate to sharing housing costs and utilities. Otherwise, you might move into a mobile home, or simply rent a room in a house.
The basic rule is that all your monthly income goes to the nursing home, and Medicaid then pays the nursing home the difference between your monthly income, and the amount that the nursing home is allowed under its Medicaid contract. You may need your income to pay off old medical bills.
These laws, called filial responsibility laws, obligate adult children to provide necessities like food, clothing, housing, and medical attention for their indigent parents.
Call 1800 628 221. Any- one can make the call.
If you believe you or someone you know may have been a victim of elder fraud, contact your local FBI field office or submit a tip online. You can also file a complaint with the FBI’s Internet Crime Complaint Center.
In order to prove you guilty of FELONY elder abuse under Penal Code section 368, the prosecutor must establish beyond a reasonable doubt the following: 1) you inflicted unjustifiable physical pain or mental suffering on an elder, or you allowed another person to do so; 2) you acted willfully or with criminal negligence