Each year in Colorado, there are more than 4,000 reports of elder abuse, and thousands more go unreported.1
According to C.R.S. 18-6.5-103, elder abuse occurs when a person 70 or older is the victim of these crimes:
These offenses always carry steeper penalties when committed against “at-risk” people, which include the elderly. For example, simple robbery normally carries up to six years in prison, while simple robbery against the elderly carries up to 12 years in prison.
In this article, our Denver criminal defense lawyers will address the following key issues regarding elder abuse laws in Colorado:
In Colorado, “elder abuse” comprises not only assault crimes against people 70 or older. “Elder abuse” also includes:
Sexual crimes, such as rape or groping;
Unreasonable confinement or restraint on their liberty;
Caretaker neglect, such as failing to reasonably provide food, clothing, shelter, medical care, or supervision in a timely manner;
Criminal negligence, which is a “gross deviation from the standard of care;” or
Exploitation.
This last crime – exploitation – can mean several things in elder abuse cases:
Depriving the elderly person of their cash, jewelry, investments, or other assets without lawful authority (such as theft or robbery);
Using a third party to your advantage and to the elderly person’s detriment; or
Compelling the elderly person to perform services against their will and to your (or another’s) benefit; or
Misusing the elderly person’s property in a way that hurts their ability to receive health care or pay basic bills.2
A classic elder abuse case is an older person being forced to sign a financial power of attorney, allowing the alleged abuser then to make decisions about money and other assets without permission. Sometimes, the alleged abuser steals the older person’s identity or forges their signature.
Elders are people 70 or older under C.R.S. 18-6.5-103.
If death results, a class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000
If serious bodily injury results, a class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000
If bodily injury results, a class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000
If the value is less than $500, a class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000
If the value is $500 or more, a class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000
In some cases, the judge may grant probation in lieu of jail or prison.3Knowingly causing bodily injury to an elderly person is third-degree assault in Colorado.
3. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with abuse, including elder abuse. In our experience, the following ten defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-6.5-103 charges reduced or dismissed.
The “elder” in your case was under 70 years old. We have seen charges where police arrest people for elder abuse without first verifying the alleged victim’s age.
You were not a caretaker under Colorado law. Caretaker neglect charges cannot stand if you were, for example, only a neighbor, friend, or family member with no caretaker responsibilities.
The injury was the result of an accident. Similar to children, elderly people are prone to falls and other accidents that have no criminal cause. We work with medical experts who can distinguish between injuries that were intentional or accidental.
You were acting in accordance with the elder’s wishes. It is common for elderly people to have durable power of attorney, and you committed no crime as long as you were following the terms.
You were acting consistently with prescribed medical care. For example, a doctor’s palliative care plan may allow you to administer high dosages of morphine that would ordinarily be illegal.
You did not knowingly commit the alleged act. If you acted merely negligently as opposed to willfully, your charges could be reduced or dismissed.
You acted in self-defense. This is one of our most common defenses. We see cases all the time where elderly people lash out due to frustration, senility, or medication-induced rage, and our clients did nothing wrong by fighting back in a proportional manner.
The item allegedly stolen was valued at less than $500. This “partial defense” could get a class 3 felony theft charge reduced down to a class 5 felony charge.
The police committed misconduct. We investigate each case to uncover all the instances where law enforcement made mistakes. Unlawful searches, false arrests, or coerced confessions give us the opportunity to have incriminating evidence excluded from your case, which could force the D.A. to drop your charge for lack of proof.
For you to be convicted in Colorado, prosecutors have the burden to prove each element of the crime beyond a reasonable doubt. If we can show prosecutors that their evidence is too problematic or inadequate to sustain a guilty verdict, we may be able to get your case lessened or dropped.
4. Reporting Elder Abuse
Call 911 if the victim is in immediate peril. Otherwise, report any type of elder abuse (from physical to financial) by calling Adult Protective Services in the county where the abuse is allegedly occurring:
APS will then investigate the matter. Depending on the case, APS may be able to ask a judge for:
an emergency removal and/or
guardianship for the elderly person
In addition to contacting APS, you can also file a police report. However, if only one person is causing trouble at your loved one’s care facility, you can try just reporting that person to management. If management then fires them, the problem can be solved without having to involve APS or the police.
5. Mandatory Reporters
Colorado law requires certain professionals to report any reasonable suspicions of elder abuse to police within 24 hours of the discovery. Examples of these professionals include:
Health care providers
First responders
Veterinarians
Psychologists
Social workers
School personnel
Clergymen
Mandatory reporters who willfully fail to report elder abuse face class 2 misdemeanor charges, carrying up to 120 days in jail and/or a fine of up to $750.4
6. Signs of Elder Abuse
Ten common indications that an elderly person is being abused, neglected, or exploited are:
weight loss, bed sores, bruises, and/or STDs
missed doctor’s appointments
lacking basic heat, air conditioning, electricity, water, and/or fresh food
loss of enjoyment of life and/or seeming fearful around caretakers
bad hygiene, dirty living conditions, or wearing dirty clothes or none at all
the caretaker is controlling who the older person can see and how they get transported
the caretaker humiliates, hits, slaps, chokes, kicks, or otherwise hurts the elderly person for an unjustifiable reason
the caretaker threatens to harm the elderly person or their pet
the elderly person is tied to a bed or wheelchair
the elderly person is taking incorrect dosages of medication or none at all
7. Civil Actions
Elder abuse victims can bring what is called a “civil action for compensation” against their abuser (or abuser’s employer) in pursuit of some financial compensation. (If you have power of attorney, you can bring this legal action on the elderly person’s behalf.)
Note that elder abuse victims can seek civil actions for compensation whether or not Adult Protective Services and/or the police investigated or intervened in their case. The purpose is not to get anyone into trouble but instead to recover monetary damages.
Frequently Asked Questions
Do Colorado’s elder abuse laws only protect people aged 70 and older?
No. While Colorado law specifically defines an “at-risk elder” as someone 70 years of age or older, the same statutes (C.R.S. 18-6.5-102) also protect “at-risk adults.” This broader category includes anyone 18 or older who:
has a physical or mental impairment,
has an intellectual and developmental disability (IDD), or
lacks the capacity to make or communicate responsible decisions regarding their health, safety, or welfare.
Who qualifies as a “caretaker” under Colorado law?
A person does not have to work at a nursing home or long-term care facility to be charged with caretaker neglect. Under Colorado law, a caretaker is defined as anyone responsible for the care of an older or at-risk person due to:
a family relationship,
a legal relationship,
a voluntary assumption of duties, or
them being paid for their services.
Who is most likely to commit elder abuse?
Sadly, elder abuse is most frequently committed by those closest to the victim. Statistics show that approximately two-thirds of all elder abuse cases are perpetrated by a spouse, adult children, or other family members.
Can an elderly victim get a restraining order against their abuser?
Yes. Victims of elder abuse—or someone acting on their behalf, such as a designated power of attorney—can file for a civil protective order (commonly known as a restraining order). These orders legally require the abuser to stay away from the victim and cease all contact, and they are strictly enforced by local law enforcement.
What legal options are available if an abused elder cannot make decisions for themselves?
If an elderly individual is incapacitated, suffering from severe cognitive decline (such as dementia), or otherwise unable to protect themselves from an abusive situation, concerned family members or Adult Protective Services can petition the court for a guardianship. The court will appoint a trusted guardian to take over the elder’s personal and medical decisions to ensure their ongoing safety.
In this article, our Denver criminal defense lawyers will address the following key issues regarding elder abuse laws in Colorado:
APS will then investigate the matter. Depending on the case, APS may be able to ask a judge for: