Is it against the law to leave an elderly person alone?

Answer 1

Each state may be different, so check your state or country's laws.

Also, remember that if an injury occurs, how serious it is will affect the degree of the charge. This applies to elderly, disabled and children under 14 in the state of Texas. Your state may be different. Do not quote me, as I am not a lawyer but I was in law enforcement and also have the Texas Penal code and Code of Criminal Procedures book on hand. That is why I am comfortable with answering this question. Be cautious when reading answers in serious cases like this, because you do not know the person answering it and where they got the information.

There are many different but specific criteria that has to be met to actually "charge" someone with a crime.

Factors to determine if someone should be charged with endangering a disabled/elderly/child (as they all fall in the same category at least in Texas),

• Is the person totally unable to take care of themselves and the person that leaves has to make sure the "victim" is safe. That is most important. And if the answer is no, then obviously do not leave them and yes the "suspect" could be charged.
• Can the victim provide basic life necessities for themselves?
• How long is the suspect gone?
• Did the victim know the suspect was leaving, and was there any plans made in case of an emergency?

Common sense. If a person would/could get hurt/sick/injure themselves while unattended then there needs to be someone to assist the victim while the suspect is gone.

To charge someone with a crime, there has to be at least 1 of the 4 culpable mental states met.

INTENTIONALLY

KNOWINGLY

RECKLESSLY

NEGLIGENTLY

Did the suspect intentionally leave the victim, knowing something could happen and did the victim get injured?

Did the suspect knowingly leave the victim alone and knew something would happen to injure the victim?

Did the suspect act recklessly, thus resulting in the victim being left alone and an injury occurring?

Did the suspect act in such a way he was neglecting to provide the care for the victim, and did something happen?

It varies by state, and even departments in the same state, who will pursue charges. It depends on the severity of the situation and the severity of any injuries that occurred while the suspect was gone and the victim was alone, provided that the suspect is the primary care taker of the victim. There has to be evidence to show the suspects intentions. To run to the store and leave an elderly person home, who might wander away, but didn't, doesn't fit the criteria of a crime.

Now, if the suspect left the elderly person alone, and the victim can not take care of himself without the suspects help, and the suspect leaves him alone to go to the store to get beer, and the victim falls and is severely injured, yes, the suspect will be charged.

Same for a disabled person.

The thing to remember here people is USE COMMON SENSE! If you asked a group of 12 people would they do " what ever your question is" and the answer is no, than YOU should rethink before you act. I know sometimes accidents happen. Sometimes errands take longer than expected. But to charge someone with a crime, there has to be an intention of an act, and the actual act be illegal, and then add the culpable mental state.

Remember, each state and even each county has different variables to the law. Check out your state's penal code and code of criminal procedure to check out more information.

Answer 2

There are generally no specific laws prohibiting leaving an elderly person alone, but it can be considered neglect if they are unable to care for themselves or if their safety is compromised. It is important to assess the individual's physical and mental capabilities to determine if they can safely be left alone.