Elder Abuse in New Hampshire: Penalties, Reporting, and Orders

Elder abuse in New Hampshire is a crime, and the state defines “elderly adult” broadly: anyone 60 or older is covered, along with disabled adults and those whose mental impairment leaves them unable to protect themselves.¹ Physical harm, neglect, and financial exploitation can each be prosecuted, victims can sue for damages, and every person in the state — not just doctors and social workers — is legally required to report suspected abuse.

Who the Law Protects

RSA 631:8 through 631:10 cover three groups: adults 60 and older, disabled adults, and adults whose mental impairment prevents them from managing their own affairs.¹ The 60-year threshold is lower than many people assume. A person doesn’t need to be frail, cognitively impaired, or living in a care facility for the elder-abuse statutes to apply. If a relative drains a 60-year-old’s bank account through pressure or deception, the financial exploitation statute reaches that conduct.

What Counts as Elder Abuse

Physical Abuse

Physical abuse is prosecuted under New Hampshire’s general assault statutes, with penalties scaled to the injury. Simple assault — shoving, slapping, striking without serious injury — is a Class A misdemeanor. First-degree assault, which covers purposeful serious bodily injury or use of a deadly weapon, is a Class A felony.² When the abuser is a spouse, household member, or intimate partner, the domestic violence statute in RSA 631:2-b can also apply, elevating the offense to a Class B felony where a deadly weapon is used or threatened.³

Financial Exploitation

Financial exploitation has its own statute. RSA 631:9 makes it a crime to misuse an older adult’s money, property, or financial resources through a breach of fiduciary duty, coercion, harassment, or undue influence.⁴ That language covers a wide range of conduct: a power-of-attorney agent siphoning funds, a relative pressuring a confused parent to sign over property, a caregiver treating a joint account as personal spending money, or a fiduciary who fails to use available resources to pay for the elder’s food, shelter, or medical care.

Power-of-attorney abuse is a common flavor of this. An agent must act in the principal’s best interest, keep personal funds separate, keep records, and stay within the authority the document grants. Gifts from the elder’s assets are not permitted unless the document specifically authorizes them. Warning signs include unexplained cash withdrawals, changed beneficiary designations, refusal to share statements with other family members, and unpaid bills despite adequate resources.

Neglect

Caregiver neglect can be prosecuted under RSA 639:3, which makes it a crime to knowingly endanger the welfare of an incompetent person by violating a duty of care, protection, or support.⁵ The statute reaches situations where an older adult cannot obtain food, medication, or basic care on their own and the person responsible for providing those things fails to do so.

Self-neglect is not a crime, but it can still trigger a protective-services investigation. If an older adult living alone is unable to care for themselves, a report to the state can bring in services rather than charges.

Criminal Penalties

Simple assault as a Class A misdemeanor carries up to one year in jail and a fine of up to $2,000. First-degree assault as a Class A felony carries up to 15 years in prison, and the court can set a minimum of up to half that maximum.⁶

Financial exploitation penalties are tiered by the amount involved, under RSA 631:10:⁷

$1,500 or more: Class A felony, up to 15 years in prison.
$1,000 to $1,499: Class B felony, up to 7 years in prison.
Under $1,000: misdemeanor, up to one year in jail.

Courts must also order the convicted person to pay full restitution to the victim or the victim’s estate.⁷ Restitution is mandatory, but collecting it is a separate fight, because exploiters often spend what they take.

When neglect causes death, homicide charges apply. Negligent homicide is a Class B felony carrying up to 7 years.⁸ Manslaughter, which requires a higher degree of recklessness, carries up to 30 years.⁹

Who Has to Report, and How

New Hampshire’s reporting duty is universal. Under RSA 161-F:46, every person who has reason to believe that a vulnerable adult has been abused, neglected, or exploited must report it.¹⁰ This isn’t limited to doctors, nurses, or social workers. Neighbors, family members, bank tellers, and mail carriers all fall within it.

Reports go to the Bureau of Elderly and Adult Services (BEAS) at 1-800-949-0470 during business hours. After hours, on weekends, and on holidays, call the local police department where the suspected abuse is happening.¹¹ An oral report must be made immediately, with a written report to follow if BEAS asks for one.¹⁰

You don’t need proof. A reasonable suspicion is enough. Anyone who reports in good faith is immune from civil and criminal liability, even if the investigation clears the person named. Knowingly failing to report when you have reason to suspect abuse is itself a misdemeanor.¹²

Healthcare workers sometimes hesitate over HIPAA. They shouldn’t. Federal regulations at 45 CFR 164.512(c) allow covered entities to disclose protected health information to authorities receiving abuse reports, and because New Hampshire’s statute requires the report, HIPAA is not a barrier.¹³

Protective Orders

When the abuser is a family member, household member, or intimate partner, a New Hampshire court can issue a protective order under RSA 173-B. Orders can prohibit contact, remove the abuser from the victim’s home, and restrict access to shared financial accounts.¹⁴ Emergency orders can be issued without the alleged abuser present when there is an immediate risk of harm. If the elder cannot petition on their own, a guardian or advocate can file.

An initial order lasts up to one year. The court can extend it another year on a showing of good cause, and subsequent extensions can run up to five years each.¹⁵ Violating a protective order is a Class A misdemeanor.¹⁶

One boundary worth knowing: RSA 173-B requires a family, household, or intimate-partner relationship between victim and abuser. A hired caregiver from an outside agency generally falls outside that definition, so a different route — criminal prosecution or a stalking order — would be the tool in that situation.

Civil Lawsuits

Criminal charges punish the abuser. A civil lawsuit is how the victim recovers money. An elder who has been abused, neglected, or financially exploited can sue for medical expenses, pain and suffering, emotional distress, and the value of stolen assets, on theories of negligence, breach of fiduciary duty, or intentional wrongdoing. Courts can award both compensatory and punitive damages where the conduct was egregious. RSA 631:9 defines the exploitation conduct that supports both criminal charges and a civil claim.⁴

Nursing homes and assisted living facilities can be sued for negligence when staff abuse or neglect residents and the facility failed to supervise, screen, or train employees. A judgment is one thing; collecting is another, so an early conversation with an attorney about the defendant’s likely ability to pay is worth having.

Where to Turn for Help

The Bureau of Elderly and Adult Services is the state’s Adult Protective Services agency. BEAS investigates reports by interviewing victims, reviewing financial and medical records, and coordinating with law enforcement where a crime may have occurred.¹¹ BEAS also connects victims with legal help, healthcare referrals, and social services, and can petition the court for guardianship when an older adult cannot make safe decisions for themselves.

For complaints about care inside a nursing home or assisted living facility, New Hampshire’s Long-Term Care Ombudsman investigates resident concerns.¹⁷ The ombudsman handles issues that may not rise to criminal abuse but still matter: inadequate food, unsanitary conditions, ignored care plans. Trained volunteers also make regular visits to facilities to catch problems early.

For complex cases, particularly large-scale financial exploitation, the New Hampshire Attorney General’s office runs an Elder Abuse and Financial Exploitation Unit that investigates and prosecutes.¹¹ If you suspect a power-of-attorney agent is exploiting an elder, report it to BEAS and consider speaking with an attorney about petitioning the court to revoke the power of attorney or appoint a guardian.

1
New Hampshire General Court. New Hampshire Code 631:8 – Criminal Neglect of Elderly, Disabled, or Impaired Adults
2
New Hampshire General Court. New Hampshire Code 631:1 – First Degree Assault
3
New Hampshire General Court. New Hampshire Code 631:2-b – Domestic Violence
4
New Hampshire General Court. New Hampshire Code 631:9 – Financial Exploitation of an Elderly, Disabled, or Impaired Adult
5
New Hampshire General Court. New Hampshire Code 639:3 – Endangering Welfare of Child or Incompetent
6
New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations
7
New Hampshire General Court. New Hampshire Code 631:10 – Penalties
8
New Hampshire General Court. New Hampshire Code 630:3 – Negligent Homicide
9
New Hampshire General Court. New Hampshire Code 630:2 – Manslaughter
10
New Hampshire General Court. New Hampshire Code 161-F:46 – Reports of Adult Abuse; Investigations
11
New Hampshire Department of Justice. Elder Abuse and Financial Exploitation Unit
12
New Hampshire Department of Health and Human Services. New Hampshire Code 161-F:42-57 – Protective Services to Adults
13
eCFR. 45 CFR 164.512 – Uses and Disclosures for Which an Authorization or Opportunity to Agree or Object Is Not Required
14
New Hampshire Judicial Branch. Orders of Protection and Restraining Orders
15
New Hampshire General Court. New Hampshire Code 173-B:5 – Relief
16
New Hampshire General Court. New Hampshire Code 173-B:9 – Violation of Protective Order
17
New Hampshire Department of Health and Human Services. Long-Term Care Ombudsman