Elder Abuse in Tennessee: Reporting, Penalties, and Lawsuits

Elder abuse laws in Tennessee run through two tracks. The Adult Protection Act (Title 71, Chapter 6) sets up civil protections and the state’s reporting system, while the criminal code (Title 39, Chapter 15, Part 5) makes abuse, neglect, and financial exploitation of older and vulnerable adults a felony in most cases. Every Tennessean who suspects abuse is legally required to report it, and abusers can face prison, civil damages, and court orders barring contact with the victim.

What Counts as Elder Abuse in Tennessee

Tennessee recognizes several distinct forms of mistreatment. Physical abuse is a caregiver inflicting bodily pain or injury. Neglect is a caregiver failing to provide food, shelter, or medical care, or creating conditions that prevent the adult from getting those things on their own. Self-neglect applies when an adult cannot care for themselves without help.¹

Financial exploitation is defined more broadly under the criminal code than under the Adult Protection Act. The criminal statute reaches the use of deception, intimidation, or undue influence to take control of an elderly or vulnerable person’s property; a breach of fiduciary duty by a guardian or power of attorney holder; and obtaining property without giving fair value in return.² The narrower Adult Protection Act definition of exploitation focuses on a caretaker’s misuse of government-paid funds such as diverted Social Security or Medicaid payments.¹

Confinement is treated as a separate offense. It means knowingly and unreasonably restricting an elderly or vulnerable person’s movement: locking them in a room, involuntarily separating them from their living area, using physical restraints, or giving unnecessary medications to control behavior. Licensed care facilities that follow state and federal restraint standards are exempt.²

Warning signs that often prompt reports include unexplained large withdrawals from bank accounts, sudden financial changes, missing cash or valuables, a spike in sweepstakes or solicitation mail, and living conditions that decline even though the adult has adequate income.³

Who the Laws Protect

The two statutory schemes use different age thresholds, and the difference can matter.

Under the Adult Protection Act, “advanced age” means 60 or older. An “adult” eligible for protective services is anyone 18 or older who, because of a physical or mental limitation or advanced age, cannot manage their daily needs or protect themselves from harm and has no one willing and able to help.¹

The criminal code sets a higher age bar. An “elderly adult” is someone 70 or older. A “vulnerable adult” is anyone 18 or older whose physical or mental condition leaves them unable to protect themselves from abuse, neglect, or exploitation.² A healthy 65-year-old qualifies for Adult Protective Services involvement but would need a specific vulnerability before the criminal elder abuse statutes apply.

Who Counts as a Caregiver

Many of these offenses only apply when the person accused is a “caregiver” or “caretaker.” That includes anyone who agreed by contract to provide care; a parent, spouse, adult child, or other relative who lives with or regularly visits the person and knows about their limitations; and anyone living in the adult’s home who has taken on caregiving duties.¹ The criminal code adds a category the civil statute does not: a dating or romantic partner of someone with a legal duty to provide care, if that partner lives with or has regular contact with the elderly or vulnerable adult.² Banks and financial institutions are excluded unless they hold a formal trustee agreement or court appointment.

How to Report Suspected Abuse

Tennessee is a universal mandatory reporting state. If you have reasonable cause to suspect that an adult has been abused, neglected, or exploited, you are required to report it. The duty is not limited to doctors, nurses, or social workers. It applies even if the adult has died.⁴

Reports go to the Tennessee Department of Human Services, which runs Adult Protective Services. Submit online at OneDHS.tn.gov/csp (no login required) or call the 24/7 hotline at 1-888-277-8366. Each online report gets a reference number for tracking.⁵ Online reports can take up to one business day to process, so if someone is in immediate danger, call 911 first, then follow up with APS.

Provide as much of the following as you know: the adult’s name, address, and age; the name and address of anyone responsible for their care; the nature and extent of the suspected abuse, including any prior mistreatment; the identity of the suspected abuser; and your own contact information if you are willing to give it.⁴ You can also report anonymously.⁵ After screening, APS assigns a priority level that governs how quickly an investigator must make face-to-face contact with the alleged victim.⁶

Protections for People Who Report

Anyone who files a report or participates in an investigation is presumed to be acting in good faith and has immunity from civil and criminal liability, including in any judicial proceedings that follow. If an employer retaliates against you for reporting, the statute gives you a separate civil cause of action for compensatory and punitive damages.⁷

Reporter identity is confidential and cannot be disclosed except by court order for good cause, or when APS shares its file with law enforcement or a district attorney for criminal prosecution.⁸

Failing to make reasonable efforts to report is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, a fine up to $2,500, or both.⁹¹⁰

Criminal Penalties for Abusers

Most elder abuse offenses in Tennessee are felonies, and the classification climbs when the victim is a vulnerable adult rather than only elderly.

A caregiver who knowingly neglects an elderly adult (70 or older) in a way that harms their health or welfare commits a Class E felony. The same conduct against a vulnerable adult of any age is a Class D felony. Neglect that involves abandonment or confinement without physical injury is a Class A misdemeanor.¹¹

Financial exploitation is prosecuted as theft, but one classification higher than ordinary theft for the same dollar amount. Because Tennessee’s theft penalties are tiered by property value, that enhancement can push conduct that would otherwise be a misdemeanor into felony territory. A breach of fiduciary duty by a guardian or power of attorney holder falls squarely within the statute.¹²

Civil Lawsuits and Damages

Criminal charges are not the only route. An elderly person or disabled adult can bring a civil action in their own name, or through a conservator or “next friend,” seeking damages for abuse, neglect, sexual exploitation, or theft of money or property through fraud, deception, or coercion.¹³

Recoverable damages include compensatory awards plus reasonable expenses and attorney fees. Courts can also impose punitive damages under common law standards when the defendant’s conduct warrants it.¹³ Attorney fee recovery makes these cases economically feasible for lawyers to take even when the stolen assets were modest.

Orders of Protection

Several people can petition a court for a protective order on behalf of an elderly or vulnerable adult: a relative, a conservator, an agent or employee of the Tennessee Commission on Aging and Disability, or an attorney ad litem. The petition must be sworn and must allege that the adult has been subjected to, or threatened with, criminal abuse, neglect, or financial exploitation. The adult can also file on their own behalf.

In emergencies, a law enforcement officer responding to an incident can seek an ex parte protective order if the officer has reasonable grounds to believe the adult is in immediate danger and the adult either consents in writing or lacks the capacity to consent. Orders can direct the abuser to stop harmful conduct, refrain from misappropriating money or property, and return funds or assets already taken.

Abuse in Nursing Homes and Licensed Facilities

Licensed healthcare facilities operate under an extra layer of accountability. Tennessee law prohibits any willful abuse or neglect of residents and uses the same definitions as the Adult Protection Act. Facilities that violate these standards face civil monetary penalties from state licensing authorities.¹⁴

Physical and chemical restraints are tightly regulated. Restraints require a written physician’s order for a limited time period, standing orders are prohibited, and locked restraints are banned entirely. Patients under restraint must be checked every 30 minutes and released every two hours for repositioning and exercise.¹⁴ If you suspect a family member in a care facility is being improperly restrained or sedated, that conduct is reportable under both the licensing statutes and the Adult Protection Act.

1
Justia. Tennessee Code 71-6-102 – Part Definitions
2
Justia. Tennessee Code 39-15-501 – Part Definitions
3
Tennessee Department of Commerce & Insurance. Elder Abuse Awareness Resources
4
Justia. Tennessee Code 71-6-103 – Rules and Regulations – Reports of Abuse or Neglect
5
Tennessee Department of Human Services. Adult Protective Services
6
Tennessee Department of Human Services. APS Policy Manual – Assignment Response Categories
7
Tennessee Department of Human Services. Tennessee Code 71-6-105 – Reports and Investigations; Privileges and Immunities
8
Justia. Tennessee Code 71-6-118 – Confidentiality of Records and Reports
9
Justia. Tennessee Code 39-15-509 – Report of Abuse, Sexual Abuse
10
Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Misdemeanors
11
Justia. Tennessee Code 39-15-507 – Offense of Neglect of Elderly or Vulnerable Adult
12
FindLaw. Tennessee Code 39-15-502 – Financial Exploitation of Elderly or Vulnerable Adult
13
Justia. Tennessee Code 71-6-120 – Right of Elderly Person or Disabled Adult to Bring Action
14
Justia. Tennessee Code 68-11-803 – Type B Civil Monetary Penalties