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Abuse of an Older or Impaired Adult

31 Del. C. § 3910 — anyone with reasonable cause reports, and exploiting $500 or more is a felony

A person, including a health care professional, with reasonable cause to believe an impaired or incapacitated adult needs protective services reports it to the Department. Privilege does not excuse the duty.

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An impaired adult is someone 18 or older whose physical or mental disability substantially impairs their ability to care for themselves.

Exploiting the adult's resourcesLevel
Exploiting the adult's resourcesLess than $500LevelClass A misdemeanor
Exploiting the adult's resources$500 or more but less than $5,000LevelClass G felony
Exploiting the adult's resources$5,000 or more but less than $10,000LevelClass E felony
Exploiting the adult's resources$10,000 or more but less than $50,000LevelClass D felony
Exploiting the adult's resources$50,000 or more, or a later convictionLevelClass C felony

Abuse or neglect is a class A misdemeanor, a class D felony when it causes bodily harm or permanent injury, and a class A felony when it causes death.

Bank employees have their own duty to flag suspected exploitation. A particular situation is a question for a licensed Delaware attorney.

Sources for this section (3)
  1. 31 Del. C. § 3910 — Duty to report
  2. 31 Del. C. § 3913 — Violations
  3. 31 Del. C. § 3902 — Definitions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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