Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:04

If, in the course of proceedings under G.L. c. 209A, the judge has reasonable cause to believe that a person over the age of sixty has been abused, an elder abuse report should be made to the Executive Office of Elder Affairs (EOEA) in accordance with G.L. c. 19A, § 15(a).

Domestic abuse may also constitute elder abuse under G.L. c. 19A, where the person abused is sixty years old or older. The definition of elder abuse includes “an act or omission which results in serious physical or emotional injury.” G.L. c. 19A, § 14.

Probation officers are “mandated reporters” of elder abuse under G.L. c. 19A, § 15, and should therefore be familiar with the filing process. Like a 51A report, it is not required that a mandated reporter file the report; anyone, including a clerk or victim witness advocate, can make the report where there is reasonable cause to believe that an elderly person is suffering from abuse.G.L. c. 19A, § 15(c). The Executive Office of Elder Affairs (EOEA), acting itself or through a designated agency, may provide protective services to an elderly person, including petitioning the Probate and Family Court for appointment of a conservator or guardian or for emergency protective services.

The disposition of such a c. 209A case should be compatible with whatever protective services are eventually provided through the EOEA.

In addition, a criminal action may be brought against an adult child under G.L. c. 273, § 20 for failure to provide support and maintenance for a parent. Support could be ordered as part of the disposition in such a case.