4th degree vulnerable adult abuse in Michigan is a misdemeanor, punishable by up 1 year in jail, a $1,000 fine, or both. MCL 750.145n(4)
What is Fourth Degree Vulnerable Adult Abuse?
A caregiver or other person with authority is guilty of this crime where the person’s reckless act or reckless failure to act causes physical harm to a vulnerable adult, or if the caregiver or other person with authority knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results
A caregiver is someone who directly cares for or has physical custody of a vulnerable adult.
Who is a Vulnerable Adult?
A vulnerable adult is
- An individual age 18 or over who because of age, developmental disability, mental illness or physical handicap requires supervision or personal care or lacks the personal and social skills required to live independently, or
- A person 18 years of age or older who is placed in an adult foster care family home or an adult foster care small group home, or
- A person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or being exploited.
What Does Physical Harm Mean?
Physical harm is any injury to a vulnerable adult’s physical condition.
What Does Reckless Act or Reckless Failure to Act Mean?
A reckless act or reckless failure to act demonstrates a deliberate disregard of the likelihood that the natural tendency of the act or failure to act is to cause serious physical harm or serious mental harm.
Matter of Degrees
This article discusses fourth degree vulnerable adult abuse, the least serious of all the degrees of vulnerable adult abuse. There are four different vulnerable adult crimes, varying in seriousness of act and punishment by degrees. These include
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