Varying Definitions of “Elderly” Under Tennessee Law
In Tennessee, the definition of "elderly" is not uniform, but rather dependent on specific laws and programs. This can lead to confusion when determining eligibility for services or legal protections.
Elder Abuse and Financial Exploitation
Age definitions for elder abuse vary. Under the Elderly and Vulnerable Adult Financial Exploitation Prevention Act, an "elderly adult" is 65 or older. However, certain criminal statutes define an "elderly adult" as 70 or older. The Tennessee Adult Protection Act uses "advanced age" of 60 or older. These differences impact the application of legal protections.
State Programs and Assistance
State programs often use a lower age threshold. The Tennessee Commission on Aging and Disability (TCAD) and Area Agencies on Aging and Disability (AAADs) primarily serve individuals 60 and over, providing services like Home and Community Based Services (HCBS), nutrition, transportation, and caregiver support. The TennCare CHOICES program for long-term care is available to seniors age 65 and older, provided they meet medical and financial criteria.
Comparison: Age-Based Definitions in Tennessee
This table highlights the different age requirements under various state programs and laws:
| Program or Law | Definition of "Elderly" / Age Requirement | What it Governs |
|---|---|---|
| Tennessee Adult Protection Act (TPA Act) | Advanced age of 60 years or older | Elder abuse, neglect, and exploitation |
| Tennessee Code § 39-15-501 (Crimes) | Elderly adult is 70 years of age or older | Criminal offenses like abuse, neglect, and exploitation |
| Elderly and Vulnerable Adult Financial Exploitation Prevention Act | Elderly adult is 65 years of age or older | Enhanced penalties for financial exploitation |
| TCAD Programs (e.g., Home-Delivered Meals) | Generally 60 years of age or older | Broad range of supportive services via AAADs |
| TennCare CHOICES (Long-Term Services) | 65 years of age or older | Home, community, and nursing facility care options |
| Senior Citizen Property Tax Relief | 65 years of age or older | Qualification for property tax assistance based on income |
The “Vulnerable Adult” Distinction
Tennessee law also defines a "vulnerable adult" as anyone 18 or older with a physical or mental dysfunction preventing them from managing resources or protecting themselves. This offers protection regardless of age if the individual meets this criteria. Adult Protective Services investigates reports for both elderly and vulnerable adults.
Conclusion: Navigating the Complexities
The age considered elderly in Tennessee varies based on the specific legal or programmatic context, ranging from 60 to 70. Understanding these different definitions is crucial for accessing resources and protections. For assistance, contact the Department of Disability and Aging or a local AAAD.
What to Do If You Suspect Elder Abuse or Financial Exploitation
Report suspected abuse of elderly (over 60) or vulnerable (over 18 with disability) adults to Adult Protective Services. Call 911 for emergencies. Gather details and report anonymously if desired. For legal questions, the Senior Legal Helpline offers free counsel.
Understanding Tennessee's nuanced definitions helps ensure the well-being of its older residents.