Both the federal government and state governments have enacted laws (statutes) that provide civil and criminal penalties for the abuse, neglect, and exploitation of older adults. Elder abuse may take many forms, including (1) financial or material exploitation; (2) physical abuse; (3) emotional or psychological abuse; (4) sexual abuse; (5) neglect; and (6) abandonment.
Domestic elder abuse generally refers to any of these types of abuse when committed by someone with whom the elder has a special relationship—such as a spouse, sibling, child, friend, or caregiver.
Institutional elder abuse generally refers to any of these types of abuse occurring in residential facilities—such as a nursing facility, assisted living facility, group home, board and care facility, or foster home—and is usually perpetrated by someone with a legal or contractual obligation to provide some element of care or protection.
Elder abuse laws vary from state to state and are usually located in a state’s statutes. The federal Elder Justice Act is located in the United States Code beginning at 42 U.S.C. §1397j.
In Alabama, elder abuse is addressed under various statutes that provide both civil and criminal penalties for offenses against older adults. The state's Protecting Alabama's Elders Act encompasses a range of abuses including financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. This law applies to both domestic settings, where the abuser may have a special relationship with the elder, and institutional settings, such as nursing homes or assisted living facilities, where the abuser has a legal or contractual obligation to care for the elder. The Alabama Department of Human Resources is tasked with investigating reports of elder abuse. At the federal level, the Elder Justice Act (42 U.S.C. §1397j) provides additional protections and resources for combating elder abuse nationwide. It is important for individuals in Alabama to be aware of these laws and to report any suspicions of elder abuse to the appropriate authorities.