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 Arkansas, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act (42 U.S.C. §1397j). Arkansas law defines elder abuse to encompass various forms such as financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. The state statutes specifically protect individuals who are older adults from abuse, whether it occurs in a domestic setting by someone with a special relationship to the elder, or in an institutional setting like a nursing home or assisted living facility. Arkansas Adult Protective Services (APS) is the designated agency to investigate reports of suspected elder abuse and provide protective services. The state imposes both civil and criminal penalties for perpetrators of elder abuse. Criminal penalties can range from misdemeanors to felonies, depending on the severity of the abuse. Additionally, mandatory reporting laws require certain professionals, such as healthcare providers and social workers, to report suspected abuse of older adults to APS or law enforcement. The federal Elder Justice Act complements state laws by providing additional resources for the prevention and detection of elder abuse and for the prosecution of abusers.