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 Arizona, elder abuse is addressed under both federal and state laws. The federal Elder Justice Act (42 U.S.C. §1397j) provides a framework for preventing and combating elder abuse, neglect, and exploitation on a national level. At the state level, Arizona Revised Statutes (ARS) contain provisions specifically aimed at protecting older adults from abuse. Under ARS §46-451 et seq., elder abuse can include physical, emotional, or sexual abuse, neglect, exploitation, or abandonment. Arizona law mandates that certain professionals, such as doctors and social workers, report suspected elder abuse to the appropriate authorities. The state also imposes both civil and criminal penalties for perpetrators of elder abuse. In cases of domestic elder abuse, the law covers abuse by someone in a special relationship with the elder, such as family members or caregivers. Institutional elder abuse refers to abuse occurring in facilities like nursing homes or assisted living, and Arizona has specific regulations governing these facilities to ensure the safety and well-being of their residents. Penalties for elder abuse in Arizona can range from fines to imprisonment, depending on the severity of the offense.