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 Georgia, elder abuse is addressed under both state statutes and federal law. 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. In Georgia, elder abuse laws are codified in the Official Code of Georgia Annotated (O.C.G.A.) under Title 30, Chapter 5, which outlines protective services for disabled adults and elder persons. The state laws define elder abuse to include physical, emotional, sexual abuse, neglect, and financial exploitation. Georgia law mandates reporting of suspected elder abuse by certain professionals and allows for protective orders and the appointment of guardians or conservators to protect the interests of the elder person. Criminal penalties for elder abuse can range from misdemeanors to felonies, depending on the severity of the offense. Additionally, Georgia has specific provisions for abuse that occurs within institutional settings, such as nursing homes or long-term care facilities, under O.C.G.A. § 31-8-80 et seq., which includes the Bill of Rights for Residents of Long-Term Care Facilities. These laws are designed to protect vulnerable older adults from harm and to hold perpetrators accountable for their actions.