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 Iowa, elder abuse is addressed under several statutes that provide both civil and criminal penalties for various forms of abuse against older adults. The Iowa Code defines elder abuse and outlines the responsibilities of reporting and responding to such abuse. Financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment are all recognized forms of elder abuse. Iowa law mandates that certain professionals, such as healthcare workers and social workers, report suspected elder abuse to the Department of Human Services. Penalties for those convicted of elder abuse can range from protective orders and restitution to criminal charges with potential imprisonment. Additionally, Iowa's laws cover abuse in both domestic settings, where the abuser has a special relationship with the elder, and institutional settings, such as nursing homes or assisted living facilities, where the facility or its employees have an obligation to care for the elder. The federal Elder Justice Act complements state laws by providing additional resources for the prevention and response to elder abuse at a national level.