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 Illinois, elder abuse is addressed under the Elder Abuse and Neglect Act (210 ILCS 30/), which defines elder abuse to include physical, sexual, and emotional abuse, confinement, passive neglect, willful deprivation, and financial exploitation of an individual aged 60 and older. The Act mandates reporting of suspected abuse by certain professionals and allows for investigations by Adult Protective Services. Penalties for elder abuse can range from misdemeanors to felonies, depending on the severity of the offense. Additionally, the Illinois Domestic Violence Act of 1986 includes protections for older adults against abuse by family or household members. At the federal level, the Elder Justice Act provides for the coordination of elder abuse detection and prevention programs and supports services for victims. It also enhances the response to elder abuse through various initiatives and grants for state Adult Protective Services. Both state and federal laws aim to protect older adults from abuse, whether it occurs in domestic settings or institutional environments.