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 Kansas, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act (42 U.S.C. §1397j). Kansas statutes define elder abuse to encompass various forms such as financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. The state laws apply to 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 abuse is committed by individuals with a contractual duty to care for the elder. Kansas Adult Protective Services (APS) is responsible for investigating reports of elder abuse and taking appropriate action. Criminal and civil penalties for perpetrators of elder abuse in Kansas can include fines, imprisonment, and orders for restitution. The state encourages reporting of elder abuse by providing certain protections for reporters and mandates reporting by certain professionals. The federal Elder Justice Act complements state laws by providing additional resources for the prevention and detection of elder abuse and for the support of victims.