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 Louisiana (LA), elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act. State laws in Louisiana define elder abuse broadly to include physical, emotional, sexual abuse, neglect, financial exploitation, and abandonment. The Louisiana Revised Statutes (LRS) particularly address elder abuse in Title 14 (Criminal Law), Title 15 (Criminal Procedure), and Title 46 (Public Welfare and Assistance). These statutes outline the responsibilities of individuals and institutions, as well as the penalties for committing elder abuse. For example, LRS 14:403.2 specifically criminalizes the exploitation of the infirm, which includes the elderly, and provides for both criminal penalties and civil remedies. Additionally, mandatory reporting laws require certain professionals to report suspected elder abuse to authorities. At the federal level, the Elder Justice Act provides for the coordination of elder abuse detection and prevention programs and establishes certain reporting requirements for long-term care facilities. It also enhances the penalties for crimes against the elderly and provides funding for elder abuse prevention programs and research.