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 Massachusetts, elder abuse is addressed through a combination of state statutes and federal law, including the federal Elder Justice Act (42 U.S.C. §1397j). State laws provide protections against various forms of elder abuse, such as financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. Massachusetts General Laws Chapter 19A, Sections 14-26, outline the responsibilities of the Executive Office of Elder Affairs, including the reporting and investigation of elder abuse. The law mandates that certain professionals, known as mandated reporters, must report suspected elder abuse to the Department of Elder Affairs. The state also has specific statutes that address abuse in institutional settings, providing additional protections for elders residing in facilities like nursing homes or assisted living facilities. Criminal penalties for elder abuse can range from fines to imprisonment, depending on the severity of the offense. Civil remedies may also be available to victims, including restraining orders and financial compensation. It's important for individuals to understand that both domestic and institutional elder abuse are taken seriously in Massachusetts, and there are legal avenues to address and prevent such abuse.