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 Maryland, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act. Maryland law defines elder abuse broadly to include physical, emotional, sexual abuse, neglect, financial exploitation, and abandonment. The state's Adult Protective Services (APS) within the Department of Human Services is responsible for investigating reports of elder abuse and providing services to prevent further harm. Maryland's Criminal Law Article prohibits abuse or neglect of a vulnerable adult, with penalties ranging from misdemeanors to felonies depending on the severity of the offense. Additionally, the state has specific provisions for the licensing and regulation of long-term care facilities to prevent institutional elder abuse. These facilities are subject to oversight by the Maryland Department of Health, which enforces standards to protect residents from abuse and neglect. The federal Elder Justice Act complements state law by providing additional resources for the prevention and detection of elder abuse and establishing reporting requirements for certain types of institutions.