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 Maine, elder abuse is addressed through a combination of state statutes and federal law, including the federal Elder Justice Act (42 U.S.C. §1397j). Maine's 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 someone with a care or protection obligation. Maine's Adult Protective Services Act (22 M.R.S. §§ 3470-3493) outlines the responsibilities for reporting and investigating elder abuse and provides for both civil and criminal penalties for perpetrators. The state takes a strong stance against elder abuse, with mandatory reporting requirements for suspected abuse and protective services designed to intervene and support the victims.