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 Minnesota, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act (42 U.S.C. §1397j). State laws provide protections against various forms of elder abuse, such as financial exploitation, physical, emotional, sexual abuse, neglect, and abandonment. Minnesota Statutes specifically address elder abuse under sections such as the 'Minnesota Vulnerable Adults Act' (MN Statutes 626.557). This act defines a vulnerable adult, outlines the types of abuse, and establishes reporting requirements and penalties. Domestic elder abuse in Minnesota refers to abuse by someone in a close relationship with the elder, while institutional abuse occurs in facilities like nursing homes or assisted living, where staff have a duty of care. Penalties for elder abuse in Minnesota can include both civil and criminal consequences, depending on the severity and nature of the abuse. The state encourages reporting of suspected abuse through designated agencies and has systems in place for investigation and intervention to protect older adults.