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 Mississippi, elder abuse is addressed through various statutes that provide both civil and criminal penalties for offenses against older adults. The Mississippi Vulnerable Adults Act (Miss. Code Ann. § 43-47-1 et seq.) is the primary state law that protects vulnerable adults, including the elderly, from abuse, neglect, and exploitation. This law defines different forms of abuse, including physical, emotional, sexual, and financial exploitation, and outlines the responsibilities of individuals and institutions in reporting and investigating allegations of abuse. Penalties for those found guilty of elder abuse can range from fines to imprisonment, depending on the severity of the offense. Additionally, the federal Elder Justice Act (42 U.S.C. § 1397j et seq.) complements state law by providing federal resources to prevent, detect, treat, understand, intervene in, and, where appropriate, prosecute elder abuse. The Act also mandates reporting requirements for long-term care facilities that receive federal funding. Together, these laws aim to protect older adults from abuse in both domestic and institutional settings.