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 North Carolina, elder abuse is addressed under various statutes that provide both civil and criminal penalties for offenses against older adults. The state defines elder abuse to include financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. North Carolina General Statutes (NCGS) Chapter 108A, Article 6, specifically addresses the protection of disabled and older adults, outlining the responsibilities of reporting suspected abuse and the procedures for investigation and intervention. Domestic elder abuse in NC refers to abuse by someone in a special relationship with the elder, such as family or caregivers, while institutional abuse pertains to abuse within facilities like nursing homes or assisted living. Perpetrators can face criminal charges ranging from misdemeanors to felonies, depending on the severity of the abuse. Additionally, the federal Elder Justice Act provides a framework for reporting and combating elder abuse nationwide, offering additional resources and support for state enforcement.