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 New Mexico (NM), elder abuse is addressed through a combination of state statutes and federal law. The state's Adult Protective Services Act, found in Chapter 27 of the New Mexico Statutes, outlines the definitions, reporting requirements, and protective services for adults aged 18 and older who are unable to protect themselves from abuse, neglect, or exploitation. This includes financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. The law applies to abuse committed by someone in a special relationship with the elder, such as a family member or caregiver, as well as abuse occurring in institutional settings like nursing facilities or assisted living homes. Mandatory reporting laws require certain professionals to report suspected elder abuse to the appropriate authorities. At the federal level, the Elder Justice Act provides additional protections and establishes programs to prevent elder abuse and promote elder justice. This act is part of the broader Affordable Care Act and provides for coordination of elder abuse detection and prevention efforts at the federal, state, and local levels. Penalties for elder abuse in New Mexico can include both civil and criminal consequences, depending on the severity and nature of the abuse.