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 York State, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act (42 U.S.C. §1397j). New York's laws encompass various forms of elder abuse such as financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. Domestic elder abuse in New York refers to these abuses committed by someone in a close relationship with the elder, while institutional elder abuse occurs in facilities like nursing homes or assisted living facilities and is perpetrated by individuals who have a duty of care. New York State's Social Services Law, Penal Law, and Executive Law contain provisions for the protection of older adults, outlining the responsibilities of various state agencies and establishing criminal penalties for perpetrators of elder abuse. The state also has mandatory reporting requirements for certain professionals who suspect elder abuse. Additionally, the New York State Office for the Aging provides resources and support for elder abuse victims and works in collaboration with local agencies to address the issue.