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 Ohio, elder abuse is addressed under various statutes that provide both civil and criminal penalties for offenses against older adults. Ohio Revised Code (ORC) Chapter 5101.60-5101.71, for example, outlines the definitions and reporting requirements for elder abuse, neglect, and exploitation. The law mandates reporting of suspected abuse by certain professionals and provides for Adult Protective Services to investigate and intervene. Financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment are all recognized forms of elder abuse under Ohio law. Domestic elder abuse involves perpetrators who have a special relationship with the elder, such as family members or caregivers, while institutional elder abuse occurs in facilities like nursing homes or assisted living centers, often by staff members. At the federal level, the Elder Justice Act (42 U.S.C. §1397j) provides additional protections, funding, and guidelines to prevent and combat elder abuse nationwide. This act supports state efforts by offering resources for elder abuse prevention and detection, and it emphasizes the importance of collaboration between federal, state, and local authorities to protect the elderly.