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 Oregon, elder abuse is addressed under various statutes that provide both civil and criminal remedies. The state defines elder abuse to include physical harm, neglect, verbal or emotional abuse, sexual abuse, financial exploitation, and wrongful withholding of necessary and basic care. Oregon law mandates that certain professionals, such as healthcare providers and social workers, report suspected elder abuse. The state also has specific statutes that address abuse within domestic settings and in institutional environments like nursing homes or assisted living facilities. The Adult Protective Services (APS) within the Oregon Department of Human Services investigates reports of elder abuse. At the federal level, the Elder Justice Act (42 U.S.C. §1397j) provides additional resources for the prevention and response to elder abuse, including grants for Adult Protective Services and support for long-term care ombudsman programs. Penalties for elder abuse in Oregon can range from fines to imprisonment, depending on the severity of the offense.