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 South Carolina, elder abuse is addressed under both state statutes and federal law. The state's Adult Protection Act (South Carolina Code of Laws, Title 43, Chapters 35) outlines the definitions and provisions for the protection of vulnerable adults, including the elderly, from abuse, neglect, and exploitation. This includes financial, physical, emotional, sexual abuse, neglect, and abandonment, whether occurring domestically or institutionally. Perpetrators can include family members, caregivers, or staff of residential facilities. The law mandates reporting of suspected abuse and provides for investigations, protective services, and legal interventions. Penalties for those found guilty of elder abuse can range from fines to imprisonment, depending on the severity of the offense. Additionally, the federal Elder Justice Act (42 U.S.C. §1397j) supplements state laws by providing federal resources to prevent, detect, treat, understand, intervene in, and, where appropriate, prosecute elder abuse. The Act also emphasizes the importance of elder justice programs and supports activities to combat abuse at the national level.