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 Tennessee, elder abuse is addressed through a combination of state statutes and federal law, including the Elder Justice Act (42 U.S.C. §1397j). State laws define elder abuse to encompass financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. Tennessee Code Annotated (T.C.A.) § 71-6-101 et seq. outlines the Adult Protection Act, which includes provisions for the reporting, investigation, and prosecution of elder abuse. This act applies to both domestic elder abuse, which occurs in a home setting, and institutional elder abuse, which occurs in facilities such as nursing homes or assisted living facilities. Mandatory reporting laws require certain professionals and individuals to report suspected elder abuse to the appropriate authorities. Criminal penalties for elder abuse in Tennessee can range from misdemeanors to felonies, depending on the severity of the abuse. Additionally, victims of elder abuse may seek civil remedies, including compensatory and punitive damages. The Tennessee Department of Human Services' Adult Protective Services division is responsible for investigating reports of elder abuse and taking action to protect vulnerable adults.