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 Utah, elder abuse is addressed under both federal and state laws. The federal Elder Justice Act, found at 42 U.S.C. §1397j, provides a framework for preventing and combating elder abuse, neglect, and exploitation on a national level. Under Utah state law, specifically the Utah Code, elder abuse can encompass financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. Utah's Adult Protective Services Act, found in Utah Code Ann. §62A-3-301 et seq., is designed to protect vulnerable adults from abuse, neglect, and exploitation. This includes provisions for reporting suspected abuse, investigation procedures, and protective orders. The law applies to abuse committed by someone in a special relationship with the elder, such as a family member or caregiver, as well as abuse occurring in institutional settings like nursing homes or assisted living facilities. Perpetrators can face civil and criminal penalties, including fines and imprisonment. Utah also has specific statutes that regulate the operation of residential facilities for older adults, ensuring a standard of care and protection against abuse.