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 Washington State, elder abuse is addressed through a combination of state statutes and federal law, including the federal Elder Justice Act (42 U.S.C. §1397j). Washington State law defines elder abuse broadly to include financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. The state's laws protect older adults in both domestic settings, where the abuser may be a family member or caregiver, and institutional settings, such as nursing homes or assisted living facilities. Perpetrators in institutional settings often have a legal or contractual obligation to care for the elder. Washington State's legal framework provides for both civil and criminal penalties for those found guilty of elder abuse. The state's Adult Protective Services (APS) and long-term care ombudsman programs play key roles in investigating reports of elder abuse and providing assistance to victims. Attorneys specializing in elder law can provide guidance on the specifics of Washington State's elder abuse laws and the rights and protections afforded to older adults.