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 West Virginia (WV), elder abuse is addressed through a combination of state statutes and federal law. State laws define and penalize various forms of elder abuse, including financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment. These laws apply to abuse committed in both domestic settings, by individuals such as family members or caregivers, and institutional settings, like nursing homes or assisted living facilities. West Virginia Code Chapter 61, Article 2, Section 29B specifically addresses the financial exploitation of an elderly person or incapacitated adult, imposing criminal penalties for such conduct. Additionally, the state has protective services for adults as outlined in Chapter 9, Article 6, which includes reporting requirements and the provision of services for adults in need of protection. On the federal level, the Elder Justice Act (42 U.S.C. §1397j) provides a framework for preventing, detecting, treating, and prosecuting elder abuse, as well as promoting elder justice. This act also establishes guidelines and support for states and institutions to improve their response to elder abuse.