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INFORMATION ABOUT LAWS RELATED TO ELDER ABUSE
(Laws current as of 12/31/06)
Prepared by Lori Stiegel and Ellen Klem of the American Bar Association
Commission on Law and Aging (1) for the National Center on Elder Abuse (2)
Copyright © American Bar Association Commission on Law and Aging (2007) Research conducted on Westlaw compliments of West Group
Overview
This Web page provides background information about federal and state statutes related to elder abuse. It also provides the explanation to the Web page
Laws Related To Elder Abuse: Citations By State which summarizes state, District of Columbia, Guam, Puerto Rico, and the Virgin Islands statutes for three categories of laws:
• Adult protective services (APS)
• Institutional abuse, and
• Long term care ombudsman program (LTCOP).
These three categories are explained below. Criminal laws are also discussed briefly, although citations for them are not included. Unless otherwise indicated, this explanation uses “state” or “states” generically to include states, the District of Columbia, and the three territories listed above.
Although they were not included, other laws in a jurisdiction may provide remedies or authorize services for older abused persons. For example, a state’s domestic violence or family violence law may provide useful tools such as restraining orders, even if only in limited instances of elder abuse (i.e., physical abuse committed by a spouse or certain other persons included in the state’s law). State laws on guardianship/conservatorship and general or durable powers of attorney may be important in cases of elder abuse. Moreover, regulations and policies may supplement a state’s laws relating to elder abuse.
Below is a discussion of the resources that an individual can use to obtain copies of state statutes. Copies of other federal and state laws are NOT available from the National Center on Elder Abuse (NCEA) or the American Bar Association Commission on Law and Aging. The Web page
Laws Related To Elder Abuse: Citations By State contains available links to the law or to the state government Web pages.
This information is current as of the end of December 2006. Statutory citations do not change often, but there is always the possibility that a law will be revised and renumbered or even repealed. This information is provided to the NCEA and updated by the American Bar Association Commission on Law and Aging. If you are aware of changes or errors, please feel free to notify Lori Stiegel by e-mail at LStiegel@staff.abanet.org .
Links to the Three Categories of State Laws
Citations and links to the three categories of state laws can be found on the Web page
Laws Related To Elder Abuse: Citations By State . Many of the links will take you directly to the law itself. Others may direct you to the state government Web page. From there you will have to search to find the law. Many state government Web pages will allow you to search by statutory citation. Others however, may require you to browse through laws by title or chapter. For more information on searching for laws on the Internet see “Internet Search Tips” below.
Federal Law on Elder Abuse
Federal laws on child abuse and domestic violence fund services and shelters for victims, but there is no comparable federal law on elder abuse. The federal Older Americans Act (42 U.S.C. § 3001 et seq., as amended) provides definitions of elder abuse and authorizes the use of federal funds for the NCEA and for certain elder abuse awareness and coordination activities in states and local communities.
Adult Protective Services Laws
All fifty states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands have enacted legislation authorizing the provision of adult protective services (APS) in cases of elder abuse. Generally, these APS laws establish a system for the reporting and investigation of elder abuse and for the provision of social services to help the victim and ameliorate the abuse. In most states, these laws pertain to abused adults who have a disability, vulnerability, or impairment as defined by state law, not just to older persons. Some states, however, have distinct elder protective services laws or programs and this chart indicates those jurisdictions. These statutes vary widely in:
• The age at or circumstances under which a victim is eligible to receive protective services;
• The definition of abuse;
• Types of abuse, neglect and exploitation that are covered;
• Classification of the abuse as criminal or civil;
• Reporting (mandatory or voluntary);
• Investigation responsibility and procedures; and
• Remedies for abuse.
Other NCEA charts address some of these and other issues. Those charts are available on the Web page Analysis of State APS Laws .
Some state APS laws only relate to individuals who reside in the community (what is called “domestic abuse”), while other APS laws also include individuals who reside in long term care facilities (known as “institutional abuse”). States may define long term care facilities (LTCF) differently. Moreover, some states also include other types of institutions in their statutes, such as mental health facilities.
To view the APS laws for each state, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands, please visit
Laws Related To Elder Abuse: Citations By State .
Institutional Abuse Laws
In some states, APS investigates allegations of abuse, neglect or exploitation against individuals who reside in the community and a separate law addresses the investigation of abuse, neglect, or exploitation against individuals who live in long term care facilities or other institutions. There are also a few states in which there is no separate institutional abuse law, but the APS law provides that a state agency other than APS is responsible for receiving reports about and investigating institutional abuse.
To view the institutional abuse laws for each state, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands, please visit
Laws Related To Elder Abuse: Citations By State .
Long Term Care Ombudsman Program
Additionally, all states, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands have laws authorizing the Long Term Care Ombudsman Program (LTCOP), which is responsible for advocating on behalf of long term care facility residents who experience abuse or neglect, violations of their rights, or other problems. The LTCOP is mandated in each state as a condition of receiving federal funds under the Older Americans Act. LTCOPs are an integral part of the systemic response to elder abuse. LTCOPs may discover an abusive situation when responding to complaints within a facility and then, if appropriate, make a referral to an APS program or the agency responsible for investigating institutional abuse, a law enforcement agency, or the agency responsible for licensing and certifying such facilities. Moreover, in some states, the LTCOP actually fulfills the APS function and has the legal authority to investigate and respond to abuse occurring within long term care facilities.
To view the APS laws for each state, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands, please visit Laws Related To Elder Abuse: Citations By State .
Criminal Laws
An increasing number of states are passing laws that provide explicit criminal penalties for various forms of elder abuse. Legislatures are also signaling their intent that elder abuse be treated as a crime in other ways. For example, some APS laws include a provision stating that elder abuse may be prosecuted criminally, while others define certain acts (e.g., sexual abuse) in the same words or by reference to definitions that are used in the criminal laws.
Even if there is not a specific statute or provision authorizing criminal prosecution for elder abuse, a jurisdiction’s basic criminal laws (e.g., battery, assault, theft, fraud, rape, manslaughter, or murder) can be used to prosecute someone who has committed an act of abuse against an older person. Some legislatures have enacted enhanced penalties for certain crimes against older persons.
Other Relevant Laws
Other state laws may be pertinent in cases involving elder abuse, even though they are not cited in this document. Such laws include those addressing guardianship/conservatorship, general or durable powers of attorney, and domestic violence or family violence prevention.
Resources for Finding State Laws
A variety of resources exist that will enable you to research and obtain copies of state laws. Libraries and the Internet will be the most likely resources. For information and tips for conducting your own searches, please visit the Web page Find State Laws .
- The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association.
- This document was completed for the National Center on Elder Abuse and supported in part by a grant, No. 90AM2792, from the Administration on Aging, U.S. Department of Health and Human Services. Grantees undertaking projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official Administration on Aging policy.
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