The Justice for Seniors Act (AJA), enacted on March 23, 2010 as part of the Patient Protection and Affordable Care Act (PPACA), was the first federal legislation passed to authorize a specific source of federal funding to address elder abuse, neglect and exploitation. Adult Protection Services (APS), similar to child protection services, ensure the safety, health and overall well-being of adults with special needs. APS, which is supported by state governments, serves all adults who are vulnerable to abuse or neglect or who are unable to care for themselves or protect themselves. This includes adults with disabilities of all ages, as well as the elderly. Elder abuse is the physical, sexual, psychological or financial exploitation or neglect of older adults who may not be able to defend themselves or take care of themselves. Perpetrators of elder abuse may be strangers, family members, caregivers or guardians appointed by a judge. As the size of the senior population increases, the incidence of elder abuse is expected to increase, placing an additional burden on social services, health care and criminal justice systems responsible for protecting this population. In developing and improving the programmes referred to in subparagraph (a), the State agency, in consultation with the regional authorities responsible for ageing, shall apply a comprehensive approach to identifying and assisting older persons exposed to abuse, neglect and exploitation, including older persons living in State-licensed institutions, unregistered establishments or domestic or community establishments. Most experts agree that elder abuse usually happens: if you believe your elderly loved one is being abused or neglected, you should report it. It is also necessary to remove them from the situation or environment in which the abuse takes place. Hire a lawyer after the report, as you need to gather evidence and start building a case to ensure that the person responsible for these actions is held accountable. A lawyer will understand what laws are in place to ensure justice is done.

Penalties for elder abuse vary considerably from state to state. Some states, such as Florida, have severe penalties for abusing and neglecting the elderly. The prevalence of elder abuse is difficult to calculate because it goes unreported, but according to the National Council on Aging, about 1 in 10 Americans aged 60 or older have experienced some form of abuse by older adults. Consumer website Comparitech estimates that 5 million cases of financial abuse of seniors occur each year in the United States, resulting in losses of $27.4 billion. Some variations on how states deal with elder abuse include: Although federal law does not specifically address elder abuse (although federal legislation funds the National Center on Elder Abuse, or NCEA), all 50 states and the District of Columbia offer APS programs for victims. Although seniors are generally defined as people aged 60 (or 65) and older, most laws dealing with elder abuse apply equally to adults of all ages and are similar to child abuse laws. States with a high proportion or large number of older adults often create stricter and more extensive laws and regulations to protect older adults from abuse. Penalties for elder abuse may also be harsher in these states.

(e) “eligible adult” means either a disabled adult between the ages of 18 and 59 or a person aged 60 or over who lives in a domestic situation and who is abused, neglected or financially exploited by another person, or who is abused or neglected himself. “Eligible adult” also includes an adult residing in one of the facilities excluded from the definition of “family status” in clauses (1) to (9) of paragraph (d) where, (i) the alleged abuse or neglect takes place outside the institution and not under the supervision of the institution and the accused is a family member; the caregiver or other person who has an ongoing relationship with the adult; or (ii) the alleged financial abuse is committed by a family member, caregiver or other person who has an ongoing relationship with the adult but is not an employee of the facility where the adult resides. The federal government has passed several laws to protect elderly U.S. citizens from exploitation, neglect, and abuse. However, those concerned about family abuse should look at elder abuse laws by state. While federal laws serve as the foundation for protecting older adults, state laws can vary widely in their definitions of elder abuse, additional protections and penalties, and more.