State Elder Abuse Laws

State Elder Abuse Laws

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State laws relevant to elder abuse cases

The federal government and states, the District of Columbia, and some territories all have laws to protect older adults from physical abuse, neglect, financial exploitation, psychological abuse, sexual abuse, and abandonment. On this page you will find different types of state laws related to elder abuse.



State Law Topics

Civil Elder Abuse Laws

Civil & Criminal Financial Exploitation Laws

Compilation of State Laws and Guides

Mandatory Reporting

Alternative Charges 

 

Guardianship

Power of Attorney

Native American Elder Abuse

Financial Crimes Against the Elderly
Legislative Activity 
 


Civil Elder Abuse Laws

Civil elder abuse laws guide the practice of adult protective services agencies, the entity in each state designed to receive and respond to reports of elder abuse. The National Center on Elder Abuse (NCEA) outlines civil elder abuse laws by state.


Civil & Criminal Financial Exploitation Laws

Civil financial exploitation laws are typically part of the larger body of adult protective services laws and determine, among other things, who is eligible for protection. Financial exploitation is a criminal offense in many, but not all, states. States vary in how they define financial exploitation and what penalties are associated with the offense.  The Department of Justice, Elder Justice Initiative (EJI) maintains a database of Civil and Criminal Financial Exploitation Laws.
 

 

Compilation of State Laws and Guides

Stetson University College of Law maintains links to relevant state statutes and guides to accessing them.

 

Mandatory Reporting

Mandatory reporting laws (in all states except New York) require certain groups to tell designated authorities about reasonable suspicions of elder abuse. 
 

  • Mandatory Reporting Laws
    Scroll down the page and click "Guide on U.S. State and Territory Mandatory Reporting Status and Statutes"


National Indigenous Elder Justice 

Indigenous peoples are sovereign and therefore are governed by different sets of laws. A list of laws specific to Native Americans is maintained by The National Indigenous Elder Justice Initiative.


Financial Crimes Against the Elderly Legislative Activity

The National Conference of State Legislatures annually compiles new legislative activity (proposed or passed) specifically related to financial exploitation.


Guardianship

Guardianship is when an individual has legal authority for the care of another’s property or person, a relationship governed by state law. The American Bar Association provides a table of state guardianship laws (Under State Laws and Policy, see Section IV). 
 


Power of Attorney

Every state has a power of attorney law that pertains to financial matters.
 


Alternative Charges

For each type of elder abuse, locate a list of alternative charges to consider. 

 

The information appearing on this website is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to consult with your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked.

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