Major Federal Elder Justice Statutes – laws that fund and implement elder abuse-related policy
The OAA supports social services and programs to prevent the abuse, neglect, and exploitation of older persons, aged 60 and older. These include supportive services, family caregiver support, the long-term care ombudsman program, congregate and home-delivered nutrition services, and services to prevent the abuse, neglect, and exploitation of older persons. The OAA has been reauthorized and amended numerous times since its enactment in 1965.
For more information, visit Older Americans Act | ACL Administration for Community Living
Passed in 2010, the EJA is the first comprehensive federal legislation to address the abuse, neglect, and exploitation of older adults. The law authorized a variety of programs and initiatives to better coordinate federal responses to elder abuse, promote elder justice research and innovation, support Adult Protective Services systems, and provide additional protections for residents of long-term care facilities.
For more information, visit The Elder Justice Act | ACL Administration for Community Living
This 2017 law increased data collection and information sharing in abuse and fraud cases, expanded training of federal prosecutors and investigators, established an elder justice coordinator position in both the Federal Trade Commission and the Department of Justice, and increased penalties for criminals targeting older adults.
OBRA ’87 ensures that residents of nursing homes receive quality care that results in their achieving or maintaining their “highest practicable” physical, mental, and psychosocial well-being. The Act requires the provision of certain services to each resident and establishes a Residents’ Bill of Rights. Nursing homes receive Medicaid and Medicare payments for resident care only if they are certified in substantial compliance with the ACT.
Federal Policy Resources
- The Administration for Community Living (ACL)
- Elder Justice
- National Center for Law and Elder Rights (NCLER)
- Elder Justice Coordinating Council
Aging and disability: Aging and Disability Networks (ACL)
Family violence/violence against women: National Clearinghouse for Abuse in Later Life (NCALL)
Financial exploitation, frauds and scams: Federal Trade Commission, Consumer Financial Protection Bureau, Department of Justice, National Adult Protective Services Association, American Bar Association Commission on Law and Aging, Women’s Institute for a Secure Retirement
Housing and community-based services: Housing and Services Resource Center (ACL), US Department of Housing and Urban Development , USAging, Meals on Wheels America, National Association of Nutrition and Aging Services Programs, American Association of Service Coordinators, Village to Village Network
Diversity in aging: National Indian Council on Aging, National Hispanic Council on Aging, Services and Advocacy for GLBT Elders (SAGE), National Center and Caucus on Black Aging, National Asian Pacific Center on Aging, Diverse Elders Coalition
Each state, the District of Columbia, and some territories have statutes to protect older adults from physical abuse, neglect, financial exploitation, psychological abuse, sexual abuse, and abandonment.
- S. Department of Justice Elder Abuse State Statutes
- American Bar Association, Commission on Law and Aging Laws Related to Elder Abuse and Guardianship Law, Policy, and Practice
- Elder Abuse Guide for Law Enforcement (EAGLE) for mandatory reporting, consumer protection, and criminal statutes.
Find Help Near You
Eldercare Locator (1-800-677-1116) – Find resources for older adults and caregivers by entering your zip code OR city and state.
U.S. Department of Justice Elder Justice Neighborhood Map – Find elder abuse resources in your state.
Non-Governmental Entities that advocate for Elder Justice Policy
- National Center for Law and Elder Rights (NCLER), National Council on Aging, AARP, Advancing states, National Adult Protective Services Association, The National Consumer Voice for Quality Long-term Care