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ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Abuse and Exploitation

What is elder abuse?

In its most general sense, elder abuse is an act or failure to act by a person required to act that results in harm to an older person. Definitions of elder abuse vary from state to state, but generally include

  • physical abuse--use of physical force that may result in bodily injury, physical pain, or impairment;
  • sexual abuse--nonconsensual sexual contact of any kind;
  • emotional and psychological abuse--infliction of anguish, pain, or distress through verbal or nonverbal acts;
  • neglect--the refusal or failure to fulfill any part of a person's obligation or duties to an older person;
  • abandonment--the desertion of an elderly person by an individual who has physical custody of the elder or by a person who has assumed responsibility for providing care to the elder;
  • self-neglect--behavior of an older person that threatens his or her health or safety; and
  • financial exploitation--illegal or improper use of an older person's funds, property, or assets.

    Every state has specific elder abuse laws. You can get details on laws and programs from your area or state agency on aging or your state adult protective services program.

    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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