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State Laws

Since the 1980s, states have been enacting laws related to the abuse, neglect and financial exploitation of their elderly residents. The vast majority of elder abuse legislation in America is state legislation (find more information about federal laws related to elder abuse). State laws related to elder abuse may be found in a number of state legal codes, including, but not limited to states’ criminal, welfare & institutions, probate, and business and profession codes. To find your state’s laws on elder abuse, consult the tables from the American Bar Association, below, or simply search the internet with the term “elder abuse” and your state’s name.

The American Bar Association’s Commission on Law and Aging provides reports, trainings, and law charts and updates in their Elder Abuse section.

  • Adult Protective Services, Institutional Abuse and Long Term Care Ombudsman Program Laws: Citations by State
  • State-by-State Summaries of Laws on Elder Abuse prepared by the ABA include:
    • Abuse Registries
    • Access to Victims
    • Adult Protective Services Laws and Amendments
    • APS as Guardian
    • Capacity to Consent
    • Caregiver
    • Confidentiality of Information and Records
    • Criminal Background Checks
    • Emergency or Involuntary Services to Victims
    • Immunity for Good Faith Reporting
    • Mandatory Reporting to Adult
      Protective Services
    • Mandatory Training
    • Multidisciplinary Teams
    • Penalties for Failing to Report or Making
      False Reports of Elder Abuse
    • Power of Attorney Laws
    • Prohibitions of Retaliation Against
      Reporters of Suspected Elder Abuse
    • Threshold Eligibility Criteria
    • Undue Influence

The Elder Consumer Protection Program at Stetson University College of Law’s Center for Excellence in Elder Law provides state-by-state updated materials on:

National Long-Term Care Ombudsman Resource Center (NORC) Library includes Federal and State laws and regulations for nursing homes and AoA programs related to Long-Term Care Ombudsman.

Nursing Home Regulations Plus (NH Regs Plus) serves as a one-stop location to examine and compare the content of state regulations related to nursing homes. It contains federal nursing home regulations and nursing home regulations for all states and the District of Columbia. NH Regs Plus also contains comparative analyses of more than 70 topics in nursing home regulation in narrative and tabular form.

Visit NCEA State Resources for additional information by state.

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