Grace Elizabeth Connelly

Elder Abuse Legislation Across the United States: A Comparative Analysis of Variation in Mandated Reporting Methods and Definitions 

According to many studies, each year, hundreds of thousands of older adults are physically or emotionally abused, neglected, or financially exploited in the United States. Mistreatment of older adults is known as, “Elder Abuse.” The United States Department of Justice defines “Elder Abuse,” as “[a] single or repeated act or lack of appropriate actions, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.” Rates of elder abuse are rising, however, very few cases are actually reported, and elder abuse itself remains under-researched. Although every state includes statutes on mandatory reporting laws for elder abuse cases, significant variation in who is mandated reporting, where reports go, how to report, punishments for failure to report, and common definitions such as “Abuse,” may contribute to higher rates of abuse and fewer cases actually reported. This study responds to these challenges by conducting comparative analyses to highlight the differences and similarities found between elder abuse mandated reporting statutes, definitions, and outcomes. Through an in-depth literature review of current state legislation and various reports published and authorized by the United States Government federal agencies, this paper argues that federal regulations regarding elder abuse legislation, such as a uniform approach to Adult Protective Services statutes, is necessary in order to minimize substandard quality and establish a greater sense of consistency across legislation. The paper concludes by outlining and suggesting a set of policy changes concerning mandatory reporting statutes, and examines the new Final Rule of Adult Protective Services Functions and Grants Programs, and the changes to state legislation it will bring.