Elder Abuse Prevention and Prosecution Act
In October 2017, the Elder Abuse Prevention and Prosecution Act was signed into law. The goal of this legislation is to address the growing epidemic of elder abuse—both financial and physical.
According to the National Council on Aging, about 1 in 10 Americans age 60 or older have experienced some form of elder abuse. The true number is likely higher since research suggests that only 1 in 14 cases are ever reported. Seniors and their families are more likely to report financial abuse, while emotional and physical abuse often go unnoticed.
The impact of elder abuse is devastating:
- Seniors who are abused face a 300% higher risk of death compared to those who are not.
- Financial exploitation costs older Americans an estimated $36.5 billion every year.
Key Provisions of the Act
The Act introduces several measures to strengthen protections for older adults:
1. Elder Justice Coordinators
The Department of Justice (DOJ) is required to appoint Elder Justice Coordinators in every federal judicial district, as well as within DOJ itself. These coordinators are tasked with:
- Serving as legal counsel on elder abuse cases.
- Prosecuting or assisting in the prosecution of elder abuse crimes.
- Conducting outreach and raising public awareness about elder abuse.
2. Training for FBI Agents
The Attorney General, working with the FBI, must establish a comprehensive training program for current and new agents. This training focuses on:
- Investigating and prosecuting elder abuse cases.
- Communicating effectively with elder abuse victims.
- Using strategies that strengthen the ability to prove elder abuse in court.
3. Information Sharing
The Act requires the Attorney General to create a group dedicated to sharing knowledge and resources about elder abuse prosecution. This includes:
- Legal documents
- Case proceedings
- Best practices from prosecutors across the country
4. Improved Data Collection
Accurate data is critical to addressing elder abuse. The Act requires the Attorney General to work with law enforcement at all levels to establish best practices for data collection.
In partnership with the Secretary of Health and Human Services, the DOJ must gather annual statistics on:
- Elder abuse cases reported to law enforcement
- Financial crimes targeting or disproportionately affecting seniors
The DOJ will publish this information on its website along with recommendations for better reporting methods.
5. Enhanced Victim Assistance
The Act strengthens services for elder abuse survivors. The Director of the Office for Victims of Crime must use the data collected to submit an annual report to Congress. This report includes an analysis of elder abuse cases and recommendations for improving victim support services.
6. Expansion of Federal Criminal Code
The law also expands the federal criminal code to include fraudulent schemes targeting seniors through telemarketing or email. This covers:
- Fake investment opportunities
- Fraudulent business ventures
- Deceptive loan offers
Why This Matters
Elder abuse—whether physical, emotional, or financial—remains a serious issue in the United States. This legislation represents a long-overdue step by Congress to provide stronger protections for seniors, hold abusers accountable, and raise public awareness.
Get Help and Guidance
If you have questions about elder abuse protections or how this law may affect you or your loved ones, we are here to help.
📞 Contact our office today at (207) 848-5600 for more information.
