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1 1 (December 20, 2006)

handle is hein.crs/crsaick0001 and id is 1 raw text is: Order Code RS21443
Updated December 20, 2006
Elder Abuse
Alison M. Smith
Legislative Attorney
American Law Division
Summary
Under federal law, elder abuse is defined as the abuse, neglect, and exploitation of
an older individual. All 50 states and the District of Columbia have enacted some form
of elder abuse prevention law and have state agencies, such as Adult Protective Services
(APS), to help achieve compliance with those laws. Specific provisions vary
considerably from one jurisdiction to another, but all states have set up reporting
systems. This report summarizes the various approaches used pertaining to elder abuse,
including mandatory reporting laws and legal remedies available to victims of elder
abuse.
The Older Americans Act of 1965, as amended (Public Law 89-73), provides
assistance in the development of new or improved programs to help older persons through
grants to the states for community planning and services and for training, through
research, development or training project grants. Title VII (Allotments for Vulnerable
Elder Rights Protection Activities) was created in the 1992 amendments to the Act to
protect and enhance the basic rights and benefits of vulnerable older people.1 To this end,
the 1992 amendments brought together and strengthened three advocacy programs: (1)
the Long Term Care Ombudsman Program; (2) Programs for the Prevention of Abuse and
Exploitation; and (3) State Legal Assistance Development Programs. In addition, the
amendments contained definitions for abuse, neglect and exploitation as they relate to the
elderly2 as well as making allotments to the states to pay for the cost of carrying out
vulnerable elder rights protection activities.3
1 42 U.S.C. § 3058 et seq. See generally, CRS Report RL31336, The Older Americans Act:
Programs, Funding, and 2006 Reauthorization (P.L. 109-365), by Carol O'Shaughnessy and
Angela Napili.
2 42 U.S.C. § 3002.
' 42 U.S.C. § 3058.

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