Elder abuse is a serious and widespread issue that affects millions of vulnerable senior citizens each year. Alarmingly, it remains one of the most underreported crimes. According to the National Council on Aging (NCOA), studies indicate that fewer than five percent of elder abuse cases are formally reported. Legal protections and resources are available to help safeguard seniors from abuse, neglect, and exploitation. Families must understand these laws to protect their elderly loved ones. Our Mechanicsburg elder law attorney provides an in-depth overview of the key legal protections against elder abuse in Pennsylvania and nationwide.
State and Federal Laws Protecting Against Elder Abuse
Older Americans Act (OAA)
Enacted in 1965, the Older Americans Act (OAA) is a federal law designed to improve the quality of life for older adults across the United States. It provides funding for essential services such as meal programs, health promotion, caregiver support, and job training. Importantly, the OAA includes provisions aimed at preventing elder abuse, neglect, and exploitation. It also supports the Long-Term Care Ombudsman Program, which serves as an advocate for nursing home residents, ensuring their rights and safety.
Nursing Home Reform Act of 1987
Elder abuse frequently occurs in long-term care facilities such as nursing homes and assisted living centers. The Nursing Home Reform Act of 1987 was enacted to address systemic abuse and neglect in these facilities. Under this law, nursing homes that receive Medicare or Medicaid funding are required to:
- Provide a certain standard of medical, physical, and mental health care
- Uphold residents’ rights to dignity, self-determination, and privacy
- Maintain a safe and abuse-free environment
- Establish procedures for reporting suspected abuse or neglect
Nursing homes that violate these standards can face serious penalties, including loss of funding and legal action.
Elder Justice Act (EJA)
The Elder Justice Act (EJA), signed into law in 2010, is the first comprehensive federal law specifically designed to combat elder abuse, neglect, and financial exploitation. The EJA strengthens the Adult Protective Services (APS) system by providing additional resources to state and local agencies that investigate elder abuse. It also:
- Requires stricter background checks for employees of long-term care facilities
- Encourages better coordination between state and federal agencies to prevent elder abuse
- Increases funding for elder abuse prevention programs
Pennsylvania Older Adults Protective Services Act (OAPSA)
In Pennsylvania, the Older Adults Protective Services Act (OAPSA) serves as the primary state law protecting seniors from abuse. This law applies to individuals aged 60 and older and includes key provisions such as:
- Mandatory Reporting: Healthcare professionals, social workers, and caregivers must report suspected abuse.
- Timely Investigations: Authorities must conduct a prompt and thorough investigation into all allegations of elder abuse.
- Emergency Protective Services: If a senior is found to be in immediate danger, the law provides emergency intervention and protective services.
If you suspect that your elderly loved one is experiencing abuse or neglect—whether at home, in a nursing home, or in an assisted living facility—it is essential to take immediate action by reporting the situation to local authorities and seeking legal guidance.
Contact Our Mechanicsburg Elder Law Attorneys Today
At Keystone Elder Law P.C., our Mechanicsburg elder law attorneys are dedicated to protecting the rights and well-being of older adults. If you have questions about elder abuse prevention, suspect mistreatment, or need legal guidance on filing a claim, we are here to help. Contact us today for a confidential consultation. From our office in Mechanicsburg, we proudly serve clients throughout Cumberland County and the surrounding region.