There is no clear or consistent definition of an “abuse registry” and the term appears to be used in three different ways by practitioners, researchers, and the state statutes. Sometimes the term is used to refer to a list of perpetrators of substantiated incidents of elder abuse that is managed by APS and, in many instances, used to determine whether those individuals should be prohibited from working with certain vulnerable populations or in certain settings, such as a nursing home.  In some states however, APS contributes information about reports or their dispositions to an abuse registry (meaning a list of perpetrators) that is managed by another state agency. The term’s third use refers to a database of reports made to APS or APS case records. 

These charts explore how many state APS laws contain provisions about abuse registries and what those laws say. There are two documents in the abuse registries series:

• Explanation of the “Abuse Registries: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart; and
• “Abuse Registries: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart. 

To view these documents, please visit the ABA Commission on Law and Aging website.

Adult Protective Services professionals sometimes face interference when they attempt to conduct an investigation of a report made about suspected elder abuse or provide services to an abused elder about whom a report has been substantiated. Interference may come from a family member, caregiver, some other individual, or from an entity such as a health care facility. A number of states have provisions in their APS laws that establish a process for APS to use to overcome such interference. Generally, the laws empower the APS agency to seek assistance from a court, a law enforcement agency, a local prosecutor or the state attorney general, or some combination thereof. Assistance in these situations may entail a court order, a search warrant, or accompaniment by a law enforcement officer when investigation or service visits are made by the APS professional. 

These charts explore how many state APS laws contain provisions about APS access to victims to conduct investigations and provide services and what those laws say.  There are two documents in the APS access to victims to conduct investigations and provide services series:

• Explanation of the “Access to Victims to Conduct Investigations and to Provide Services: Comparison Chart of Provisions in Adult Protective Services Law with Citations, by State” chart; and
• “Access to Victims to Conduct Investigations and to Provide Services: Comparison Chart of Provisions in Adult Protective Services Law with Citations, by State” chart. 

To view these documents, please visit the ABA Commission on Law and Aging website.

The issue of whether an APS agency may act as the guardian of a client raises concerns about conflict of interest. As an agency that receives and investigates reports of suspected elder abuse, APS may be called upon to investigate allegations that a guardian abused, neglected, or exploited the incapacitated person for whom he or she acts as surrogate decision-maker. If an APS agency serves as guardian for its clients, it will face a conflict of interest if such allegations are raised against the agency. Additionally, staff members who act as guardians for agency clients face a conflict of interest if they need to advocate within their own agency for additional resources for the incapacitated people they are serving. As a result, many states prohibit APS agencies from acting as guardian for program clients or limit the agency to services as a temporary guardian until a non-agency guardian can be appointed. A number of states provide no guidance on this issue and a few allow it without restriction.

These charts explore how many state APS laws contain provisions about APS as guardian and what those laws say.  There are two documents in the APS as guardian series:

• Explanation of the “Adult Protective Services Agency Authority to Act as Guardian of a Client: Guidance and Provisions from Adult Protective Services Laws, by State” chart; and
• “Adult Protective Services Agency Authority to Act as Guardian of a Client: Guidance and Provisions from Adult Protective Services Laws, by State” chart. 

The issue of confidentiality of information and records is critical to APS professionals and to the victims, reporters, witnesses, collateral sources, and other agencies with which APS professionals have contact. It is a complex issue that may arise in multiple contexts. Confidentiality laws may enhance the safety of victims, reporters, witnesses, and collateral sources and their willingness to share information with an APS professional. On the other hand, confidentiality laws may prohibit individual sources of information from sharing that information with an APS professional or another investigator. Confidentiality laws may enhance or inhibit the ability of APS professionals and other agencies to obtain information from or share information with each other, which may affect an investigation or the functioning of a multidisciplinary team.

These charts explore how many state APS laws contain provisions about abuse registries and what those laws say.  There are two documents in the confidentiality of information and records series:

• Explanation of the “Confidentiality of Information and Records: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart; and
• “Confidentiality of Information and Records: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart.

To view these documents, please visit the ABA Commission on Law and Aging website.

Criminal background checks of individuals who serve as caregivers or in some other capacity with vulnerable older persons are commonly touted as a way of preventing elder abuse. Only a few APS laws contain provisions regarding criminal background checks, however, and the existing provisions vary. In some states, the provisions are in the APS law, but the checks are not conducted by or related to the function of the APS staff. In other states, the APS agency has some role in conducting or contributing information for the criminal background checks.

These charts explore how many state APS laws contain provisions about abuse registries and what those laws say.  There are two documents in the criminal background checks series:

• Explanation of the “Criminal Background Checks: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Criminal Background Checks: Provisions and Citations in Adult Protective Services Laws, by State” chart.

To view these documents, please visit the ABA Commission on Law and Aging website.

The issue of capacity to consent is critical for APS professionals. They must determine whether an individual about whom a report of suspected elder abuse has been made has the capacity to consent to or refuse an APS investigation or the provision of other APS services.  Additionally, as part of their investigation APS professionals may need to determine whether an alleged victim had capacity to make decisions, such as decisions about financial transactions or decisions about obtaining and following medical care, that may be at the center of an elder abuse allegation. 

These charts explore how many state APS laws contain provisions about definitions of capacity to consent and what those laws.  There are two documents in the definitions of capacity to consent series:

• Explanation of the “Capacity to Consent/Lacks Capacity to Consent Definitions: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Capacity to Consent/Lacks Capacity to Consent Definitions: Provisions and Citations in Adult Protective Services Laws, by State” chart. 

To view these documents, please visit the ABA Commission on Law and Aging website.

The definition of caregiver, often relevant to other aspects of the APS law, is important to know.  For example, the APS laws usually define neglect as a caregiver’s failure to act. In addition, states that include abandonment as a category of elder abuse usually include the term “caregiver” in the definition of abandonment. Some states also uses the term “caregiver” in their definitions of abuse or physical abuse. Accordingly, most APS laws provide a definition of “caregiver.”

These charts explore how many state APS laws contain provisions about definitions of caregiver and what those laws say.   There are two documents in the definitions of caregiver series:

• Explanation of the “Caregiver Definitions: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Caregiver Definitions: Provisions and Citations in Adult Protective Services Laws, by State” chart. 

To view these documents, please visit the ABA Commission on Law and Aging website.

Adults who have decision-making capacity have the right to accept or refuse an investigation by or services from an APS agency. Situations arise, however, in which an APS professional believes that a subject of a report needs protective services but lacks decision-making capacity to consent to those services. Additionally, situations also arise in which an APS professional believes that emergency intervention is necessary to protect the older person from immediate or severe harm regardless of the person’s decision-making capacity. Many state APS laws grant authority to APS professionals and other agencies, such as law enforcement or courts, to intervene in these situations through the provision of emergency or involuntary services. The laws usually also set forth procedures for such interventions.

These charts explore what state APS laws have provisions governing the provision of emergency or involuntary protective services to victims and what those laws say.  There are two documents in the emergency or involuntary services to victims series:

• Explanation of the “Emergency or Involuntary Services to Victims: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart; and
• “Emergency or Involuntary Services to Victims: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart.

To view these documents, please visit the ABA Commission on Law and Aging website.

Professionals who are concerned about their responsibility, whether mandatory or voluntary, to report suspected elder abuse often want to know if they may face civil or criminal liability for making such a report. This is not a question of whether they face civil or criminal liability for failing to make a report required by law, but rather whether they may be sued in civil court or prosecuted in criminal court for having reported their suspicions to APS or another investigative agency, especially if their report is not substantiated. These provisions are commonly referred to as “good faith reporting” provisions. Good faith reporting provisions generally provide immunity from civil, criminal, or administrative liability for reporting suspected elder abuse and other activities that may stem from those reports, such as testifying in a court or administrative proceeding, as long as the reports were made in good faith or in accord with some other standard set forth in the statute.

• Explanation of the Immunity for Good Faith Reporting: Criteria in Adult Protective Services Laws, by State” charts;
• “Immunity for Good Faith Reporting: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Immunity for Good Faith Reporting: Criteria in Adult Protective Services Laws, by State” chart.

These charts were developed for the NCEA by the ABA Commission on Law and Aging and are available on the ABA website.

“How many states have mandatory reporting?” and variations of “Who is required to report elder abuse?” are among the most frequently asked questions in the elder abuse field.  Knowledge of the reporting provisions in APS laws about which states have mandatory reporting and who is required to report their suspicions about elder abuse to APS is critical for individuals who are mandated or who wish to report suspected elder abuse, members of professions and disciplines that collaborate with APS, and victims or people who are concerned about them.

There are three documents in the Mandatory Reporting series:

• Explanation of the 2 mandatory reporting charts/documents;
• “Reporting Requirements: Provisions and Citations in Adult Protective Services Laws, by State” (referred to as “provisions chart”); and
• “Mandatory Reporters: Comparison Charts of Categories in Adult Protective Services Laws, by State” (referred to collectively as “categories charts”).

To view these documents, please visit the ABA Commission on Law and Aging website.

Adult protective services professionals do very challenging work.  They need to have knowledge of multiple issues, including: state laws, regulations, and policies governing the APS program; ethics; legal issues such as consent and capacity; issues related to physical, sexual, and psychological abuse, financial exploitation, neglect, self-neglect; community resources; and much more.  Training for new and experienced workers is imperative. 

The “Mandatory Training for Adult Protective Services Professionals: Provisions and Citations in Adult Protective Services Laws, by State” chart provides information on those questions from the perspective of what is contained in APS laws.  There are two documents in the mandatory training series:

• Explanation of the “Mandatory Training for Adult Protective Services Professionals: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Mandatory Training for Adult Protective Services Professionals: Provisions and Citations in Adult Protective Services Laws, by State” chart.

Elder abuse is a complex problem requiring a multidisciplinary approach to best protect and respond to victims.  As a result, many states and communities have established collaborative interventions to elder abuse, many of which involve a formal or informal multidisciplinary team.  There are different types of multidisciplinary teams, and many different names for these collaborative efforts, e.g. multidisciplinary teams, interdisciplinary teams, coordinating councils or coalitions, fatality review teams, financial/fiduciary abuse specialist teams, adult protection teams, and medical response teams.  Their purposes may vary to some extent, but all involve representatives of multiple disciplines working together to improve the response to victims of elder abuse. 

These documents explore how many state APS laws contain provisions about multidisciplinary teams and what those laws say.  There are two documents in the multidisciplinary teams series:

• Explanation of the “Multidisciplinary Teams Authorizations or Mandates: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Multidisciplinary Teams Authorizations or Mandates: Provisions and Citations in Adult Protective Services Laws, by State” chart.

An individual who reports suspected elder abuse, whether acting voluntarily or pursuant to a statutory mandate, may face retaliation from an employer or another person for having made the report.  Some state APS laws contain provisions prohibiting such retaliation.  The term “retaliation” is used broadly in this chart and explanation series; many of the statutes prohibit discriminatory, disciplinary, or retaliatory actions, and some of the statutes specify what those actions might include.  Some of those provisions also indicate that employers or others who retaliate against a reporter may be subject to civil liability or criminal penalties. 

These charts explore whether state APS laws contain provisions about prohibitions of retaliation against reporters of suspected elder abuse and what those laws say.  There are two documents in the prohibitions of retaliation against reporters of suspected elder abuse series:

• Explanation of the “Prohibitions of Retaliation Against Reporters of Suspected Elder Abuse: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart; and
• “Prohibitions of Retaliation Against Reporters of Suspected Elder Abuse: Comparison Chart of Provisions in Adult Protective Services Laws with Citations, by State” chart.

These charts were developed for the NCEA by the ABA Commission on Law and Aging and are available on the ABA website.

These charts show how many state APS laws contain provisions about reporting and referrals to law enforcement and what those laws say.  There are four documents in the reporting and referrals to law enforcement reporting series:

• Explanation of the Reporting and Referrals to Law Enforcement Charts Series;
• “Reports and Referrals to Law Enforcement: Provisions and Citations in Adult Protective Services Laws, by State” chart;
• “Requirements that Reports Made to Adult Protective Services Also be Made Simultaneously to Law Enforcement: Comparison Chart of Provisions in Adult Protective Services Laws, by State” chart; and 
• “Circumstances under which Adult Protective Services Must or May Subsequently Refer a Reported Case to Law Enforcement: Comparison Chart of Provisions in Adult Protective Services Laws, by State” chart.

To view these documents, please visit the ABA Commission on Law and Aging website.

The following charts categorize amendments to Adult Protective Services (APS) laws that were enacted or became effective between 2003 and 2006. While there may have been other state legislative activity related to elder abuse or to APS between 2003 and 2006, these charts only address amendments to APS laws.  Below are charts for activity for each year, as well as a chart combining all changes 2003-2006:

• Combined Chart of APS Amendment Categories (PDF)
• 2006 State Legislation Amending APS Laws (PDF)
• 2005 State Legislation Amending APS Laws (PDF)
• 2004 State Legislation Amending APS Laws (PDF)
• 2003 State Legislation Amending APS Laws (PDF)

State adult protective services (APS) statutes are complex. The definitions of the types of elder abuse that APS investigates are very diverse in content and structure, and thus are challenging to categorize and explain. Nonetheless, knowledge of the types of elder abuse covered by a state’s law is critical for individuals who are mandated or who wish to report suspected elder abuse and for professions and disciplines that collaborate with APS. Additionally, state and federal legislative staff, other policy makers, educators, researchers, and reporters often want to know what types of abuse are covered by state APS laws.

There are three documents in the “Types of Abuse Series”:

• Explanation of “Types of Abuse” charts series;
• “Types of Abuse: Provisions and Citations in Adult Protective Services Laws, by State” chart; and
• “Types of Abuse: Comparison Chart of Provisions in Adult Protective Services Laws, by State” chart.

These charts were developed for the NCEA by the ABA Commission on Law and Aging and are available on the ABA website.

To understand what APS agencies do and when a situation should be reported to an APS agency, one needs to understand what types of abuse are covered by a state’s APS statute (see “Types of Abuse Defined in State Adult Protective Services Statutes”). But that information is not sufficient; it is equally important to understand if a state’s law authorizes an APS agency to take a report, investigate, and provide services to the person suspected to have been abused, neglected, or exploited (hereafter referred to generically as “abuse” or “abused,” unless otherwise indicated). In other words, is the allegedly abused person eligible for APS? 

These charts explore the statutory provisions providing the threshold eligibility criteria for APS.  These provisions are complex and diverse in content and structure, and, thus, are challenging to categorize and explain. Nonetheless, knowledge of who is eligible for APS is critical for victims, individuals who are mandated or who wish to report suspected abuse, and members of professions and disciplines that collaborate with APS. These charts are based on the definitions provided in state APS laws. A few states have separate elder protective services (EPS) laws, and information about those laws also is provided. There are eight charts in this series:

• Explanation of the “Threshold Eligibility Criteria for Adult Protective Services” Chart Series;
• “Threshold Eligibility for Adult Protective Services: Criteria, Provisions and Citations in Adult Protective Services Laws, by State” chart;
• “Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart;
• “Age - Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart;
• “Condition - Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart;
• “Function - Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart;
• “Living Situation - Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart; and
• “Receiving Services - Threshold Eligibility for Adult Protective Services: Comparison Chart of Criteria, by State” chart.

These charts were developed for the NCEA by the ABA Commission on Law and Aging and are available on the ABA website.

Undue influence is usually not defined as a form of elder abuse, or even as a crime. It is, instead, recognized as a process or method used to commit financial or sexual exploitation. As awareness is growing of “undue influence” and the role that it may play in cases involving elder abuse, many often want to know how many states have laws on undue influence and what those laws say.  This “Undue Influence” chart series offers that information. There are two documents in the undue influence series:

• Explanation of the “Undue Influence: Context, Provisions, and Citations in Adult Protective Services Laws, by State” chart; and
• “Undue Influence: Context, Provisions, and Citations in Adult Protective Services Laws, by State” Chart.

These charts were developed for the NCEA by the ABA Commission on Law and Aging and are available on the ABA website.