Your Top Resource For Seniors
Your Top Resource For Elder Abuse & Neglect
Elder abuse is a serious crime and is taken very seriously in the state of California. Under California law, elder abuse can be both criminal and civil in nature. Here are some essential laws related to elder abuse in California as of my knowledge cutoff in September 2021. Keep in mind that it's always a good idea to consult an elder abuse lawyer for the most current information and advice tailored to a specific situation.
This act was established to protect elders from all forms of abuse, including physical, emotional, and financial harm. Under this law, individuals who are found guilty of elder abuse can face severe penalties, including imprisonment and fines. Additionally, the law promotes the reporting of suspected elder abuse and provides training for law enforcement officials, social workers, and caregivers to recognize and address elder abuse effectively.
The California Department of Social Services oversees the Adult Protective Services (APS) program, which investigates reports of abuse, neglect, or exploitation involving seniors aged 65 and older. If you suspect that a senior is being abused, neglected, or exploited, you can report your concerns to APS. They will then work to ensure the safety and well-being of the affected senior, providing support and assistance as needed.
Financial exploitation is a serious concern for many seniors. In California, laws have been enacted to protect seniors from financial exploitation, such as identity theft, fraud, or misuse of their assets. The California Department of Justice provides resources and support to help seniors identify and report financial exploitation. Additionally, penalties for financial crimes against seniors are enhanced under California law, meaning those who exploit seniors financially will face more severe consequences.
The California Long-Term Care Ombudsman Program advocates for residents in long-term care facilities, ensuring that their rights and dignity are respected. The program investigates complaints made by residents, families, or staff members and works to resolve conflicts or issues. If you have concerns about the care a senior is receiving in a long-term care facility, the Ombudsman Program can be a valuable resource for support and guidance.
California's Advance Health Care Directive Law allows seniors to specify their healthcare wishes and appoint a healthcare representative in case they become unable to make their own healthcare decisions. By completing an advance health care directive, seniors can ensure that their medical treatment preferences are honored, and a trusted individual can make decisions on their behalf when they are unable to do so themselves.
These are some of the critical laws related to elder abuse in California. These laws are in place to protect elder citizens and provide penalties for those who exploit, harm, or neglect them. It's crucial for anyone who suspects elder abuse to report it so that the situation can be investigated, and the elder can be protected.
In California, elder abuse can be broadly categorized into two types: physical abuse and financial abuse. However, it encompasses a variety of actions that cause harm or distress to an older person. It's important to note that elder abuse is not limited to actions by caregivers or family members; it can also be perpetrated by strangers, friends, or institutions.
Here's a detailed list of what California law considers as elder abuse:
This includes inflicting physical pain or injury on a senior. It might involve hitting, slapping, pushing, or any other kind of physical harm. Sexual abuse is also considered a type of physical abuse.
This refers to causing mental pain, distress, or anguish through verbal or nonverbal acts. Emotional abuse might involve:
Elder neglect is the failure to fulfill caregiving obligations, resulting in a lack of necessary care for the elder. It can include:
This is the desertion of an elderly person by someone who has the responsibility for providing care for them.
Elder financial abuse involves illegal or improper use of an elder's funds, property, or assets. Examples include:
This involves intentional actions that prevent an elder from receiving mail or telephone calls, being visited by family and friends, or having access to information or assistance.
This refers to the removal from this state and restraint from returning to this state, or the restraint from returning to this state, of any elder.
Each of these forms of abuse can have severe physical and psychological impacts on the elderly individual. If you suspect that an elderly person is being abused, it's essential to report your concerns immediately to local adult protective services, law enforcement, or a trusted professional who has a legal obligation to report such concerns, such as a doctor or lawyer.
In California, felony elder abuse is a serious crime that can lead to severe penalties. Under Penal Code Section 368, California law protects elders (anyone aged 65 or older) from various forms of abuse.
The key elements that the prosecutor needs to prove to establish felony elder abuse under PC 368 include:
The penalties for felony elder abuse can include imprisonment in state prison for two, three, or four years, and/or a fine of up to $6,000 (or $10,000 for a second or subsequent violation). If the abuse resulted in great bodily injury or death, there could be additional prison terms.
Keep in mind that these are general requirements and penalties under California law. The specifics can vary depending on the facts of the case. For the most accurate and updated advice, consult a legal professional.
The elements that the prosecutor needs to prove to establish misdemeanor elder abuse under PC 368 include:
The distinction between misdemeanor and felony elder abuse usually comes down to the severity of the harm or risk to the elder. If the abuse does not involve circumstances likely to cause great bodily harm or death and does not result in great bodily harm or death, the crime is generally charged as a misdemeanor.
Penalties for misdemeanor elder abuse in California can include imprisonment in county jail for up to one year, and/or a fine of up to $1,000 (or up to $2,000 for a second or subsequent offense).
If you suspect that an elder is being abused in California, it's crucial to take immediate action. Here are the steps you should follow:
If you believe the elder is in immediate danger, call 911. This could be necessary if there is physical abuse or a life-threatening situation.
APS is responsible for responding to reports of elder abuse. You can find the contact information for your local APS office on the California Department of Social Services website. They accept reports 24/7, and you don't need to provide proof of abuse—just a reasonable suspicion.
If the abuse involves potential criminal behavior, such as physical assault, sexual abuse, or significant financial fraud, you should also report it to your local law enforcement agency.
If you believe that the elder's legal rights are being violated, consult with a elder or nursing home abuse lawyer who specializes in elder law. They can provide advice about potential civil actions, such as obtaining a restraining order or starting a conservatorship.
If the abuse is occurring in a long-term care facility like a nursing home or assisted living facility, report the abuse to the local Long-Term Care Ombudsman Program. They provide advocacy, complaint investigation, and resolution services for residents in these facilities.
Certain professionals, such as healthcare providers, social workers, clergy members, and employees of law enforcement agencies, are mandated reporters. This means they are legally required to report suspected elder abuse. If you are a mandated reporter, you must file a report if you suspect abuse.
Remember to document as much information as you can about the suspected abuse, including dates, times, locations, and individuals involved. It's important to provide as many details as possible to assist in the investigation and help protect the elder from further harm.
A lawyer who specializes in elder law can be a vital asset in cases of suspected elder abuse. They can provide legal advice, represent the elder person's interests, and help navigate the legal system. Here are some ways a lawyer can help:
An elder law attorney can provide guidance and explain the different legal options available to you or the elder. This can include pursuing civil damages against the abuser or taking preventive measures such as drafting a power of attorney or other protective documents.
Lawyers can assist in gathering evidence to support your claims. They can use legal tools such as subpoenas to access necessary documents, call in expert witnesses, and depose relevant parties.
If the case goes to court, an attorney can represent the elder or their family. This includes preparing and filing the lawsuit, negotiating with the defense, presenting the case in court, and arguing on behalf of the elder or their family.
If the elder is incapable of making their own decisions, an attorney can help establish a conservatorship or guardianship, appointing a responsible person to make decisions on their behalf.
If the elder has been financially exploited, a lawyer can help recover stolen assets. This could involve suing the perpetrator or working with law enforcement on a criminal case.
If the abuse happened at a nursing home or other care facility, an attorney could negotiate with the facility's management or legal team, or even bring a lawsuit against the facility.
Lawyers can guide you through the process of reporting abuse to APS and law enforcement and can liaise with these agencies on your behalf.
If immediate protection is necessary, a lawyer can help you secure restraining orders or other protective orders against the abuser.
Remember, each case is unique and involves complex legal issues. The best way to understand how a lawyer can help is to consult with one who specializes in elder law. They can provide guidance based on the specifics of your situation.
Elder abuse is a complex issue that can be caused by a variety of factors, often interrelated. Here are some potential causes and risk factors:
Taking care of an elder, particularly one with physical or cognitive impairments, can be challenging and stressful. Some caregivers may lack the necessary skills, support, or resources, leading to neglect or abuse.
If an elderly person is entirely dependent on their caregiver for basic needs, it can create a power imbalance that may lead to abuse.
Mental health issues in caregivers, such as depression, anxiety, or substance abuse, can also lead to elder abuse.
Financial problems or greed can cause a person to exploit an elder's financial resources. This is particularly true if the elder lacks the capacity to understand or manage their own finances.
An elder who is isolated is at a higher risk for abuse, especially if they rely on a single person for care.
Negative stereotypes and attitudes about aging and older people can contribute to elder abuse.
Elders with dementia or cognitive impairments are at a higher risk for abuse, as they may be less able to report or defend themselves from abuse.
In care facilities, inadequate staff training, high staff turnover, low staffing levels, and lack of effective oversight can contribute to elder abuse.
Conflict within families, including longstanding dysfunctional relationships or disputes over care or inheritance, can lead to elder abuse.
Some societal norms, cultural practices, or beliefs may contribute to elder abuse or prevent it from being recognized and addressed.
It's important to note that these factors don't excuse or justify abuse. Rather, they help us understand why elder abuse occurs and how we might prevent it. If you suspect elder abuse, it's crucial to take immediate action by reporting it to the appropriate authorities.
Elder abuse is a widespread issue in the United States and can take on many forms, including physical, emotional, and financial abuse, as well as neglect. Understanding the prevalence and impact of elder abuse can help guide prevention and intervention efforts.
According to the National Council on Aging, approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse. However, this might be an underestimate as many cases go unreported.
The New York State Elder Abuse Prevalence Study found that for every case of elder abuse reported to authorities, 23.5 were not.
Elder abuse affects seniors across all socioeconomic groups, cultures, and races. Women and “older” elders are more likely to be victimized. Also, elders with dementia are at higher risk; the Alzheimer's Association reports that up to 50% of people with dementia have experienced some form of abuse.
According to the National Center on Elder Abuse, family members are most often the perpetrators of elder abuse, particularly adult children and spouses.
A study by MetLife Mature Market Institute estimated that financial abuse costs seniors an estimated $2.9 billion annually.
Elder abuse can lead to serious physical injuries and long-term psychological consequences. Elders who have been abused have a 300% higher risk of death compared to those that have not been mistreated, according to the National Council on Aging.
These statistics underscore the severity and scope of elder abuse in the United States. Efforts to prevent elder abuse involve public and professional awareness, training for those who work with elders, appropriate legal responses, and research to inform policy and practice.
If you suspect an elder in California is experiencing elder abuse, reach out to Senior Advocate Center for resources and referrals to California elder abuse attorneys.
Our expert partner attorneys offer free consultations for your claim.
