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Understanding Elder Abuse Law in California

By Justice For Our Parents

15 million Seniors in California Are Provided Protection Under California Elder Abuse Law.

California takes the well-being and dignity of its senior citizens seriously, with a substantial population (6 million as of 2021) over the age of 65. The state's laws provide comprehensive protections against elder abuse, going above and beyond federal regulations.

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) in California covers a wide range of abusive behaviors, including physical abuse, neglect, financial exploitation, abandonment, isolation, and more. This ensures that various forms of mistreatment are recognized and addressed.

Mandatory reporting requirements in California require certain professionals, like healthcare providers and financial institution employees, to report suspected elder abuse. This proactive approach aids in the prompt identification and investigation of potential abuse.

Victims of elder abuse in California have robust civil remedies available. They can seek damages, including compensation for pain and suffering, attorney's fees, and, in some cases, punitive damages. Additionally, specific statutes address financial abuse, providing a layer of defense against the exploitation of seniors' assets.

On the criminal front, California's Penal Code includes provisions that make elder abuse a punishable offense, with penalties that can include imprisonment and fines. Protective orders tailored to the needs of elders and dependent adults can be issued, including various provisions to ensure the senior's safety and well-being.

Furthermore, California law extends protections to environments like nursing homes, assisted living facilities, adult day care centers, in-home care settings, and hospice care. The state's commitment to elder safety is evident in its efforts to regulate and oversee a wide range of care environments.

Overall, California's approach to elder abuse prevention and response is multifaceted, and deeply rooted in respect for the rights and dignity of older adults. By exceeding the minimum standards set by federal law, California serves as a model for the protection of seniors.

Elder Abuse California Statutes

Here are some specific California statutes that address abuse of elders:

• California Welfare and Institutions Code Section 15610.30 - Defines financial abuse of an elder or dependent adult, as an event occurring when a person or entity takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
  • URL: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=15610.30
    

• California Penal Code Section 368 - Provides for criminal penalties for those who willfully cause or permit the infliction of pain, suffering, or allow an elder or dependent adult to be placed in a situation where their health is endangered, including financial harm.
  • URL: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=368.&lawCode=PEN
    

• California Civil Code Section 3345 - Allows for enhanced remedies in civil actions for financial abuse of an elder or dependent adult, including the possibility of treble damages (three times the amount of actual damages) for certain forms of financial abuse.
  • URL: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3345.

Below are some points that show how an elder abuse attorney can leverage the law to compensate victims of elder abuse, who the victims are, and how the law provides for their redress. Additionally, we’ve included some specific information related to California, signs of when it's time to consult or contact an attorney, and examples of how attorneys can help:

Victims of Elder Abuse:

• The victims are seniors, defined as anyone 65 or older, who may suffer abuse or neglect at their home, a family member's home, a nursing home, or any other type of assisted or long-term care facility.
• Abusers can be nursing home staff, caregivers, family members, friends, or strangers.

Redress Provided by the Law:

• Elder abuse attorneys help seniors, and their families hold perpetrators accountable, including seeking justice for victims of abuse, carelessness, and other forms of mistreatment.
• Attorneys fight for compensation that covers pain and suffering, medical bills, and other damage caused by the abuse or neglect.
• In cases of wrongful death, attorneys file claims on behalf of family members to seek justice for their loved ones.

Specific Information Related to California:

• California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides a broad definition of elder abuse, including physical abuse, emotional abuse, sexual abuse, neglect, and financial abuse.
• The law allows for enhanced remedies, such as the awarding of attorney's fees and costs to the victim.
• California has specific statutes addressing financial abuse, providing a framework for addressing financial exploitation in more detail than federal regulations.

When to Consult or Contact an Attorney:

• If there are unexplained injuries or conditions that linger for an extended period.
• If there is a sudden change in the senior's financial situation, suggesting possible financial abuse.
• When a senior's behavior changes dramatically, indicating possible emotional or psychological abuse.

Examples of How Attorneys Can Help:

• Investigating the abuse and gathering evidence to build a strong case.
• Negotiating with insurance companies or responsible parties to secure a fair settlement.

• Representing the victim in court, if necessary, to obtain a verdict in their favor.

Seven Signs to Contact an Elder Abuse Attorney:

1. Unexplained bruises, cuts, or injuries on the senior's body.
2. Sudden withdrawal or changes in the senior's personality.
3. Signs of poor hygiene, malnutrition, or dehydration.
4. Disappearance of personal items or unexplained financial transactions.
5. The senior expressing fear or anxiety around certain caregivers or family members.
6. Frequent illnesses or infections that are not properly treated.
7. The senior being isolated from friends and family or restricted from communicating with others.

By understanding these criteria and red flag signs of abuse, individuals can better recognize when it's time to seek legal assistance and how an elder abuse attorney can leverage the law to provide compensation and justice for victims of elder abuse.

If you suspect elder abuse or have concerns about the well-being of a senior in your life, take immediate action. Contact our office at 562.982.4311 or reach out to us toll-free at 833-JUST-LAW (833-587-8529). You can also email us at glenna@j4op.com. Our experienced elder abuse attorneys are here to provide the support and legal guidance you need to seek justice and protect the rights of your loved ones.