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Elder abuse law in California exists to protect adults aged 65 years and older, as well as dependent adults between the ages of 18 and 64 who have physical or mental limitations that restrict their ability to protect themselves. Elder abuse can take many forms, including physical abuse, neglect, financial exploitation, abandonment, isolation, and psychological abuse. The laws surrounding elder abuse are primarily aimed at preventing harm, providing avenues for intervention, and allowing victims or their families to pursue justice and compensation. California has enacted comprehensive statutes to address these issues, especially under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
There are several scenarios where someone might require the help of an attorney who focuses on elder abuse law in California. These include:
California’s elder abuse statutes are among the most comprehensive in the United States. Below are some key aspects of local law that are particularly relevant:
Elder abuse can be physical abuse, neglect, financial exploitation, emotional or psychological abuse, abandonment, or isolation of someone 65 years or older or a dependent adult.
You can report suspected abuse to Adult Protective Services (APS), local law enforcement, or the police. If it is an emergency, call 911 immediately.
Mandated reporters include healthcare professionals, caregivers, social workers, law enforcement, and employees of long-term care facilities. However, any concerned person can make a report.
Penalties can include jail or prison time, fines, restitution to victims, and civil liability for damages. Penalties are more severe if bodily injury or financial harm is involved.
Yes, California law allows civil lawsuits against individuals or entities that financially exploit elders or dependent adults. Compensation may include damages and, in severe cases, punitive damages.
Neglect means the failure of a caregiver to provide things like adequate food, water, shelter, supervision, medical care, or protection from health and safety hazards.
Seek legal representation immediately. Do not speak to investigators or the alleged victim without an attorney present. Understand that both criminal and civil liabilities may apply.
Yes, there are statutes of limitations. These depend on the type of abuse, whether it is physical, financial, or another form. Consult an attorney as soon as possible to avoid missing deadlines.
Unfortunately, yes. Financial elder abuse often involves misuse of legal authority such as Power of Attorney, resulting in unauthorized transfers or theft of assets. Legal remedies are available.
Stay informed, regularly check on elderly loved ones, use reputable caregivers and facilities, and watch for warning signs of neglect or financial exploitation. Taking legal steps such as setting up proper trusts or oversight can also help.
If you or someone you know needs help, consider these important resources:
If you suspect elder abuse or need legal advice, act promptly. Start by documenting all signs and evidence of abuse or neglect, such as photos, medical records, and financial statements. Report immediate dangers directly to 911 or law enforcement. For non-emergencies, file a report with Adult Protective Services (APS) or the appropriate county agency. Consider reaching out to an attorney who specializes in elder abuse law to understand your rights and options, receive guidance through the investigation and legal process, and to ensure the protection and well-being of your loved one. Consulting a legal professional is an essential step if you are navigating a complex situation or seeking compensation for harm suffered.
