California Elder Abuse Laws

In California, elder abuse encompasses a wide range of actions against individuals who are 65 years or older. Types of elder abuse include physical abuse, emotional abuse, neglect, financial exploitation, and sexual abuse. Abusing, neglecting, or financially exploiting an elder is illegal and may result in criminal and/or civil penalties.

What Is the Cause of Action for Elder Abuse?

A cause of action for elder abuse in California arises when an elderly person is subjected to:

• Physical abuse;
• Neglect;
• Financial abuse;
• Abandonment;
• Isolation;
• Abduction; or
• Other treatment resulting in:
  • Physical harm;
  • Pain;
  • Mental suffering.

It can also arise from deprivation by a caregiver of basic needs or services necessary to avoid physical harm or mental suffering.

Are Elder Abuse and Elder Neglect the Same?

No, they are not the same. Elder abuse often refers to intentional acts that harm or create a risk of harm, regardless of intent, to a vulnerable elder by a trusted person. However, elder neglect is a form of elder abuse and refers specifically to the failure to provide the necessary care, assistance, or attention to an elder. This abuse could be in the form of medical neglect, personal hygiene neglect, or basic necessities neglect.

How Does California Define Physical Elderly Abuse?

In California, under Penal Code 368 PC, California’s elder abuse statute, physical elder abuse is defined as any physical violence inflicted upon someone who is 65 years or older. This abuse can include hitting, slapping, pushing, or causing any other form of physical harm.

Is Elder Abuse the Same as Domestic Violence in California?

While elder abuse and domestic violence share similarities, as both involve harm or threats of harm within a trust-based relationship, they are not the same. Domestic violence typically involves harm or threatened harm between intimate partners.

Elder abuse, on the other hand, refers to maltreatment targeting an individual aged 65 or older, which can be perpetrated by caregivers, family members, or others. If you have more questions, a family law attorney can help you understand the differences.

Is It Required to Report Elder Abuse?

In California, the protection of elderly individuals is a priority, and as such, the state has established laws to ensure that instances of elder abuse are promptly reported and addressed. There’s a specific group of people who have a special duty to report any signs or suspicions of elder abuse. These people are known as “mandated reporters.”

Mandated reporters include professionals who regularly work with or care for the elderly. Some examples are caregivers, whether they are in a residential facility or provide in-home care, health practitioners such as doctors and nurses, and employees who work at nursing homes or adult care facilities. Their close and consistent contact with the elderly puts them in a unique position to notice signs of abuse that others might miss.

When these professionals either know about or just suspect that an elder is being abused, they have a legal duty to report it. This means they can’t just keep it to themselves or hope someone else will handle it. The state expects them to take action.

If they don’t report it, they could face significant consequences. California takes the protection of its elderly population seriously. As such, failure to report known or suspected elder abuse can lead to penalties. These might include fines or even potential jail time, depending on the circumstances. Additionally, professionals might find their licenses or certifications at risk, affecting their ability to work in their chosen field.

How Do I File a Complaint Against Elder Abuse?

To report elder abuse in California, you can:

Contacting the Local Adult Protective Services Agency

Adult Protective Services, often referred to as APS, plays a critical role in protecting seniors from abuse. Each county in California has its own APS agency responsible for investigating reports of maltreatment involving elderly residents.

If you suspect that an elderly person you know is being abused, neglected, or exploited, reach out to your local APS. They have trained professionals who assess the situation, conduct investigations, and offer services and resources to help protect and support the elderly.

Remember, you don’t need concrete proof to report elder abuse; even suspicions based on observations or conversations can be sufficient for APS to take a look. An elder lawyer in California can help you make a report if you are unsure about doing so yourself.

Reaching Out to the Local Long-Term Care Ombudsman

Long-term care facilities, such as nursing homes or assisted living centers, are meant to be safe havens for the elderly, offering care, supervision, and support. However, sometimes, abuse or neglect can occur within these establishments.

In such cases, the local Long-Term Care Ombudsman becomes a vital point of contact. The Ombudsman program is specifically designed to address concerns related to long-term care facilities. Ombudsmen are advocates for residents of these facilities, ensuring their rights are upheld and their well-being is prioritized.

If you believe that a resident is being abused, neglected, or mistreated in any way, contacting the Ombudsman can trigger an investigation and lead to protective actions if needed.

Dialing 911 for Immediate Danger or Life-Threatening Situations

Safety always comes first. If you ever witness or become aware of an immediate danger or a life-threatening situation involving an elderly person, time is of the essence. In such critical situations, the fastest way to get help is by calling 911.

Law enforcement and emergency medical personnel can be dispatched quickly, ensuring immediate action to protect the elder and address the threat. Remember, in pressing situations, every second counts. Always prioritize calling for emergency assistance before considering other reporting avenues when the situation demands urgent attention.

What Is the Punishment for Elder Abuse?

Under Penal Code 368 PC, the punishment for elder abuse depends on whether the crime is charged as a misdemeanor or a felony. A misdemeanor conviction is punishable by imprisonment in county jail for up to one year and can include a fine of up to $6,000. A felony conviction is punishable by custody in state prison for 2, 3, or 4 years and can include a fine of up to $10,000.

Elder abuse is a serious offense that can have lasting consequences for both the victim and the perpetrator. If you or someone you know is accused of elder abuse, it is important to consult with an experienced California attorney as soon as possible.

Does California Apply Enhanced Penalties to an Abusing the Elderly Conviction?

Some factors that are considered for elder abuse sentencing in CA are:

• The age of the victim;
• The extent of the victim’s injuries;
• The manner in which the alleged abuse occurred;
• Whether the victim sustained great bodily injury or died from the abuse;
• Whether the defendant had a legal duty to care for the elder; and
• Whether the defendant exhibited conduct that was likely to produce great bodily harm or death.

Depending on these factors, the court may impose additional penalties or enhancements, such as:

• An additional three to seven years in state prison if the victim sustained great bodily injury or died from the abuse;
• A felony strike on the defendant’s record if the victim sustained great bodily injury or died from the abuse;
• Counseling sessions for the defendant, if ordered by the court;
• Restitution to the victim or their family for any losses or damages caused by the abuse.

Do I Need an Attorney if I Am Charged With Elder Abuse?

Absolutely. If you are charged with elder abuse, consult with an attorney. They can provide legal advice, help protect your rights, and represent you in court.

If you or a loved one are facing charges or concerns related to elder abuse, don’t navigate the legal system alone. LegalMatch can connect you with a qualified California elder law attorney who can advocate on your behalf.