Simone Lawson
Elder abuse is a serious issue in California, with the state enacting laws to protect seniors and hold abusers accountable. Elder abuse is defined as intentionally acting or failing to act in a way that causes harm to an adult over the age of 60 or 65, depending on the source. California law outlines punishments for elder abuse, which can be both criminal and civil in nature. Criminal elder abuse occurs when a person knows the victim is elderly and willfully causes physical or mental suffering or endangers their health. Civil law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, or other harmful treatment. Doctors and healthcare workers are considered mandatory reporters of elder abuse and must report any actual or suspected cases immediately. Failure to do so can result in fines or jail time.
| Characteristics | Values |
|---|---|
| Elder abuse definition | Intentional act or failure to act that causes or creates a risk of harm to an older adult |
| Age criteria | 60 years or older; or 65 years or older; or 18-64 years with physical or mental limitations |
| Types of abuse | Physical, neglect, financial, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering |
| Physical abuse indicators | Malnutrition and/or dehydration, bedsores, unexplained weight loss, suspected physical injury, bruises, skin tears or broken bones or teeth |
| Neglect abuse indicators | Failure to provide medical care, protect from health and safety hazards, prevent malnutrition or dehydration, provide adequate personal hygiene, clothing or shelter |
| Financial abuse indicators | Fraudulent financial investment, extorting money from an elder, or anyone who stands in a position of trust and uses that to their advantage |
| Isolation abuse indicators | Preventing contact with others by refusing calls, mail or visitors |
| Abandonment abuse indicators | Willfully forsaking an elder |
| Punishments | Up to a year in county jail and a fine of up to $6,000; if abuse causes significant bodily injury, the punishment is three years in state prison if the victim is under 70 and 5 years if the victim is over 70 |
| Failure to report | Misdemeanor; punishable by a fine of $1,000 or up to six months in jail, or both |
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What You'll Learn
Physical abuse
In California, elder abuse is a criminal offence under Penal Code 368, and it can also be pursued as a civil matter under the California Elder Abuse Act. Elder abuse is defined as the intentional act or failure to act that causes or creates a risk of harm to an older adult. In California, elders are defined as individuals 60 years or older, and the law also applies to dependent adults, defined as those between 18 and 64 years old with physical or mental limitations affecting their ability to perform everyday activities or protect their rights.
Healthcare workers and staff of public and private care facilities are mandated reporters and are required by law to report suspected incidents of elder abuse to the appropriate authorities. They must report such incidents immediately by phone, followed by a written report within two working days. For elder abuse involving serious bodily injuries, law enforcement must be contacted within two hours, and the incident must be reported to the ombudsman within 24 hours. Failure to report elder abuse is considered a misdemeanour and can result in fines, jail time, or both.
The punishments for perpetrators of elder abuse in California depend on the age of the victim and the severity of the abuse. For inflicting physical or mental pain, a perpetrator faces up to a year in county jail and a fine of up to $6,000. If the abuse causes significant bodily injury, the punishment is more severe, with three years in state prison if the victim is under 70 and five years if the victim is over 70.
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Mental abuse
California has enacted the California Elder Abuse Law, a combination of criminal and civil statutes, to ensure abusers of older adults are held accountable. Elder abuse is when a caregiver or trusted person harms an older adult or puts them at risk of harm.
The state recognizes that elder abuse can take various forms, including emotional and financial abuse, in addition to physical abuse, neglect, abandonment, isolation, and other treatment causing bodily harm or pain. The California Penal Code Section 368 (PC 368) covers physical, emotional, and financial forms of elder abuse, treating it as a "wobbler offense," meaning it can be charged as either a felony or a misdemeanor.
Instances of mental abuse can include failure to provide medical care for mental health needs, failure to protect from health and safety hazards, and failure to prevent malnutrition or dehydration, which can all contribute to mental suffering.
It is important to note that elder abuse cases in California are rarely prosecuted as criminal matters, and most victims and their families pursue damages through civil lawsuits. The Elder Abuse and Dependent Adult Civil Protection Act covers virtually all forms of elder abuse, and designated organizations such as adult protective services agencies, long-term care ombudsmen, and local law enforcement agencies are responsible for investigating reports, taking necessary actions, and correcting the situation.
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Financial abuse
Financial elder abuse in California refers to the illegal or improper use of an older adult's funds, property, or assets by a caregiver, family member, or other trusted individuals. This form of abuse can devastate the victim's financial stability and overall well-being. It is a growing concern in today's society, as it involves the unauthorised and unethical exploitation of an older individual's financial resources.
Financial elder abuse can manifest in various ways, including theft, fraud, forgery, and undue influence. Perpetrators may deceive elderly individuals into signing over property or assets, manipulate them into making inappropriate investments, or simply steal money from their accounts. In some cases, the abuser may coerce the victim into changing their will or estate plan to benefit the abuser. Financial abuse can be perpetrated by anyone who has access to an older adult's financial resources, including financial advisors and healthcare providers.
To prove elder abuse in California, sufficient evidence must be gathered to support the claim. This may include documentation of financial transactions, such as bank statements, receipts, and contracts; medical records and expert opinions that corroborate the harm caused; and testimonies from witnesses, caregivers, or family members who have observed the abuse. Recognising the signs of financial elder abuse and taking action is crucial for protecting the rights and financial security of vulnerable individuals.
In California, financial elder abuse is addressed through various legal avenues and protective measures. The state has strong protections for older adults, including the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) and the Elder Abuse Act, which protect individuals aged 65 and older from financial exploitation. Mandated reporters, such as healthcare providers and financial institution employees, are required by law to report suspected cases of financial elder abuse to Adult Protective Services (APS) or local law enforcement. Victims of financial elder abuse can seek restitution and compensation for their losses, including the return of stolen assets and financial damages. Additionally, civil lawsuits can be filed, and criminal charges may be brought against perpetrators, resulting in fines, restitution orders, and imprisonment.
If you suspect financial elder abuse in California, it is important to seek support from trusted professionals, such as attorneys, financial advisors, or counselors specializing in elder abuse. It is also crucial to report the abuse to the relevant authorities, including law enforcement and Adult Protective Services. Additionally, take steps to secure the financial accounts of the affected individual and develop a proactive plan for future financial protection.
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Isolation
In California, elder abuse can be both criminal and civil. Criminal elder abuse occurs when a person knows the victim is elderly and willfully causes or permits the elder to suffer or inflicts unjustifiable physical pain or mental suffering. Civil law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain, or mental suffering.
California has strong protections for older adults who have experienced abuse at the hands of medical providers and caregivers. The state recognizes various forms of abuse, including physical, emotional, financial, and sexual abuse. Victims and their families have several legal pathways to hold perpetrators accountable and recover compensation.
It is important to note that elder abuse laws in California also cover dependent adults and persons with disabilities who may be under 65 years old but are limited in their ability to care for themselves.
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Abandonment
Elder abuse is a serious issue in California, and the state has enacted laws to protect seniors and dependent adults from harm. Under California law, elder abuse can be both a criminal and civil offence, and abandonment is one form of elder abuse.
In California, elder abuse, including abandonment, is covered by the California Penal Code 368 and the California Elder Abuse Act (CEAA). These laws outline the criminal and civil penalties for offenders. Under Penal Code 368, elder abuse is a criminal offence that can result in prison terms if convicted in a criminal court. The CEAA, on the other hand, provides an easier path for victims to file civil suits against their abusers, allowing them to seek compensation and justice even if criminal charges are not pursued.
The California Elder Abuse Act also mandates specific individuals, such as healthcare workers and caregivers, to report suspected or known cases of abandonment or other forms of elder abuse. These individuals are required by law to make immediate reports to the appropriate authorities, ensuring that elders are protected and that abusers are held accountable for their actions. Failure to report elder abuse is considered a misdemeanour and can result in fines or jail time.
It is important to recognise the signs of abandonment and other forms of elder abuse, as it can sometimes be difficult to spot. Indicators may include increased hospital visits, unexplained weight loss, malnutrition, dehydration, bedsores, and physical injuries. If you suspect that an elder is being abandoned or abused, it is crucial to report it to the appropriate authorities, such as Adult Protective Services or law enforcement, to ensure their safety and well-being.
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Frequently asked questions
Elder abuse is defined as intentionally acting or failing to act in a way that causes harm to an adult over the age of 60 or 65. It can be difficult to recognise and includes physical, mental, financial, neglect, isolation, and abandonment abuse.
Elder abuse is a criminal offence in California, and penalties depend on the age of the victim and the severity of the abuse. For inflicting physical or mental pain, the perpetrator faces up to a year in county jail and a fine of $6,000. If the abuse causes significant bodily injury, the punishment is three years in state prison if the victim is under 70 and five years if the victim is over 70.
California law requires certain individuals, such as healthcare workers and staff at care facilities, to report suspected incidents of elder abuse immediately. Any concerned person may also make a report to their county's Adult Protective Services Office or, in an emergency, by calling 911. Failure to report elder abuse is a misdemeanour punishable by a fine of up to $5,000 or a year in jail.
Signs of elder abuse can include malnutrition, dehydration, bedsores, unexplained weight loss, physical injuries, and increased hospital visits. Other indicators may be more subtle, such as conflicting accounts of incidents by caregivers or family members, or attitudes of indifference or anger towards the elder.
