California residents deserve comfort and loving care throughout their retirement years. Sadly, these older adults are vulnerable to abuse, whether they’re living alone, with family members, in an assisted living center, or in a nursing home. But while you might suspect abuse, proving it isn’t always easy.
At Susan Kang Gordon, A Professional Law Corporation, our elder abuse attorney in the San Francisco Bay Area helps victims of elder abuse and their loved ones collect evidence of abuse in order to seek justice.
Here, we'll explore what constitutes elder abuse in California and how to prove elder abuse and build a strong case. We'll also discuss the legal options available to victims and their families, and provide guidance on when and how to take action.
Understanding Elder Abuse in California
While any type of physical abuse is illegal in the United States, California has passed laws specifically to fight elder abuse. The most important is the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which outlines legal protections for elderly and dependent adults who have suffered abuse, neglect, or exploitation.
What Is Elder Abuse in California?
The EADACPA defines elder abuse as the mistreatment or neglect of a person aged 65 or older. It can occur in various settings, including private homes, nursing homes, and assisted living facilities. The abuse may be carried out by family members, caregivers, healthcare providers, or even strangers.
Types of Elder Abuse
Older adults are vulnerable to many types of abuse and mistreatment:
- Physical abuse: Any form of physical harm, such as hitting, pushing, or inappropriate use of restraints.
- Emotional abuse: Verbal assaults, threats, intimidation, and isolation.
- Financial abuse: Unauthorized use or theft of an elderly person's assets or property.
- Sexual abuse: Any non-consensual sexual contact with an elderly person.
- Neglect: Failure to provide basic necessities like food, shelter, or medical care.
- Medication errors: Administering incorrect medications, giving incorrect doses, or failing to provide necessary medicine.
- Nursing home wrongful death: The untimely death of a nursing home resident, which may be grounds for a wrongful death claim.
- Wandering and elopement: Instances where elderly individuals, particularly those with cognitive impairments, leave a safe environment unsupervised.
- Abandonment: Desertion of an elderly person by someone responsible for their care.
- Wheelchair transfer injuries: Falls, fractures, or other serious injuries resulting from improper handling or negligence during the transfer of elderly individuals to and from wheelchairs.
- Choking death: Fatal incidents as a result of the failure to properly supervise or assist elderly individuals during meals, especially those with swallowing difficulties.
When caregivers neglect or intentionally harm older adults, they should be held responsible.
What Do You Need to Prove Elder or Dependent Adult Abuse?
Here are seven key steps and criteria for proving elder abuse in California.
1. Establish the Victim's Status as an Elder or Dependent Adult
To file an elder abuse claim in California, you must first establish that the victim is either:
- An elder: A person aged 65 or older.
- A dependent adult: Someone between 18 and 64 with physical or mental limitations that restrict their ability to carry out normal activities or protect their own rights.
2. Document the Abuse
To prove that the abuse happened, you need to collect evidence showing that the older person was harmed. This documentation may include:
- Medical records showing injuries or neglect.
- Photographs of injuries or unsafe living conditions.
- Financial records indicating suspicious transactions.
- Witness statements from family members, caregivers, or healthcare providers.
- Journal entries or personal accounts from the victim.
3. Identify the Abuser and Their Relationship to the Victim
Next, you must establish who the abuser is, including how they are connected to the elderly person. The abuser could be a:
- Family member
- Caregiver
- Healthcare provider
- Financial advisor
- Stranger
4. Demonstrate That the Abusive Act or Neglect Occurred
Depending on the type of abuse, you'll need to provide evidence that the abuser was the one who harmed the elderly person. This might involve:
- Testimony from witnesses who saw abuse or neglect.
- Medical evidence of physical injuries.
- Bank documents or video footage showing unauthorized transactions.
- Expert testimony from healthcare professionals or financial experts.
5. Demonstrate Harm or Damages
You must show that the victim suffered harm as a result of the abuse. Proof of this harm could include:
- Photos of physical injuries
- Records of financial losses
- Medical records showing a decline in health due to neglect
- Evidence of the emotional harm the victim suffered, such as their own testimony
6. Show Intent or Recklessness
In some cases, you may need to prove that the abuser acted intentionally or recklessly. This is particularly important in cases of financial elder abuse, where you must demonstrate that the abuser knowingly misused the elderly person's assets.
7. Consult with a Trustworthy Elder Abuse Attorney
A knowledgeable attorney can help you gather the necessary evidence, build a strong case, and guide you through each step of proving elder abuse.
California Elder Abuse Laws: Key Points
Legislators in California have passed laws to address elder abuse. Here are some key points to keep in mind:
- Enhanced remedies: The EADACPA provides for enhanced remedies in elder abuse cases, including the potential to recover attorney's fees in cases of financial abuse.
- Elder abuse statute of limitations: The deadline for civil cases is generally two years from the date the abuse was discovered; financial abuse cases may have longer deadlines.
- Mandatory reporting: Certain professionals, such as healthcare providers and social workers, are mandated reporters of suspected elder abuse in California.
- Broad definition of abuse: California defines abuse broadly to include physical abuse, neglect, financial exploitation, abandonment, isolation, and abduction.
- Protection for good faith reporting: The law protects individuals who report suspected elder abuse in good faith, even if the allegations turn out to be unfounded.
If an older loved one has been abused, bring your concerns to an elder abuse attorney. The attorney can explain how laws like the EADACPA protect elderly people in California and provide a path to justice.
Steps to Take When You Suspect Elder Abuse
If you suspect that an elderly person is being abused, take the following steps:
- Seek safety: If the elderly person is in immediate danger, call 911.
- Report the abuse: Contact Adult Protective Services in your county or the local law enforcement agency to report suspected abuse.
- Document everything: Keep detailed records of any signs of abuse, including dates, times, and specific incidents.
- Gather evidence: Collect any available evidence, such as photographs, financial records, or medical reports.
- Seek medical attention: If there are signs of physical abuse or neglect, ensure the elderly person receives proper medical care.
- Hire an elder abuse attorney: An attorney can help you understand your legal options and explain how to prove elder abuse.
When you work with a California elder abuse attorney, you can rely on them to advocate for your loved one.
Legal Options for Elder Abuse Victims in California
The legal system offers several forms of protection for elder abuse victims and their families, including lawsuits, restraining orders, and conservatorships.
Civil Lawsuits
A civil lawsuit allows victims to seek compensation for damages resulting from the abuse. These can include:
- Medical expenses
- Pain and suffering
- Financial losses
If a loved one dies because of elder abuse, certain family members have the right to file a wrongful death lawsuit against the person or organization responsible.
Criminal Charges
In severe cases of elder abuse, the government may file criminal charges against the abuser. While a criminal case doesn't directly compensate the victim, it can lead to penalties for the abuser and help prevent them from harming someone else.
Restraining Orders
A victim of elder abuse can seek a restraining order to protect themselves from further harm. This option can be particularly useful in cases of physical or emotional abuse.
Conservatorship
In some cases, an older adult’s loved ones might establish a conservatorship to protect their assets and well-being. This may be the best option for older people who are no longer about to make decisions for themselves.
The Role of an Elder Abuse Attorney
Proving elder abuse in California may take some hard work and legal acumen. These are just a few of the tasks an elder abuse attorney performs:
- Evaluate your case: Review the facts, assess the strength of your case, and advise you on the best course of action.
- Gather evidence: Collect the most helpful evidence to support the claim and present it effectively.
- Manage legal procedures: Submit paperwork, deal with court deadlines, and take on the often complicated legal procedures involved in elder abuse cases.
- Negotiate settlements: Advocate for fair compensation on behalf of the victim.
- Represent the victim in court: Draw on their experience and litigation skills to present the case in front of a judge or jury if negotiations fail.
Dealing with the abuse of a loved one may be draining you emotionally. Another important reason to hire an elder abuse attorney is the compassionate support and clear guidance they offer their clients.
Don't Let Elder Abuse Go Unchallenged
If an older adult has been harmed, it’s time to take action. At the Law Office of Susan Kang Gordon, we pursue justice for victims of elder abuse. Together, we can stand up for vulnerable older adults and work toward a safer, more respectful environment for all seniors in California. Get in touch today for a free, confidential consultation.
