Understanding the Laws of Elder Abuse

Laws are in place to assist in safeguarding senior citizens from mistreatment and to hold offenders accountable. The Elderly Justice Act and the Older Americans Act are two examples of regulations the national government has established to support services that identify, stop, and intervene in incidents that can be interpreted as elder abuse cases.

The laws also state the amount of penalty that should be charged incise of an elder abuse claim. While the Elder Justice Act is the first federal statute to pay for elder mistreatment protection and assistance programs directly, the Older Americans Act primarily finances activities that help elders keep their freedom. Most laws that safeguard older adults from abuse have been adopted nationally.

Types of abuses and negligence reported among elder persons in California

In California, elder abuse includes physical abuse, financial exploitation, neglect, and isolation. Elder abuse is also defined as any act or omission which results in physical or emotional harm to an elder person.  The California law classifies physical abuse as acts that include assault, battery, sexual abuse and other forms of maltreatment.

Financial exploitation is defined as the illegal or improper use of an elder’s funds, property or resources. Neglect can include a caregiver’s failure to provide adequate medical care, nutrition or hygiene for an elderly person. Isolation refers to any act that prevents an elder person from socializing or communicating with others.  

How to prevent elder abuse

A variety of circumstances can raise or lessen the likelihood of committing and experiencing elder abuse. To avoid elder abuse cases, we must first recognize and tackle the elements that expose individuals to the danger of violence or safeguard them from it.

• Give assistance to overwhelmed carers, such as assistance from friends and family to improve mental well-being.
• Discuss mistreatment with caregivers and physicians. Nursing home managers and healthcare staff constitute the initial lines of defense for elder abuse, and they should be informed of the concerns as well as able to spot indicators of abuse.
• Avoid isolating elders from friends and family. Urge them to be socially engaged, to continue participating in activities or hobbies they like, and to remain part of a supportive group.
• Make elder abuse lawyers available to help the elders with making their claims to the court.

Where to report in case you witness elder abuse scenario

The California Law, and in particular the Elder Abuse Reporting Act (EARA), mandates that all individuals who witness or have knowledge of elder abuse must immediately report the abuse to local law enforcement and/or Adult Protective Services. The EARA also requires any person who knows or has reasonable cause to suspect that an elder is being subjected to physical abuse, financial exploitation, neglect, or isolation to make the report.

Reporting elder abuse is a critical step in protecting those who are abused and ensuring that abusers are brought to justice. If you witness or have knowledge of elder abuse, please do not hesitate to report it to local law enforcement or Adult Protective Services.  The California Penal Code provides a number of criminal penalties for those who fail to report elder abuse. You may also be able to file a civil suit seeking damages. If you have any questions about reporting elder abuse, please contact an experienced attorney.

Elder abuse laws

• The Law finds and asserts that individuals admitted as hospitalized patients to a 24-hour treatment center deserve special consideration and defense, as do elders, adults with mental or physical illnesses or other constraints that prevent them from carrying out routine activities or asserting their rights.
• With regard to the assets or personally identifiable information of that older or dependent adult, a caregiver who breaches any legal requirement outlawing theft, embezzlement, forgery, or fraud, or who does so in violation of Section 530.5 outlawing identity theft, would be punished as follows:

1. By a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or by a fine of not more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is worth more than nine thousand dollars ($950)
2. By a fine of not more than one thousand dollars ($1,000), imprisonment in a county jail for not more than one year, or both, if the moneys, labor, products, services, or real or personal property taken or gained are worth less than nine hundred fifty dollars ($950). Elder abuse lawyers are important in such cases to ensure the elders receive the appropriate compensation.

• An individual responsible for the false imprisonment of an older or a vulnerable adult via the use of assault, threat, fraud, or deception is penalized by prison for two, three, or four years under subsection (h) of Section 1170.

Understanding elder abuse reporting in your state is crucial. Some, if not all, people who have reason to believe that an individual who qualified for services under the Act has suffered violence as described in the statute are obligated to report.

Consult an Attorney

It can be difficult for you to understand the laws governing elder abuse in California especially if you are not a lawyer. If you are unsure whether or not you should report an elder abuse situation, please contact an experienced attorney. An attorney can provide guidance on the best way to protect yourself and your loved ones from abuse. You can also find helpful resources on our website, such as information about how to make a report of elder abuse. 

Moreover, if you are the victim of elder abuse and would like to report the incident, please contact local law enforcement or Adult Protective Services. You may also be able to file a civil suit seeking damages. If you have any questions about reporting elder abuse, please contact an experienced attorney. Thank you for your attention to this matter.