What You Need to Know About Elder Abuse Laws in California
Elder abuse can take different forms and jeopardize the health of an elder. Here’s what you need to know about elder abuse laws in California.
California’s statutes outline the different civil and criminal charges for elder abusers. California also requires specific individuals to report any potential case of elder abuse.
What is Elder Abuse?
California considers residents 65 years and older as an elder. The Welfare & Institutions Code §15610 also defines elder abuse as “physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering to an elder.” Elder abuse can also take the form of a caregiver depriving an elder of their needs (medicine or medical services), resulting in physical or mental health deterioration.
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Elder Abuse Laws in California
Based on California’s statutes, elder abuse can result in civil and criminal charges.
The Welfare & Institutions Code outlines the definitions of the different types of charges for elder abuse, including:
- Physical abuse,
- Psychological abuse,
- Financial abuse,
- Neglect,
- Isolation,
- Abandonment,
- Abduction, and
- Undue influence.
California classifies three forms of abuse: physical, psychological, and financial. Physical abuse is when an individual inflicts physical pain, causes an injury, sexually assaults, and/or uses unreasonable restraints (physical or chemical) on another person(s). Psychological abuse can take the form of coercion, harassment, or infliction of mental pain to an individual. Financial abuse involves mismanaging or controlling an elder’s money or assets.
Prosecutors can charge a caregiver for neglect of an elder if they fail to provide the elder with food, water, a safe shelter, personal hygiene products, medications, and any other basic needs. While isolation is similar to neglect, it is also a separate charge. Isolating an elder involves purposely denying them access to visitors, phone or other electronics, and mail.
Individuals that abandon or abduct elders can also face criminal charges. Abandonment is purposefully leaving an elder on their own. Abduction is when an individual takes an elder to another state without the permission of a conservator. In California, a court appoints a conservator to oversee an individual’s daily life with physical or mental limitations.
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How to Recognize Elder Abuse
Every county in California has an Adult Protective Services (APS) department that investigates reports of elder abuse. To be connected to your county’s APS, call 1-833-401-0832 and enter your five-digit zip code when prompted. The hotline is available 24 hours a day, seven days a week. In emergency cases, call 911.
These are some signs and indicators an elder may be experiencing harm or abuse. If an elder is suddenly experiencing malnutrition, dehydration, strange bruising, broken or fractured bones, or dramatic weight loss, these can all be indications of physical abuse. Some signs of psychological abuse can include confusion, depression, sudden anxiety, or fear of talking to others.
Financial abuse can include missing money, increased withdrawals from accounts, sudden changes to wills, property titles, or other legal documents, and missing jewelry or other items from an elder’s home.
APS also warns individuals to look for changes in the caregiver’s behavior, such as increased anger, aggression, or indifference with an elder, not allowing the elder to speak for themselves, or having a history of substance abuse, gambling problems, or violent behavior.
Mandated Reporting in California
California has mandated reporting laws requiring designated individuals to contact the authorities if they suspect abuse or harm to an elder.
Elder abuse mandated reporters include:
- Secondary caretaking family members,
- Doctors and healthcare providers,
- Caregivers,
- Social workers,
- Financial advisors,
- Police officers, and
- Clergy members.
California requires mandated reporters to file a report detailing the crime within two business days. A California court can charge mandated reporters who fail to file a report with a misdemeanor, including jail time and massive fines.
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