When people age, they reach a point where they rely on others to have a good quality of life. Elderly or dependent adults between the ages of 16 and 64 with physical and mental limitations may require in-home caretakers or move into a nursing home with staff available 24/7, attending to their every medical need and assisting them with their daily routine.

Unfortunately, the people who older people rely on the most to live a decent life are often the ones who perpetrate violence or abuse with the perception that they cannot take legal action. In most cases, that is true, as older people are vulnerable and may feel scared approaching others for help if they’re experiencing abuse. In some cases, where the elderly cannot speak or have a lower cognitive function due to illnesses, they cannot communicate their pain and suffering to their loved ones.

Ehline Law and our elder abuse attorneys understand the physical and mental suffering victims and their loved ones go through in an elder abuse case. We are ready to fight aggressively for the compensation you deserve.

Elder Abuse Statistics

According to the National Council on Aging, an estimated 1 in 10 adults over the age of 65 experience abuse, bringing the total up to 5 million older adults abused in the United States each year. In 60% of all elder abuse cases, the perpetrator is a close relative or a family member, including adult children or spouses.

Types of Elder Abuse

When it comes to elder abuse, many think about the physical abuse perpetrated by an individual on older people. However, elder abuse is a broad term. Generally, it refers to harm or wrongdoing carried out on an elderly or dependent adult, and it can take different forms, including the following.

Physical Abuse

When nursing homes hire staff without conducting proper background checks or giving them the right training, it can lead to physical abuse incidents. 

Older people might act irrationally, given their age, which can frustrate the young staff working at nursing homes, but that isn’t an excuse to abuse them physically. 

Although exerting unjustifiable physical pain is a severe offense and falls under criminal law, victims can pursue a lawsuit in civil courts against the perpetrator to obtain compensation.

Emotional Abuse

An elder or a dependent adult requires nursing homes or caretakers to care for their mental health. However, some caretakers who do not receive proper training emotionally abuse the elder or dependent adult by calling them names, cursing them, or threatening them, instilling fear and distrust. Such actions by the caretakers or the family members perpetrating the abuse can severely affect older people’s mental state.

Sexual Abuse

An elder or dependent adult with medical conditions such as memory loss, confusion, or similar illnesses is often the target of sexual abuse. Older or dependent adults with physical or mental limitations cannot communicate the abuse to their loved ones or the nursing home’s management and become easy victims.

Elder Neglect

The caretaker, whether a nurse at a nursing home or family members at their residence, must ensure that they tend to the elderly’s needs. From providing food and water to bathing and giving timely medications, the caretaker must ensure that the elderly can live a good quality of life. Neglect can cause severe damage to the elderly’s health, causing deterioration and, in extreme cases, death.

Financial Abuse

Physical and emotional abuse are not the only forms of elder abuse. It is unethical and against the law for caretakers to financially exploit older people, who may not have the mental capacity to understand when they’re being used for financial gains. 

Some perpetrators may trick the victim into wiring them money, others may add high costs during billing, and some downright steal from the victim, threatening them of abuse if older people speak up.

Elder Abuse Act

The Elder Abuse Act covers elder abuse on older and dependent adults (aged 18 to 64 who have physical or mental limitations). 

Under the Elder Abuse Act, the victim must have standing before proceeding with a lawsuit, meaning unless the victim dies due to elder abuse, they have the right to sue for damages. However, the Act leaves room for loved ones to pursue a lawsuit on behalf of the victim as, in most cases, the elderly or the dependent adult is either afraid to bring civil claims or does not have the physical or mental capacity to do so.

Elder abuse cases are fragile, and it is crucial to seek the guidance of an experienced California elder abuse lawyer to learn more about the laws and your rights.

Who Can Sue for Elder Abuse in California

Under California law, not everyone has the right to pursue a lawsuit involving elder abuse. It is also important to note that a single suit may have multiple plaintiffs, as elder abuse can have a devastating impact throughout the family, affecting every individual independently.

California law allows the following individuals to sue for elder abuse.

The Elderly

In cases where older people can take action against the perpetrator, they may bring an elder abuse lawsuit against the negligent party to recover damages. 

However, in some situations, they may be unable to bring legal action due to their mental and physical state, which is why the law allows others to assist in filing an elder abuse suit.

Spouses

Under California law, spouses can also pursue an elder abuse lawsuit against the negligent party. 

In cases where they don’t directly bring a civil action, they are still a key player in an elder abuse case as they may have witnessed the abuse perpetrated on their partner and provide a witness statement to strengthen the case.

Family Members

Surviving family members who have power of attorney or have directly witnessed the abuse perpetrated on their loved one can also sue. 

Family members are often the plaintiffs in elder abuse suits where older people cannot bring civil action themselves due to physical or mental limitations.

Heirs

When an elder or dependent adult passes away due to abuse or neglect, the right to sue for elder abuse goes to the personal representative of the deceased elder. If there is no representative, the right to sue goes to the successor to the estate or the heirs.

Heirs can seek legal action against the negligent party where their abusive actions toward the elderly lead to the elderly’s death. Heirs often include children, but they can also include other individuals such as nephews, grandchildren, and nieces.

It can be challenging to pursue an elder abuse lawsuit, and the elder abuse laws are complex, which is why it is crucial to reach out to an experienced elder abuse attorney in California to discuss the case and learn more about your legal options.

Why Choose Ehline Law

Ehline Law is a superior personal injury law firm in California since 2005. We recently expanded our reach to Texas to reach as many injured victims as possible, protect their rights, and provide them with the best legal representation.

Our personal injury attorneys have extensive experience (over 15 years) and a superior track record (more than $150 million in verdicts/settlements). We have the skills, knowledge, and expertise to build a strong case, navigate complex laws, and hold the perpetrator accountable for the damages.

Ehline Law is also an award-winning personal injury law firm with many awards and achievements to our name. We have given interviews on the country’s largest media platforms on legislation such as cruise ship law and dog bite law and have helped draft consumer safety laws. When we take up a case, the other party knows we are a serious force to reckon with.

Schedule a Free Consultation with Ehline Law

If you are a victim of elder abuse or know someone who is an abused or neglected elder, contact us at (833) LETS-SUE for a free consultation.

Big Cities and Elder Abuse Concerns

Nationwide, specifically in New York City, nursing and adult care abuse remains common. Often it’s in the form of emotional mistreatment, physical harm, or financial scams. But civil advocates called elder abuse attorneys to fight for aging people. In particular, they can file elder abuse cases in civil court (learn more). There are also City Attorneys and Prosecutors who prosecute the worst abuses. But the need far outweighs the public resources available to fight it.

What Are Some Facts About Elder Abuse?

After Hurricane Sandy, it only took a short time before Jeanne Zieff, a Staten Island social worker, began seeing the fallout. Before Thanksgiving, Zieff counseled an 88-year older woman who had recently received an $8,000 FEMA check for storm damage.

Sadly, her life as an adult daughter and adult grandchildren made her give them the FEMA check. In another example, Zieff says an elderly grandmother loaned her granddaughter a room in her house. Important here is that the young woman’s basement apartment had flooded. So she needed a favor. But she refused to leave home and caused a lot of mischiefs.

What is the New York Elder Abuse Program?

Five non-profit agencies run city-funded elder abuse programs. Zieff is the elderly abuse program coordinator for the Community Agency for Senior Citizens. Zieff said she discussed the situation with the 88-year-old woman and explained she has the right to say “no.” She did a lot of role-playing with the woman so she would remain firm in asserting herself.

And she told the abused woman to call her first if anyone asked her for any more money. The Staten Island social worker then visited the older woman’s home, where she said the interlopers were not happy to see her. Also, she told the woman’s daughter that the FEMA check was made out to her mother, not her. And she also told the younger woman that her mother uses the money however she wants.

Working The Civil Servant

But according to Ziff, whether there is stormy weather or not, she and several coworkers work on at least 30 cases of elder abuse every month. She said their program is the only program on Staten Island to assist abused senior citizens. The social workers run into issues of physical neglect, financial exploitation, sexual abuse, domestic violence, and verbal and emotional mistreatment.

Even with the groups and agencies uniting to raise awareness of the increasing elder abuse problem and developing strategies to battle it, they are at risk. These programs’ funding was recently subject to cuts, even though they were once assumed to be included in the city budget. They are now faced with yearly campaigns to renew their contracts.

One agency director said this means operating for months without the help of city money. We have all heard the stories of attorneys being forced to hire their court reporters and the shortened workweeks of the public employees of Los Angeles County and the State of California. It is no different in the State of NY either, says nursing abuse lawyer Michael P. Ehline, Esq.

Under Funding of Senior Centers

The director of public policy for the Council of Senior Centers and Services, Bobbie Sackman, said that the programs now receive $800,000 a year in discretionary City Council funding for approximately 300 senior centers in five boroughs. Sackman said they are severely under-resourced when looking at the size of the area that must be covered and the intensity of the cases.

The Under-Reported Crisis

Social workers operate with a small staff and modest funding while facing rising caseloads. The social workers are conducting intensive casework. And in some instances, it means listening for hours in counseling sessions. They also make daily home visits, accompany clients to court hearings and the bank, and stay in touch with other agencies.

One of the agencies includes the Adult Protective Services or NYPD. They also hold outreach sessions for senior centers, first responders, police precincts, religious organizations, hospitals, bank tellers, and others to educate them on the signs of elder abuse and how to get help or make referrals.

Elderly Abuse a Public Epidemic?

The professionally trained workforce remains the eyes and ears for the city’s elder abuse problem. So they can work with the emotional and practical side skillfully. Plus, they can help provide support and other needed help.

The director of the elder abuse and police relations unit at the Carter Burden Center for the Aging on Manhattan’s Upper East Side, Ken Onaitis, said one coworker and he covers half of Manhattan. He said they manage between 40 and 50 ongoing cases. Plus, he said they take on approximately 15 new patients every month. Those who work with senior citizens claim that Elder abuse is a hidden public health crisis. They say no class or ethnic group is immune to this type of abuse.

Unreported Cases

Zieff says that this is one of the most under-reported crimes. He asserted that approximately ninety percent of the time, the senior’s children commit the crime. She said when your child commits a crime; it involves many issues. She said the first is denial, and then the older adult does not want to tell their child is stealing from them. There is a feeling of embarrassment and the urge to protect them.

In New York state in 2010, a study was conducted on the prevalence of elder abuse carried out in part by the city’s Department for the Aging. They determined that for every elder abuse case known to the elder abuse service system, as many as 24 points go unreported.

In New York City, approximately nine percent of the residents are age 60 or older, which equals about 120,000 seniors who experience some form of elder abuse within a year. The study found that older seniors suffered a higher rate of elder abuse at approximately 14%.

Likely To Increase

The number of abuse incidents is likely to rise, with the aging population living longer and the baby boomers joining the seniors’ ranks. There are almost a million New Yorkers in the city; approximately 12% of the people are 65 or older, with nearly 900,000 that will join that age bracket, within the next decade, from the 2010 census data.

Seniors – Children as Perpetrators?

According to experts, the most common form of mistreatment is financial exploitation. And theft like this has only increased with a lack of civility, a less mighty dollar, and greed. Philanthropist Brooke Astor was in the headlines in 2009. This happened when her son was convicted of financial elder abuse. It was alleged that some stole her $200 million fortune. So, in that case, there was theft. But he also failed to provide her with adequate medical or general care.

Elder abuse workers often see seniors whose children take their monthly social security checks or make extra money while using their parent’s ATM cards. Evelyn Laureano, executive director of the Neighborhood Self-Help by Older Persons Project (SHOPP) in the Bronx, a city-funded elder abuse program, said seniors often come forward to seek help.

But many are not doing it not because of the abuse, but rather due to a symptom of it. For example, let’s take a utility shut-off notice or an impending eviction. Caseworkers are trained to look for specific markers. For example, why can’t a senior receiving $1,200 monthly pay their $500 monthly rental payment?

The elder program employees see a range of elder abuse cases and say it is as complicated as “any family and as diverse as New York itself.” They stated that “typical” examples could also vary by borough. Historically, Onassis says people have been attracted to Manhattan from all over the country.

And many have settled independently as adults. Many were single, with few friends or family outside the area. These seniors will often find a roommate to help cut expenses. And when the situation turns sour, the roommate will not leave, he said.

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Beware the “New Best Friend”

Another situation is the “new best friend,” a person who will initially offer care, but then either absconds with money or becomes abusive. This remains a familiar dynamic with gullible seniors.

An example is where the senior believes the abuser is the only thing keeping them from going to a nursing home or is dependent on the abuser for some care, according to case managers.

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Educating Victims to Refuse to go along with Mistreatment

Laureano said that the alleged abusers are often the adult children of the seniors who have a dependent relationship with their elderly parents. Scenarios include a recently divorced son or a relative with a substance abuse problem. Few elders, single-income moms, dads, or close family members will refuse shelter for an unemployed, homeless relative in need.

Other examples of mental illness exist. For example, an adult child completes a short-term stay in a psychiatric hospital. But they are later discharged to their mother’s care. However, the mother is 89 years old. Laureano said that fragile seniors often seek protection from the child’s violent temper in such cases.

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The Various Examples are Sad

Domestic violence is another issue involving a partner and takes all forms. One example is Bronx resident Carolyn Vonwhervin, who had been married to her husband for 41 years. As she described it, his behavior worsened two years ago.

For all these years, her husband was “very kind,” she said. But as he aged, he began shouting accusations and using profanity. The tirades worsened. Vonwhervin said it would come out of the blue, and she had no idea why. One day her husband became frustrated. So, in that case, he punched her in her stomach after he could not find something he was looking for.

Carolyn Vonwhervin said she felt like a lost person, and nothing like this had ever happened. Vonwhervin found SHOPP’s elder abuse Violence Intervention and Prevention program. He does so through referrals where the social worker and program director, Nereida Muñiz, assisted her in developing a safety plan.

The plan was a borrowed strategy from domestic violence programs. And this also included having an idea of where to go if her husband became violent and called 911. Muñiz accompanied Vonwhervin to family court to obtain an order of protection and discussed finding safe housing.

And later, Vonwhervin’s husband received a diagnosis of Alzheimer’s disease, prostate cancer, and dementia. Once medicated, his demeanor calmed down. So she was able to return home to care for him. But she needed the help of a home health aide until his death.

Eslyn Rawlings, age 71, is another person Muñiz recently began working with, who called 911. Rawlings said she had a bad day with her husband and is now receiving help for verbal and emotional abuse that she says went on for over 30 years.

Her husband has not commented on the violence. And this was the first time Rawlings mentioned her marriage problems. But she was delighted to get help. She said that the “Lord” provided someone to listen to her. Now she no longer feels alone.

Elder Isolation and Why it Hurts So Bad?

According to Zieff, the words of these women, the abuse is very isolating. Social workers in these programs use supportive counseling and listen but prioritize physical safety; they say they work from the “strengths perspective.”

Onaitis said clients are asked to talk about the good things in their lives. Also, they are interrogated as to any problems they have experienced. The test is how they would handle the situation now, as opposed to how they dealt with these cases in the past.

They work on self-esteem building, not just calling the police to remove the abuser. So then they can come right back in the door, he said. A large part of what these agencies provide is practical assistance.

Social worker Muñiz stated in the Bronx, she hwasable to have seniors’ bank accounts restored by the bank when they reviewed the ATM camera footage. They have often seen it was not the account holder but an old customer making the withdrawals.

Public and Private Helpers?

There is a citywide push to combat and the prevention of elder abuse. Several non-profit and government organizations 2009 formed the New York City Elder Abuse Center. This network responds and works in partnership with complex elder abuse cases with expertise.

The Manhattan District Attorney’s office, in 2010, restructured its elder abuse unit, which now says it prosecutes approximately 700 elder abuse cases every year. The district attorney’s offices in Brooklyn and the Bronx also have elder abuse task forces.

For the first time, the City Council members could choose elder abuse as a topic to make educational pamphlets that they distribute to constituents. The brochures’ information provided an informative tone on what elder abuse is and where they could call for help and included the brochure’s five city-funded agencies.

Council Member Jessica Lappin said they want people to realize that elder abuse is more common than they think. She needs them to have the strength to report it when it happens to them or someone they may know. Lappin has chaired the Council’s Aging Committee since 2010.

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Agency and Community Commitment

According to Sackman, forming a “community watch,” which observes, identifies, and reports potential cases of elder abuse, and more public awareness is essential in battling elder abuse in the city. She has also requested that the City Council make funding elder abuse programs automatic rather than being subject to annual contracts.

Sackman asked if it is fair to question the commitment and if the money should be in place already. Lappin said that there is no real opposition to the base-lining of funding. Also, she would like to see the Council restore the base-lined status funding.

Conflicting Priorities

She said that everyone realizes the importance of these programs. But conflicting priorities remain. For example, we need to balance budgets. The fiscal reality remains. She said since 2009, the city’s Department for the Aging has seen significant budget cuts. And the amounts fell on senior citizen centers and other programs like Meals on Wheels.

Lappin admitted that it took the hurricane to highlight the importance of these services. And he said that Meals on Wheels volunteers carried food up many flights of stairs to seniors. These are those who were not generally on their routes. But last year, baseline funding was restored to senior centers.

But she believes it is too early to determine what will happen with this year’s budget. She said, especially with the hurricane, which will have a significant impact on the overall budget.

Zieff continues her work currently and stated that they were hard-hit by Hurricane Sandy. She says they believe they will see more exploitation of the elderly and people will be moving in with each other; she said she shudders to think what will occur with that happening.

Los Angeles has a history of taxing and spending with a lot of waste and corruption. We have seen businesses leaving our state in droves. Social service expenses have even forced a reduction in public court services. So filing fees have risen, and court reporters are no longer automatically provided to record official proceedings. One can see many parallels to what is happening in New York.

Other Sources:

/elder-abuse-gullibility-seniors-scams/

When you choose a nursing home for your loved one, you most likely research the facility and the care they provide. However, despite your efforts, nursing home abuse is rampant in the United States, with the National Council on Aging estimating one in every ten elderly suffering from abuse.

Elder abuse is not limited to nursing homes but can also occur at assisted living facilities or carried out by caregivers responsible for providing care to the elderly. It could even be your family member!

Ehline Law and our California elder abuse attorneys work with victims and family members in protecting the rights of the abused elderly and getting them the help and compensation they deserve. We understand how elder abuse goes unnoticed, so we’ve put up a guide to explain the seven important types of elder abuse you should watch out for.

7 Types of Elder Abuse

Neglect

This type of abuse occurs when the caregiver fails to provide the necessary services to the elderly. These types of elder abuse are not honest accidents but intentional acts of complete disregard for human lives, which can potentially endanger the elderly, leading to injuries or, in worse cases, wrongful death.

Dehydration, poor personal hygiene, malnourishment, untreated infections or illnesses, and sudden drop in weight are among the many symptoms of elder neglect.

Physical Abuse

Physical abuse is an intentional act carried out by the caretaker (the nursing home staff or the family members) to inflict physical pain and suffering onto the elderly using physical force. It involves hitting, slapping, pushing, scratching, bruising, physically restraining, and other forms of physical violence that can lead to injuries or, in worse cases, death.

Besides, family members, friends, or even other residents at the nursing home can physically harm the elderly. Physical abuse can either be a one-time incident or a regular occurrence. Since elderly people have weak bodies, even minor physical contact can lead to wounds or long-term health problems.

Physical abuse can also be an assault and falls under intentional tort, which is a serious offense under the criminal justice system. Injured victims or family members of the elderly suffering abuse can also pursue an elder abuse lawsuit against the perpetrator to recover compensation.

According to a 2017 study by the World Health Organization, 9.3% of nursing home staff admitted to physically abusing a resident at least once during their employment. The United States Justice Department revealed that one in 20 elder abuse cases reported to law enforcement authorities involves physical elder abuse. What’s shocking is that the Office of Women’s Health claims that a spouse or a romantic partner often perpetrates physical elder abuse.

There are several causes of physical elder abuse perpetrated by caregivers, including alcohol or substance abuse, criminal history, mental illness (getting pleasure in inflicting pain on others), history of childhood abuse, and stress, among others.

When looking for signs of physical elder abuse, the first thing to examine is the elderly’s body. Common symptoms of physical elder abuse include cigarette burns, broken bones, bruises, hair or tooth loss, sprains, and head injuries.

Besides physical symptoms of elder abuse, there are also emotional signs that you should look out for, and these include:

• The victim’s inability to explain injuries
• A strained relationship between the victim and their caregiver
• Isolation and social withdrawal

Sexual Abuse

Often, elders suffering from medical problems such as Alzheimer’s, inability to communicate, or other cognitive illnesses are vulnerable to sexual abuse. Since the elders suffering from such diseases cannot communicate sexual abuse, this kind of abuse is often underreported and underresearched.

Sexual abuse includes sexual penetration, inappropriate touching, or other sexual contacts without the person’s consent.

An elderly may suffer from physical and behavioral problems following a sexual encounter, and some of the signs you should look out for include the following:

• Pelvic injury
• Difficulty walking or sitting down
• Bruises around the genital area
• Torn or stained undergarments
• Unexplained vaginal or anal bleeding or irritation and pain in the genitals
• Panic attacks
• Social and emotional withdrawal
• Suicide attempts
• Symptoms of sexually transmitted diseases.

According to research studies carried out by the National Institute of Justice, the oldest victims are least likely to report elder sexual abuse or aid in the conviction of the perpetrator. This often happens when there are no signs of trauma on the body, which leads the victims to believe that no one will believe in their story.

Since sexual elder abuse is often underreported and underresearched, there is little known about the perpetrators and how they carry out these crimes. Family members, nursing staff, friends, other residents, and caregivers can be perpetrators of such a heinous crime. Sometimes, the abuser uses anesthesia or other intoxicants to subdue the victim before sexually abusing them.

Abandonment

The law defines elder abandonment as purposely deserting a person over 65. Abandonment, often confused with neglect, occurs when the person responsible for caring for the elderly suddenly abandons them. They may leave them at a nursing home without any formal arrangement or with elderly friends or family members who did not agree to take care of the older person. It can even involve leaving the elderly person out on the streets.

The caregiver may abandon the victim perhaps because they feel that taking care of them is a burden or they do not have the resources to provide care. Whatever the cause of abandonment, it can cause the victim serious confusion, leading to despair.

The signs of elder abandonment include the elderly alone, completely confused, lost, or scared, having poor personal hygiene, and seeming malnourished or dehydrated.

Emotional or Psychological Abuse

In 2020, the World Health Organization carried out research that revealed that one in three nursing home staff members admitted to emotional or psychological abuse at least once during their employment tenure. 67% of all elder abuse victims involve women.

Psychological abuse or emotional abuse are intentional acts of perpetrating mental suffering, distress, or pain. It also includes instilling fear in the victim by threatening them of using violence or ensuing physical abuse.

Emotional elder abuse may be as little as calling the elderly names or cursing them or as significant as scaring them to cut off all interactions with their loved ones. Although emotional abuse does not leave physical marks on the elderly’s body, it does have a devastating impact on their mental health which can lead to a post-traumatic stress disorder, depression, or other mental health conditions.

Financial Abuse

Financial abuse is one of the most common types of elder abuse. Elder financial abuse is when someone illegally or improperly uses an elder’s (aged 60 or older) money or belongings for personal use. According to the National Council on Aging, financial abuse causes victims over $2.9 billion annually in the United States, often carried out by family members, friends, or caregivers.

Elders are a vulnerable group that may put their trust in people who may not have their best interests at heart. Adult children are most likely to exploit the elderly financially, but it can often happen at nursing homes or assisted living facilities where caregivers may steal checkbooks or credit cards.

Some of the signs of financial exploitation you should look out for include the following:

• Missing belongings or older person’s money
• Irregularities in bank statements
• Unexplained withdrawals or transactions
• Eviction notices or unpaid bills.

Financial elder abuse is often challenging to determine compared to physical abuse, which may go on for years before someone catches it. Financial exploitation may not seem as devastating as physical abuse or other types of elder abuse, but it often is. When the elderly lose their life savings, they cannot afford a decent living, with some not having enough money to pay for rent or nursing home fees.

Self-neglect

Self-neglect is a severe problem and refers to an elderly person living in a way that risks their health, safety, or well-being. Many older adults do not want to let go of the independence that they once enjoyed in their earlier years and may decide to live without a caregiver or alone in their own homes. In doing so, they risk their health and well-being since they cannot care for themselves like they used to.

Some signs of self-neglect include the inability to feed or drink or cloth themselves, maintain poor hygiene, manage financial affairs, or adequately cater to their medical needs. Self-neglect does not occur at nursing homes or assisted living facilities since the elderly pay for the services. It could be neglect if the elderly person is at a nursing home and exhibiting such symptoms.

What to Do If You Suspect Elder Abuse

If you suspect one or multiple types of elder abuse, it is crucial to take the right steps. Ehline Law and our personal injury attorneys have over 15 years of experience handling elder abuse cases across California, and we guide our clients to take the following steps immediately.

Regularly Check up on Your Loved Ones

Whether sexual assault, psychological abuse, emotional abuse, or any other type of elder abuse, it may not be a one-off incident. Elder abuse may be constant and ongoing, adversely impacting the lives of the elderly victims. You should make an effort to see your loved ones regularly, check up on them, and talk to them. Visiting regularly can help you immediately identify signs and symptoms of elder abuse, allowing you to take quick action.

If you observe signs of elder abuse, you must document them by taking pictures of the injuries and keeping notes of behavioral changes. You may consider complaining about the elder abuse to the nursing home first to see whether the elderly situation improves. Make sure you document your complaint and keep tabs on the elderly and their health.

Call for Help

After you’ve witnessed the signs or symptoms of elder abuse, you must act immediately by reporting it to the relevant authorities. If the elderly are in a life-threatening situation, you should consider calling 911 and reporting your concerns about elder abuse.

In case the elderly is not in a life-threatening situation but is a victim of abuse, you should consider reaching out to Eldercare Locator, a free national service of the US Administration on Aging, at 1-800-677-1116. The operators will guide you on the available resources.

Reach out to an Experienced Elder Abuse Attorney

Consulting with an experienced elder abuse attorney is the best thing to do if you suspect elder abuse. An attorney can guide you through investigating the abuse, how to protect your loved one, and how to file a claim.

Schedule a Free Consultation with Ehline Law

If you are a victim of elder abuse or know someone who is, contact us at (833) LETS-SUE for a free consultation with our legal experts. We will guide you on how to approach the matter, what you could do for protection, and review the available legal options.

It is an unfortunate situation where you entrust your family member in the hands of professional caretakers only to find out that they’ve carried out abuse, causing harm to your loved ones. Under California law, elder abuse is a serious offense and can either be a felony or misdemeanor conviction, depending on the circumstances of the case.

Ehline Law and our personal injury attorneys have helped protect the rights of the elderly and assisted family members in successfully pursuing claims against nursing homes and abusive caretakers since 2005.

Here, we will review some of the elder abuse laws in California to raise awareness of the severity of the crime and the penalties for it.

California Law and Elder Abuse

Elder abuse is a broad term that can describe all types of abuse carried out on an older adult or a dependent adult, including the following:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Financial abuse
• Neglect.

Under the criminal justice system, there are two types of abuse: misdemeanor elder abuse and felony elder abuse.

Misdemeanor Elder Abuse

To convict a defendant of misdemeanor elder abuse, the prosecutor must prove the following:

• The defendant willfully causes or permits, or with criminal negligence, subjected the older adult to unjustifiable physical pain or mental suffering.
• The defendant’s actions could’ve endangered the life of the older adult.
• The defendant knew of or should’ve reasonably known that the victim was an elder over 65.

Under criminal law, unjustifiable pain and mental suffering refer to pain and suffering that is excessive or unnecessary under the circumstances or conditions.

Felony Elder Abuse

To convict a defendant of felony elder abuse, the prosecutor must prove the following:

• The defendant willfully causes or permits, or with criminal negligence, subjected the older adult to unjustifiable physical pain or mental suffering.
• The actions carried out by the defendant could’ve produced significant bodily injury or even led to death.
• The defendant knew of or should’ve reasonably known that the victim was an elder over 65.

To convict the defendant of financial abuse, the prosecutor must prove that the defendant committed an economic crime (theft, embezzlement, forgery, fraud, or identity theft), the stolen property belonged to the older adult, and the defendant was the caretaker or knew the victim was an older adult.

What Is Willful or Criminal Negligence?

Under criminal law, willful refers to doing something or carrying out an act deliberately or intentionally. On the other hand, criminal negligence refers to when an individual acts in a manner that shows a complete disregard for human life. Let’s look at an example.

Lyla lives with her 82-year-old mother, who suffers from physical or developmental disabilities and requires full-time care. Lyla is responsible for feeding her mother, but Lyla has not provided her with food and water for over a week.

Lyla’s actions cause her mother to almost die of dehydration. If the case ends up in criminal court, the facts are enough to give rise to criminal negligence. However, it is essential to note that the prosecutor can charge a person with criminal negligence only when they have a legal duty to act. So, what does that mean?

Jane used to care for her 79-year-old mother, Susan, but recently, she moved out of her mother’s home and left the responsibility to her brother, John. After Susan dies of septic shock caused by neglect, the police immediately arrest Jane, charging her with elder abuse. In this case, the prosecutor cannot charge Susan with elder abuse or criminal negligence since Susan did not have a legal duty to take care of her mother after her brother John assumed those responsibilities.

Elder Abuse Laws in California

Penal Code § 187 – Murder

Any person who willfully causes or permits harm with a malicious intent leading to murder may face either of the three:

• Death
• Life without parole
• 25 years imprisonment.

Penal Code § 261 – Rape

Under the PC 261, rape is sexual intercourse carried out by anyone who is not the older adult or the dependent adult’s spouse in the following circumstances:

• The victim has physical or mental limitations whereby they cannot give legal consent, and the perpetrator knows or reasonably knows about it.
• The perpetrator carries out sexual intercourse against the victim’s will through fear, force, or violence.
• Using anesthetics, intoxicants, or any other substance renders the victim incapable of resisting.

The penalty for rape under PC 261 for rape is a minimum of three years in prison and a maximum of eight years imprisonment.

Penal Code § 288(a), (b)(2), (c)(2) – Lewd or Lascivious Acts

PC 288 deals with a caretaker who commits lewd or lascivious acts on a dependent adult either:

• Willfully with the intent to arouse themselves or the dependent adult.
• By force, use of violence, or fear.

Suppose the caretaker willfully commits lewd or lascivious acts on the dependent adult. In that case, it can either be a misdemeanor, for which the punishment is one year in county jail, or a felony, where the caretaker can spend up to three years in state prison.

Suppose the caretaker uses force, violence, or fear to commit lewd or lascivious acts on the dependent adult. In that case, it is a felony, and the punishment ranges between five and ten years in state prison.

Penal Code § 289 – Sexual Penetration

Under PC 289, if a perpetrator carries out an act of sexual penetration against the victim’s will using force, violence, or fear or if the victim does not have the physical or mental abilities to provide legal consent, the penalty can be anywhere between three to eight years in state prison.

Penal Code § 368(b)(1), (2), (3) – Elder or Dependent Adult Abuse Leading to Great Bodily Harm or Death (Unjustifiable Physical Pain)

PC 368 deals with the situation where the perpetrator inflicts unjustifiable physical pain or mental suffering on the victim, knowing that it could cause great bodily harm to the older adult or the dependent adult.

It also covers the caretaker who willfully causes or allows the dependent adult or the older adult to suffer injuries or places them in a situation where it could endanger their person or their health.

Under criminal law, depending on the severity of the act, it could either be a misdemeanor or a felony. In case of a misdemeanor, the court could order the perpetrator to spend one year in county jail, pay a $6,000 fine, or both. If the activities are felonies, the penalty is three to five years in state prison, depending on the victim’s age.

In case the incident results in the victim’s death, the defendant may receive between 5 to 7 years in state prison, depending on the victim’s age.

Penal Code § 368(c) – Elder or Dependent Adult Not Leading to Great Bodily Harm or Death.

The PC 368 (c) deals with the situation where the perpetrator inflicts unjustifiable physical pain or mental suffering onto the victim under circumstances that do not produce great bodily harm or death.

It also covers the caretaker who willfully causes or allows the dependent adult or the older adult to suffer injuries or place them in a situation that could endanger their health.

In situations where it doesn’t produce great bodily harm or death, the penalty under PC 368 (c) is a misdemeanor with six months in county jail, a $1,000 fine, or both.

Penal Code § 368(d) – Financial Abuse (Non-caretakers)

When a person who is not the caretaker of the older adult or dependent adult commits theft, embezzlement, forgery, fraud, or identity theft of the victim’s personal property or personal identifying information, such acts may be a misdemeanor or a felony.

Under criminal law, if the financial damage is below $950, it is a misdemeanor for which the defendant must spend one year in county jail, pay a $1,000 fine, or both. When the financial damage exceeds $950, and the justice system determines the act as a misdemeanor, the penalty may be a year in county jail, a $2,500 fine, or both.

However, if the justice system determines the act as a felony, the consequences are far more severe. The defendant may have to spend up to four years in county jail, pay a 10,000 fine, or both.

Penal Code § 368(e) – Financial Abuse (Caretakers)

PC 368 (e) deals with financial abuse carried out by the caretakers, and the penalties are the same as in PC 368 (d).

Penal Code § 422 – Criminal Threats

When a person willfully threatens an elder or dependent adult, warning them of significant bodily injury or death and causing fear in the victim for their or their family’s safety, the penalty under PC 422 for such acts varies depending on whether it is a misdemeanor or a felony.

For a misdemeanor, the penalty is one year in county jail for criminal threats, while it can be up to three years in state prison if the act is a felony.

Health & Safety Code § 1290(c) – Health and Care Violations

The Health & Safety Code deals with maintaining healthcare facilities and their compliance with standards and laws. Any healthcare facility violating the Health & Safety Code 1290 is a misdemeanor, and the penalty is 180 days in county jail, $2,500 in fines, or both.

Welfare & Institutions Code § 15630 – Failure to Report (Caretakers)

A caretaker or those who have the custody of any elder or dependent adult have the responsibility to report abuse or neglect if it comes to their attention.

If they’re aware of the abuse perpetrated on the elder or dependent adult and fail to report it, it is a misdemeanor for which they must spend six months in county jail, pay 1,000 in fines, or both. In case the failure to report the abuse leads to significant bodily injury or death, they may face one year in county jail, a $5,000 fine, or both.

Can You Pursue a Civil Case for Elder Abuse/Pain or Mental Suffering?

Whether sexual, physical, or emotional abuse, an injured elder or dependent adult can pursue a civil case against the perpetrator to recover the damages caused, regardless of whether there is an ongoing criminal case. The outcome of a criminal case does not influence how a civil case may turn out.

In cases where an elder does not have the physical or mental ability to sue the perpetrator of abuse, their family members must report the crime and reach out to an experienced personal injury attorney.

Elder abuse can cause a lot of pain and suffering to older people and their family members, and you must seek the compensation you deserve for the damages caused.

Schedule a Free Consultation with Ehline Law to Discuss Your Claims

If you are a victim of elder abuse or know someone suffering from elder abuse, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

Elder isolation is when older adults are socially disconnected from their family, friends, and community. This can lead to feelings of loneliness, depression, and anxiety, which can have a negative impact on their physical and mental health.

There are many factors that can contribute to elder isolation, including the loss of a spouse or close friends, physical limitations that make it difficult to leave the house, and geographic isolation in rural or remote areas. Other factors may include financial constraints, lack of transportation, and language barriers.

Elder isolation can lead to a range of negative outcomes, including worsening physical health, increased risk of cognitive decline, and higher rates of depression and anxiety. It can also lead to an increased risk of elder abuse and neglect, as isolated seniors are more vulnerable to exploitation and mistreatment.

To address elder isolation, it is important to provide seniors with opportunities to connect with others and engage in meaningful activities. This can include social programs, volunteer opportunities, and support groups. Providing transportation and other resources to help seniors access these opportunities can also be helpful. Additionally, healthcare providers can play an important role in identifying and addressing elder isolation by screening patients for social isolation and providing appropriate referrals and support.

Summary: Elder isolation is when older adults are socially disconnected from their family, friends, and community. This can lead to feelings of loneliness, depression, and anxiety, which can have a negative impact on their physical and mental health.

Federal and California state guidelines govern care for nursing home residents in the Golden State. The caretaker’s duty of attention includes protecting the human rights of the elderly, yet this duty will often be violated by caretakers in and out of nursing homes.

These human rights violations go along with isolation, with many going under or unreported.

• If caretakers isolate elders, it is a civil and criminal act.
• And victims, by law, may hold the facility and others responsible.
• So these plaintiffs can sue in civil court.
• And they will sue to recover financial damages.

Beyond that, the DA can file a criminal complaint. And restitution may be part of any plea bargain. An award of monetary damages can be granted in the civil case.

Elder Isolation Knowledge

What does it mean?

• Has your elder kin suffered at the hands of caretakers?
• Did they suffer isolation or severe emotional trauma?
• Is long-term PTSD or depression on the horizon?

If so, you should contact our elder abuse law firm because nursing homes and caretakers are not immune from the law, with many statutes existing to prevent your senior loved one’s harm or suffering.  

Isolating someone is a form of elder abuse. Federal and state laws govern elder isolation. California Penal Code Section 15610.43 defines more senior isolation as elder abuse.

Physical, emotional, and financial elder abuse all exist. Still, isolation is a terrible form of emotional elder abuse that can happen in private homes or nursing care facilities and is overlooked as a terrible crime.

Elder Isolation Abuse Will Include:

• Acts that prevent elders from receiving or making telephone calls. Also, denying them contact with those outside the facility.
• Isolation also includes preventing seniors from contact with family members. It also applies to relatives and other loved ones. It can consist of many affirmative actions. So telling a caller that grandpa is “not available” is enough.
• The nursing home cannot prevent a resident from speaking with friends. Medical doctors and clergy members all have a right to contact. Most of all, seniors have the right to talk to attorneys and police.
• They also have the right to be free without restraint.
• If confined for extended amounts of time, that is false imprisonment.

How Do You Take Action if You Suspect: Elder Abuse, Isolation, or Confinement?

What can you do?

Confinement includes: “… defilement, debasement, or isolation.”

If you suspect abuse, the steps to take are below for you to protect the unwary senior citizen. Hopefully, you will devise your strategy to prove the abuse and protect victims with help from this article.

Some of the things you can do are:

• Please report it to the local police department.
• Contact the state agency that oversees nursing homes and care facilities.
• Collect any evidence of the abuse. And this can include pictures and records.
• You can document any talks related to the abuse.
• You can retain an elder abuse attorney.

Whether you are at home, inside a nursing home, or care facility, you have rights as an elder and family member of a victim. When your close family members suffer, a legal expert from our highly experienced, superior law firm will provide the legal help you deserve.

Elder Abuse: Filing Lawsuits and the Victim’s Right to Compensation. What is That?

Staff members of abusive nursing homes have confined elderly residents against their will, a brutal way to dominate the elder. Treatment of an older adult like this is atrocious.

And it can have devastating results for the seniors such as:

• This loss of socializing with family and friends is terrible.
• And it can result in fear, depression, and anxiety.
• In bad cases, it may lead to post-traumatic stress, suicides, and death.

Filing a lawsuit against the negligent parties holds them to account. Also, it helps alleviate anxiety and stress. That way, the older adult knows their abusers won’t get off. And this takes away the fear of abuse.

Also, it gives the old residents quality of life with future caretakers. That way, care providers can provide the attention expected by law. Getting a PI lawyer is a step toward protecting your loved one.

And the call is free and confidential. And no duty exists to pay us a dime. So all you have to do is learn about elderly rights. After that, you can hire us or shop around. But if you hire us, we will hold the negligent party responsible.

Find out why the firm has a sterling reputation. Call for an appointment right away at (213) 596-9642. It’s smart to get a free, no-pressure legal consultation. Pertinent here, you get a chance to determine your rights and options.