In the state of California, the Legislature recognizes that elder adults may be subject to abuse, neglect, abandonment, and that the state has a responsibility to protect them. For this purpose, an elder is defined as someone aged 65 or older. Elder abuse can be both criminal and civil under California law. Under civil law, elder abuse is defined as neglect, financial or physical abuse, abandonment, isolation, abduction, or other treatment that results in harm, pain, or mental suffering to an elder. Elder abuse can also be the deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering. Undue influence is also a form of elder abuse. Each form of elder abuse can be further described by a host of factors and circumstances. In the criminal context, elder abuse occurs when a person is aware that the victim is an elder and inflicts physical pain or mental suffering on the elder. Criminal elder abuse also occurs when a person willfully or knowingly causes or permits an elder to be placed in a situation that endangers their health.
There are many ways to recognize a situation where elder abuse may be occurring, some of which may be dependent upon the type of abuse experienced. When the elder may be suffering physical abuse or neglect, the following may be an indication of abuse: unexplained weight loss, bedsores, malnutrition, painful reactions when touched, bruises, skin abrasion, broken bones, or teeth. Signs of possible financial elder abuse could include strange banking or financial transactions, unexpected estate planning changes, money missing from accounts, or missing possessions. Indicators of abuse by a caregiver or family member may include the elder not being able to speak for themselves, social isolation or restriction from certain activities, or conflicting explanations of incidents, to name a few. Some elders may also experience or exude additional signs of elder abuse, including anger, confusion, defensiveness, depression, being withdrawn, fear to talk openly, and so forth.
There are several persons that are mandated to report elder abuse, including any licensed staff of a public or private facility that provides services or care for elders, as well as any dependent adult caretaker, health practitioner, or employee of protective services agency. The list is quite extensive. Despite the list of specific, required reporters, anyone should report elder abuse when they know or suspect it to be occurring by contacting their local authorities.
If you have questions about potential elder abuse or fear that a loved one is suffering from it, we are here for you. Call Tresp Law, APC today at (858) 248-2779 to schedule a consultation and assure your family is in great hands.
