In California and across the U.S., laws protect the rights, safety, and dignity of older Americans. Foundational statutes like the federal Elder Justice Act and Older Americans Act provide a framework for safeguarding our seniors from multiple types of abuse, including physical, verbal, emotional, and financial abuse.
However, despite these laws, instances of elder and dependent adult abuse are on the rise, and it can occur anywhere—in nursing homes, assisted living facilities, and even the homes of elderly or dependent people. At Lanzone Morgan, LLP, our California elder abuse lawyers are passionate about seeking justice for victims of elder abuse and neglect in care facilities. If you or a loved one has experienced abuse as an elder, or if you believe an elderly loved one is being abused, contact us today.
Legal Protections for Elders in California
Under California law, abuse of an elder or dependent adult refers to various types of misconduct committed against a person who is 65 years of age or older or an adult 18 years or older who has physical or mental limitations that hinder their ability to perform normal activities.
The types of elder or dependent adult abuse recognized by state law include the following:
- Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm, pain, or mental suffering
- The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering
- Financial abuse involving the taking of real or personal property from an elder or dependent adult for wrongful use or with the intent to defraud
Several state and federal laws in California work to protect elders from these types of abuse.
Elder Abuse and Dependent Adult Civil Protection Act
California’s Elder Abuse and Dependent Adult Civil Protection Act, codified under the California Welfare and Institutions Code, §§15600-15675, provides guidelines for mandatory reporting of abuse, prosecution of elder abuse cases, and the investigation of reports of elder abuse. It also outlines certain requirements for paid care providers.
Under this state law, anyone who has assumed full or partial responsibility for the care or custody of an elder or dependent adult in California is deemed a mandated reporter. Thus, if they have observed or are aware of abuse of an elder, they are legally obligated to report the suspected abuse immediately. The law also requires that paid caretakers in domestic and institutional settings undergo an effective, timely, and affordable criminal background check to protect the safety and well-being of the elderly.
Elder abuse is a crime, and anyone who willfully causes or permits an elder in their care to suffer or inflicts pain or suffering on them may be punished by imprisonment or a fine. When someone reports known or suspected instances of abuse in long-term care facilities, local law enforcement and the long-term care ombudsman program must conduct an investigation. Additionally, each county’s adult protective services agency and local ombudsman program must keep a list of all local agencies available to assist victims of abuse.
Elder Justice Act
Passed in 2010 as part of the federal Patient Protection and Affordable Care Act, Public Law 111-148, the Elder Justice Act is the first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level. The law authorized a variety of programs and initiatives to better coordinate federal responses to elder abuse, promote elder justice research and innovation, support Adult Protective Services systems, and provide additional protections for residents of long-term care facilities.
The Elder Justice Act also established the Elder Justice Coordinating Council to coordinate activities related to elder abuse, neglect, and exploitation across the federal government.
Older Americans Act
Passed by Congress in 1965, the federal Older Americans Act is one of the longest-standing protections for the rights of elders in the United States. The original legislation provided grants to states for community planning and social services, research and development projects, and personnel training in the field of aging. The Older Americans Act also established the Administration on Aging to administer the state grant programs.
The Older Americans Act authorized a wide array of service programs through a national network of state and local agencies and service providers. The act also established community service employment opportunities for low-income older Americans and other programs designed to protect the rights of vulnerable elders.
Criminal Penalties for Elder Abuse in California
The California legislature has declared that elders, dependent adults, and disabled people deserve special consideration and protection. For this reason, elder abuse can be punished by jail time and/or fines, depending on the severity of the abuse, who committed it, and the age of the victim.
Under California law, any person who willfully causes or permits an elder to suffer in their care may be imprisoned for up to seven years and fined up to $6,000, depending on the severity of the abuse and the age of the victim. Financial elder abuse, including theft, embezzlement, forgery, and fraud, is punishable by time in county jail or fines of up to $10,000.
Imprisonment and Fines for Elder Abuse
California Penal Code § 368 sets forth the following penalties for perpetrators of elder abuse. These penalties vary based on the severity of the abuse, the age of the victim, and who committed the abuse:
- Abuse of elders that is likely to produce great bodily harm or death:
- If it is a misdemeanor charge, the punishment is up to one year in county jail and a $6,000 fine.
- If it is a felony charge, the punishment ranges from three to seven years in state prison.
- Abuse of elders that is not likely to produce great bodily harm or death:
- This is a misdemeanor punishable by up to six months in county jail and a $1,000 fine.
- Financial abuse:
- If the property taken is valued at less than $950, the punishment is up to one year in jail and a $1,000 fine.
- If the property taken is valued at over $950, the crime can be a misdemeanor punishable by one year in county jail and a $2,500 fine, or a felony punishable by two to four years in county jail and a $10,000 fine.
If You Suspect Elder Abuse, Report It
If you suspect that elder protection laws are being violated or abuse is happening, it’s crucial to report the abuse to the appropriate agencies. Doing so can not only help the person experiencing abuse but could also spur improved conditions and legal protections for other elders. For instance, the attorneys at Lanzone Morgan, LLP, helped change California case law by challenging unfair arbitration agreements with nursing homes.
If you have a complaint against a nursing home, contact the Department of Public Health. If you have a complaint against an assisted living facility or residential care facility, contact the Department of Social Services. To report abuse or neglect currently happening in a nursing home, assisted living facility, or adult day program, contact the California Department of Aging Long-Term Care Ombudsman. For abuse occurring elsewhere, contact Adult Protective Services at (833) 401-0832.
Lanzone Morgan, LLP, is nationally recognized in the field of nursing home and elder abuse cases. Our California nursing home abuse attorneys and support staff are passionate about seeking justice for victims of elder abuse and neglect in nursing homes, assisted living facilities, and other care facilities.
If you suspect your elderly loved one is experiencing abuse, contact us today for a free consultation at 888-887-9777.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.