If you suspect that a loved one is being subjected to elder abuse, it’s important to immediately report the conduct to the police, and contact Cherepinskiy Law Firm to prove your case in court. However, you may be wondering what constitutes elder abuse from a legal standpoint. Here’s what you need to know:
Older Adults Are Protected by The California Elder Abuse and Neglect Law
This law protects dependent older adults against physical abuse, neglect, and other forms of mistreatment. An elderly individual is defined as someone 65 years of age or older, and a dependent adult is someone between 18 and 64 with physical or mental limitations or residing in a 24-hour inpatient facility.
There Are Laws Against Both Verbal and Physical Abuse
While many people assume that they do not have a case if there has not been physical violence, this is not true. Emotional and verbal abuse is a crime in the state of California. Here are some examples of situations that would be considered elder abuse:
Abandonment: Abandonment is when a caretaker leaves a dependent elderly individual or incapacitated adult without the care that they need. For instance, a home health aide walking off the job and leaving an individual who cannot care for themselves alone would be an example of abandonment.
Financial abuse: Financial abuse is considered theft or fraud under the law, and the specific criminal charge depends on the amount of money stolen along with other factors.
Isolation: Isolating an individual from friends and other relatives is considered a form of abuse.
Mental suffering: Harassment and other forms of intimidation can be considered psychological abuse, which is a crime in the state of California.
Neglect: If a caretaker fails to provide necessary services for an elderly individual or adult dependent, this can be considered neglect.
Know The Difference Between Civil and Criminal Cases of Elder Abuse
Criminal elder abuse involves deliberate, willful actions that cause the victim to suffer or experience unjustifiable physical or mental distress. Knowingly endangering the victim’s health is also considered criminal elder abuse. Civil elder abuse also includes abandonment, neglect, and the deprivation of necessary care.
