Elder Abuse

ONE OF CALIFORNIA’S FASTEST GROWING AREAS OF LAW IS THAT DEALING WITH ELDER ABUSE

Now with more of our population over the age of 65 than in any other time in our history, California’s Legislature has increasingly been called to meet the needs of this burgeoning section of our population due to the fact that this portion of our community is more vulnerable and more likely to be victims of abuse.  Elder abuse may be physical, financial, or neglect.

FINANCIAL ELDER ABUSE

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) broadly defines financial abuse as when a person or entity does any of the following:

Remedies for Financial Elder Abuse are not only damages for the taking, but also attorney’s fees and costs.  If it can be shown that the wrongful actor acted with malice, fraud, oppression or recklessness pain and suffering may also be awarded.

If the taking was from a person of unsound mind but not entirely without understanding, you do not even need to show that the taking was for a wrongful use.

The victim, (or if unable) any personal representative, conservator, heir, child, spouse or beneficiary has standing to pursue a claim for financial elder abuse on behalf of the victim.  And, the claim can be pursued even if the victim has now passed on.

ADULT OR DEPENDENT ADULT ABUSE RESTRAINING ORDER

The EADACPA Not only may you seek a restraining order from the financial abuse mentioned above, but also for the following:

(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

(3)  Acts of intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner, and, in the discretion of the court, on a showing of good cause, of other named family or household members or a conservator, if any, of the petitioner.

Along with the restraining order, the order may include exclusive use of a residence.  Wilful disobedience of such a restraining order is punishable as a crime.  And, the restraining order may be in force for up to five years.  Also, the prevailing party is entitled to costs and attorney’s fees.

In short, California Law is continually enacting greater protections for your senior loved ones.  Call us to discuss any potential abuse that you may be concerned about.