June 23, 2020
All over the world Elder Abuse is not a new problem, but in the United States, it is a growing one. As the senior population (65+) continues to rise at an unseen rate, matters that directly affect elders and the people who care for them are becoming more and more important. In the recent years, how to fight and penalize Elder Abuse and Neglect is a problem that every state in the U.S. is struggling with, but not California, which has been a pioneer in the effort to protect seniors, enacting the Elder Abuse and Dependent Adult Civil Protection Act, shortened “Elder Abuse Act,” as far back as 1982.
In a way of acknowledging the growing reports of Elder Abuse, the State of California passed several laws that subject this abuse subject to unique criminal and civil liability. Fundamentally, the acts prohibit the lack of care as well as the physical or mental abuse of elderly dependent persons, and violation of such stipulations can subject the abuser to civil or criminal liability.
To further comprehend when the California Elder Abuse Act helps our loved elders, here we present you the basics:
What Are California Elder Abuse Laws?
The California Elder Abuse and Dependent Adult Civil Protection Act aspires to protect seniors from abuse, neglect, and fraud. Elder Abuse Laws in California prohibit the following behaviors directed at anyone 65 or older:
- Physical Abuse: Physical elderly abuse ranges from overmedicating seniors to physically assaulting them.
- Mental Abuse: This occurs when a caregiver routinely intimidates, humiliates, or insults a senior.
- Elder Neglect and Endangerment: Neglect and endangerment occur when an elderly person is deprived of basic necessities or is exposed to unnecessary risks.
- Financial Abuse: Financial elder abuse includes theft or misuse of assets.
Practical Aspect of the California Elder Abuse Law
The whole point of the act is to stipulate significant penalties for those who exploit or abuse the elderly and it is to be remarked that those commended with their care are held to a higher standard and suffer greater penalties if they violate it. Whether it is stealing their money or failing to provide a clean setting, those who neglect or deliberately abuse the elderly will face stiff consequences.
The bigger setback of the act is that older people are often dependent on the very people exploiting or abusing them and the abusers generally cut off elders from the access to help. If you suspect a loved one is going through a situation like the one previously described, Gharibian Law is most trustworthy Elder Abuse Attorney in San Diego or surrounding area. We are here to help defend their rights. Contact us at 888-288-0091 or schedule a free consultation now.