Elder Abuse

At times it’s difficult to see our loved ones getting older, particularly when they experience physical or mental challenges. Adding to those challenges, the World Health Organization estimates that 1 in 6 seniors experience some form of abuse, and it has only gotten worse since the COVID-19 pandemic. 

California has specific civil laws in place to protect our elderly against abuse (California’s criminal laws protecting elders are not discussed here).

Who’s Protected By California’s Elder Abuse Laws

In California, the “elderly” and “dependent adults” are protected by California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).

“Elder” means any person 65 years of age or older living in California. “Dependent adult” means any person between the ages of 18 and 64 years living in California and:

1. who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect themselves; or
2. admitted as an inpatient to a 24-hour health facility.

What is Abuse?

Elder abuse and dependent adult abuse means:

1. “physical abuse, neglect, abandonment, isolation, abduction, or other treatment” that results in physical harm, pain, or mental suffering
2. a care taker’s deprivation of goods or services that is necessary to avoid physical harm or mental suffering; or
3. financial abuse.

Neglect is “the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.”

Financial abuse happens when a person takes or keeps, or assists in taking or keeping, an elder or dependent adult’s real property (e.g. house) or personal property (e.g. money or car):

1. when that person knew or should have known that it would cause harm to the elder or dependent adult; or
2. with intent to defraud; or
3. by undue influence (i.e. excessive persuasion that causes another person to act or refrain from acting and results in unfairness).

For example, “misappropriating funds to which an elder is entitled under a contract,” or using coercion to convince a vulnerable elder to transfer their home to the influencer, is elder abuse.

It’s not easy to spot elder or dependent adult abuse. But if you think you or someone you know is a victim, call (833) 729-5529.