California Elder Abuse Law - General Information:
What Is Elder Abuse? Elder abuse can be an intentional act (abuse) or a lack of knowledge/ability to provide care to an older person (neglect).
Elder abuse can occur in a variety of ways that include assaultive acts, neglect, financial exploitation and/or psychological or emotional mistreatment. An elderly person is defined as someone who is age 65 or older.
Assault includes causing pain and/or injury by molesting, slapping, bruising, forced sex, cutting, burning, restraining.
Neglect includes refusal or failure to provide adequate care, food, shelter, clothing, medicine, and/or medical aides (glasses, dentures, walkers).
Financial exploitation includes illegal or improper use of cash, credit cards, funds or other assets.
Psychological/emotional mistreatment includes mental suffering or despair caused by name calling, yelling, insulting, ignoring, isolating, threatening, or demanding acts.
Abuse may also include the violation of basic rights such as the right to worship as one chooses, the right to assembly, the freedom to be left alone, and the right to handle oneís personal and financial affairs unless declared incapable of doing so by due process of law.
Signs of elder abuse are noticeable changes in physical conditions and behavioral patterns such as:
Unexplained bruises, cuts, burns
Increased physiological pain
Dehydration or malnourishment
Overly medicated without cause
Lack of cleanliness or grooming
Fearful to speak in front of caregiver
Shame, anxiety, embarrassment
Sudden change in mental status
Unusual or large bank withdraws
Unexpected closing of bank accounts
Transfer of assets, deeds, trusts
The signs of elder abuse listed above are generally a combination of factors.
General Profile Of The Abused:
Most often female
Physically or mentally impaired
Dependent physically or mentally
Frequently exhibits behavior problems
The profile of a person that abuses the elderly may vary but generally can be categorized in one or more of the following:
Often a family member/caregiver inexperienced in providing care
Exhibits ineffective coping skills
Under financial strain
Multiple personal problems
Substance abuser (drugs/alcohol)
Marital conflict or difficulties
Violent family history
Socially isolated with poor self-image
If alleged abuse occurs in the community, reports of the abuse may be made to Adult Protective Services or Law Enforcement.
If the alleged abuse occurs in a residential care home or nursing home, reports of the abuse may be made to Law Enforcement or the Long Term Care Ombudsman Program.
In case of emergency and/or immediate attention is required, call 911. Degree of emergency will determine the way abuse should be reported, defined as follows:
What Happens When Elder Abuse Is Reported.
California Forms To Obtain A California Order To Prevent Elder Abuse:
Petition for Protective Orders
Response to Petition for Protective Orders
Order to Show Cause and Temporary Restraining Order
Application and Order for Reissuance of Order
Restraining Order After Hearing
Proof of Service (personal)
Proof of Service (mail)
Instructions for Petition for a Protective Order to Prevent Elder or Dependent Adult Abuse
Civil Case Cover Sheet