If you want to report elder abuse or dependent adult abuse in the community, contact your local county APS Office. For most types of abuse, the county's APS programs have 10 days to respond to your report. Abuse reports can also be made to your local law enforcement agency. The National Center on Elder Abuse defines this type of abuse as “inflicting distress, pain, or distress through verbal or nonverbal acts.
It includes verbal aggression, infantilizing behavior, threats, ridicule and harassment. It is also important to note that a lack of provision of goods or services by a care custodian, in and of itself, can be considered elder abuse. Under California statute of limitations, you have two years to file an elder abuse or neglect case in court. Often abbreviated as the California Elder Abuse Act, it was enacted to protect sick seniors and dependent adults.
Caregivers who slap or beat an elderly person, strangle him or push him down can be charged with both abuse and assault of an elderly person. Just as often, the elderly person recognizes that they are being neglected or abused, but they have no one to turn to for help. The Elder Abuse Act makes certain improved remedies available to a plaintiff who proves abuse of a person 65 years of age or older. Whether it's embezzling your money or failing to provide a clean and safe environment, those who deliberately neglect or abuse the elderly face severe penalties.
The problem, of course, is that older people often don't have access to help and are often dependent on the very people who exploit or abuse them. According to the CDC, elder abuse is “the intentional act or lack of action that causes or creates a risk of harm to an older adult. Prosecutors generally charge elder abuse as a misdemeanor based on the same factors, but the difference is that the abuse is not likely to cause serious bodily injury or death. For the first three years, after some colleagues and a friend's parents suffered nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.
Any number of people can commit financial abuse of seniors, including family members, “friends,” service providers such as accountants and lawyers, caregivers, nursing home employees, or even strangers who befriend the elderly person and proceed to gain access to their property. If you have an older loved one who you know or suspect is a victim of elder abuse, taking appropriate legal action in accordance with these elder abuse laws can help keep them safe and claim the compensation they deserve. After receiving the reports, they will begin their elder abuse investigation process and organize various protective services as needed. California Penal Code 368 PC defines elder abuse as physical or emotional abuse, neglect, or financial exploitation of a victim who is 65 years of age or older.
