Our elders are among the most vulnerable in our nation
As a result of their susceptibility, unscrupulous individuals – including strangers, companies and corporations, nursing homes, caretakers, business partners, business managers, accountants, and even family members – oftentimes find new schemes and scams to prey upon their victims.
What is Elder Abuse?
California understands the precarious position that individuals 65 and over are left in. The same people who protected us now need protection. As a result, they’re often victimized by people who are entrusted to protect them. In order to help protect our elders, California has developed and instituted a stringent set of laws and has put in mechanisms to help enforce recovery. Specifically, California protects elders against individuals who have committed financial abuse, neglect, physical abuse, and abandonment.
Types of Elder Abuse
Depending on your case, California law may provide remedies, including the recovery of compensatory damages, treble damages, punitive damages, attorney’s fees, and, oftentimes, the recovery of specific property. Call The Accident Pros today for a free case evaluation.
Elder Financial Abuse
Elder financial abuse occurs when a person or entity: (1) takes an interest in real or personal property, for a wrongful use, or with intent to defraud or both, OR (2) assists in the above referenced acts, or does any of the above described acts through “undue influence.” In order to provide maximum protection to our elders, California courts have liberally allegations to properly allege elder financial abuse. Common examples of financial abuse include altering an elder’s will or trust to gain larger portions of an estate, diverging of money by financial professionals, and improper actions taken by individuals with a power of attorney over an elder. California Courts, though, have made it clear that a number of less common actions could still amount to elder financial abuse. For example, in Lintz v. Lintz (6th Dist. 2014) 222 Cal. App. 4th 1346, 1356 the Court found excessive spending beyond a line of reasonable conduct to amount of elder financial abuse.
Elder Neglect & Abandonment
The same way that our elders were required to take care of us, California Law concerning elder abuse laws requires that our elders are similarly cared for. When an individual or entity is tasked with having the care or custody of an elder, the failure to actually meet these needs may have drastic consequences. These needs include making sure they receive personal hygiene, food, clothing shelter, medical care, and medical treatment.
While unfortunate, many times those that are trusted to take care of our elders don’t live up to their end of the bargain. These individuals, entities, and facilities include nursing homes, residential care facilities, care hospital operators, physicians in nursing facilities, and managed care entities, including Medicare HMOs. In very narrow circumstances, depending on the relationship between a doctor and outpatient client, if a doctor fails to live up to his promises to the patient, an elder neglect claim may still apply.
Like neglect, California law maintains ongoing obligations on those already providing care to elders. Abandonment, defined under Cal Wel& Inst Code § 15610.05, defines abandonment as the “desertion” or “willful forsaking” of an elder by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
Elder Physical Abuse
California takes physical abuse against elders very seriously. California has set forth a long list of items that include Just some of the actions that fall into California’s category of physical abuse include against elders as including assault with or without a deadly weapon, battery, placing elders into physical constraints, sexual assault, and prolonged or continual deprivation of food water.
California’s remedies for elder abuse may include the recovery of compensatory damages, treble damages, recovery of attorney’s fees, and, oftentimes, the recovery of specific property. In certain situations, California sets forth criminal prosecution for certain actions.
The Accident Pros Aggressively And Forcefully Pursues Litigation On Behalf Of Wronged Elders
The same people who protected us now need protection, and the experienced attorneys at Accident Pros aggressively and vigorously pursue litigation on behalf of elders. If you or a loved one is an individual over 65 years old that has suffered abuse, neglect, abandonment, or physical assaults, call the experienced elder abuse attorneys at The Accident Pros at (877) 899-PROS or by filling out our contact form for a free case evaluation. Our experienced lawyers can offer you a no-cost case evaluation to help you understand your legal rights, and can help you get the compensation you deserve.