Elder abuse is a distressing violation of trust and safety for some of our most vulnerable citizens. It encompasses a wide range of mistreatment and can result in severe physical injuries, emotional scars, financial ruin, and, in the worst cases, premature death. The insidious nature of elder abuse lies in its ability to remain unseen and unreported, often by those entrusted with the care and support of older adults.
At OC Trial Group, we are committed to fighting for the rights and best interests of Southern Californians who have suffered elder abuse. Our team has a proven track record of wins in standing up for elder abuse victims and their families in the civil courts. We also defend individuals unjustly accused of elder abuse. Our extensive knowledge of the law, investigation capabilities, and unwavering advocacy enable our team to navigate the complex legal system effectively.
Types of Elder Abuse
Elder abuse can take many forms and be committed by various individuals who interact with elders, from family members to caregivers or staff of long-term care facilities. Those with legal authority over the elder, such as guardians or individuals authorized by Powers of Attorney, can also be abusers.
Senior citizens can be abused in the following ways:
- Financial elder abuse: This occurs when an individual illegally or improperly exploits an elder’s assets. This could include stealing cash, forging signatures, or coercing or deceiving an older person into signing documents that transfer financial rights.
- Physical elder abuse: Involves inflicting physical pain or injury on an elder. It can range from slapping or bruising to more severe acts of violence, including restraint or inappropriate use of drugs.
- Emotional elder abuse: This is often harder to detect and involves causing emotional pain or distress through verbal or non-verbal acts. It can include humiliation, intimidation, or isolation from friends and family.
- Nursing home abuse: This specific setting for abuse occurs within the walls of facilities tasked with providing care for elders. It can include any or all of the above types of abuse and neglect of basic needs or medical conditions.
Legal Protections in California for Elders
In California, a robust legal framework has been established to protect elders from abuse, reflecting the state’s commitment to safeguarding this vulnerable population. One of the primary laws is the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This act defines elder abuse and mandates reporting requirements, providing remedies for victims through investigations, prosecutions, and civil actions.
Additionally, the Welfare and Institutions Code Section 15600 et seq. details various forms of elder abuse and outlines the penalties for perpetrators. The state also encourages public awareness and employs ombudsman programs that monitor care facilities to prevent incidents of nursing home abuse.
For financial protection, the California Financial Elder Abuse Reporting Act obliges financial institutions to report suspected abuse, adding another layer of security for elder assets. Orange County Adult Protective Services provides information about reporting elder abuse, including those who are required by law to report it.
These laws create a comprehensive shield for California’s elderly, ensuring justice and promoting a safer environment.
Steps Families Can Take
If abuse is suspected, it’s critical to take immediate action. Families should document any signs of abuse, report the concerns to Adult Protective Services in California, and consult with a legal professional who focuses on elder law.
Legal Recourse in California
California law provides several avenues for addressing elder abuse, including reporting it to local law enforcement or the ombudsman program. Legal proceedings may involve civil lawsuits to pursue compensation for damages and criminal charges against perpetrators.
Compensation for Victims
Victims and their families can often recover damages for the pain and suffering caused by elder abuse, medical costs for treatment of injuries, and compensation for stolen or misused funds.
Indicators of Elder Abuse
Identifying signs of elder abuse can be challenging since they often overlap with symptoms of aging or existing health conditions.
However, several indicators may suggest an elder is suffering from mistreatment:
- Unexplained injuries: Look for bruises, cuts, or broken bones, particularly if the explanations do not fit the injury pattern.
- Changes in behavior: Sudden changes in behavior, such as withdrawal from social activities or unusual depression, can be a signal of emotional abuse.
- Lack of basic hygiene: Neglect may be evident if an elder has poor personal hygiene or is living in unsanitary conditions.
- Financial anomalies: Unusual bank account activity, abrupt changes in wills or power of attorney, and missing belongings could indicate financial exploitation.
- Health care concerns: Untreated bedsores, frequent infections, or inconsistent medication management may signal neglect or intentional harm.
Family members and friends must stay vigilant and report any suspected abuse to the appropriate authorities to ensure the safety and well-being of our elders.
How OC Trial Group Can Assist
At OC Trial Group, we are dedicated to protecting the rights of the elderly and holding abusers accountable. Our experienced attorneys will thoroughly investigate claims of elder abuse, aggressively advocate for our client’s rights, and pursue all available legal remedies to achieve justice and compensation for the harm suffered. Contact us today.
OC Trial Group, APC are elder abuse attorneys based in Orange County, with offices in Newport Beach and San Juan Capistrano. We also serve clients throughout California, including Westminster, Tustin, Irvine, Buena Park, Laguna Hills, Fullerton, Newport Beach, Fountain Valley, San Juan Capistrano, Costa Mesa, Garden Grove, Stanton, Cypress, Anaheim, Mission Viejo, Laguna Niguel, Brea, and Dana Point.