ATTORNEY NEWSLETTER
Understanding Abuse – Who’s Affected?
An “Elder” is anyone within the State who is 65 years of age or older. A “Dependent Adult” is any person between the ages of 18 and 64 years who resides in this state and who has a mental or physical limitation that restrict his or her ability to carry out normal activities. A “Dependent Adult” also includes any person who is admitted as an inpatient to a 24-Hour health care facility. This includes the elderly, those who suffer from dementia, the developmentally disabled, the brain injured, psychiatric patients, and, in some cases, those in rehabilitation facilities. “Developmentally Disabled Person” means a person with a disability that originates before an individual attains 18 years of age; continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. This terms also includes intellectual disability, cerebral palsy, epilepsy, and autism, but does not apply to other handicapping conditions that are solely physical in nature.
Physical Abuse And/Or Neglect- The Types:
“Abuse of an Elder or a Dependent Adult” means any form of physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment that causes physical harm or pain or mental suffering. It also applies to the deprivation by a Care Custodian of goods or services that are necessary to avoid physical harm of mental suffering.
“Physical Abuse” includes assault, battery, unreasonable physical constraint, prolonged deprivation of food and/or water, sexual assault, battery, rape, and the use of physical or chemical restraints for punishment or for a period beyond that ordered by a physician.
“Neglect” consists of the negligent failure of any person having the care or custody of an elder or a dependent adult, to exercise that degree of care that a reasonable person in a like position would exercise. It also relates to the failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; failure to provide medical care for physical and mental health needs; or failure to protect from health and safety hazards, malnutrition or dehydration.
“Abandonment” is the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances which a reasonable person would continue to provide care and custody.
“Abduction” is the removal from this State and/or the restraint from returning to this State of an Elderly or Dependent Adult.
“Isolation” are acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. It also includes telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to speak with the caller, or does not wish to meet with the visitor, where the statement is false and contrary to their express wishes for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.
Contact Us
If you or a loved one been the victim of elder, dependent, or disability abuse in California, contact the Evans Law Firm financial attorneys at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. In addition, our attorneys have experience with annuities and life insurance and other complex financial contracts. We have experience representing clients against large insurance companies, and can help guide your case through FINRA arbitration, discovery, a jury trial or toward an equitable settlement. We handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
