ATTORNEY NEWSLETTER
Criminal Elder Abuse
Felony Elder Abuse
How To Protect Older Loved Ones
One of the most pressing concerns for seniors is elder abuse. As many as 5 million older Americans experience abuse every year, according to the National Council on Aging. (That number could in reality be much higher as much financial elder abuse, like elder abuse generally, goes unreported.) Under California law, elder abuse is defined broadly and can result in civil or criminal penalties. If the abuse rises to the level of criminal abuse, the charges can be misdemeanors or felonies. Parties responsible for any form of abuse and neglect, and those who assist them, may be held accountable for their actions under California Law and may be prosecuted for their crimes. See Cal. Penal Code § 368 and Cal. Welf. & Inst. Code §§ 15610.07 (definition of abuse), 15610.30 (definition of financial abuse including assistance with financial abuse), 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse). If you or an older loved one has been the victim of any type of elder abuse, including financial elder abuse, in San Francisco Bay Area, call us at (415)441-8669 or toll free at 1-888-50EVANS (888-503-8267).
Criminal elder abuse
The California Legislature determined that “adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection.” Accordingly, Penal Code Section 368 encompasses not just physical abuse, but also financial and emotional abuse.
Felony elder abuse
Felony elder abuse includes actions that result or could result in great bodily harm or death to a person age 65 or older, including:
- Willfully causing, inflicting, or permitting an elder to suffer physical pain or mental suffering
- A caretaker willfully causing or permitting injury to the person or health of the elder
- A caretaker willfully causing the elder to be placed in a situation in which their person or health is endangered
These acts are punishable by imprisonment in a county jail not exceeding one year, by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. In addition, if the victim suffers great bodily injury, the defendant will receive additional time in the state prison: (A) three years if the victim is under 70 years of age, and, (B) five years if the victim is 70 years of age or older. Finally, if the abuse proximately causes the death of the victim, the defendant gets even more time in prison: (A) five years if the victim is under 70 years of age, and (B) seven years if the victim is 70 years of age or older.
Protecting Older Loved Ones From Abuse
Families and friends of elders and dependent adults residing in any kind of facility or under the care of in-home caregivers need to visit and speak with them as often as possible to make sure they are not at risk of abuse or neglect by their caregivers. If you see any bruises, scratch marks or other indications of physical abuse, alert the administrator of the facility and call counsel. To protect your loved one from financial exploitation, be sure to monitor their bank accounts frequently. Keep cash, checks, ATM cards and credit cards out of reach of caregivers. Never, ever, grant a caregiver a power of attorney or give them a blank check. Ever. Make sure a caregiver does not have access to a loved one’s Social Security number or financial account information. If you suspect something is wrong do something about it right away. Call qualified elder law counsel who can pursue all persons responsible for any sort of abuse, and those who hired and supervise the abusers, including administrators and owners.
Contact Us
Ingrid M. Evans can represent you or an older loved one who has been the victim of financial elder abuse in the San Francisco Bay Area. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
