ATTORNEY NEWSLETTER
Abandonment of Seniors Can Be Fatal
2019 California Law Adds Remedy For Abandoned Older Persons
Last year the California Legislature added “abandonment” of the elderly to the list of wrongs against seniors that entitle injured seniors to enhanced remedies against those responsible. Calif. Welf. & Inst. Code § 15610.05. The elder abuse attorneys at Evans Law Firm represent seniors who have suffered any kind of abuse, including abandonment by a caregiver, nursing home or other care facility. If you or someone you know is suffering from any form of elder abuse in San Francisco or elsewhere in the Bay Area or throughout California, call our elder abuse attorneys today at 415-441-8669, and we can help.
“Abandonment” is defined under the Elder Abuse Act as “the desertion or willful forsaking of an elder [anyone 65 year of age or older] or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.” Calif. Welf. & Inst. Code § 15610.05. Persons and entities responsible for the abandonment of an elderly person may be subject to extra damages for injuries sustained and in certain circumstances the award of attorneys’ fees and costs incurred by the senior in bringing an action against them for abandonment. Calif. Welf & Inst. Code § 15657. Ingrid M. Evans and the other elder abuse lawyers at Evans Law Firm twill pursue all remedies available to a senior abandoned or abused by a caregiver at home or care facility staff and owners.
Abandonment mostly occurs in institutions. About 400,000 Californians live in nursing homes and another 150,000 seniors live in assisted care facilities throughout the State. Most are not able to protect themselves from danger or to care for themselves; that’s why they’re in a home. Their protection and care are in the hands of facility owners, administrators, staff and caregivers. This new law will hold owners, administrators and staff responsible when they abandon seniors during emergencies or at other times. The legislation was prompted after the abandonment of many seniors during the 2017 North Bay Fires but it does not take an emergency to cause a senior to be abandoned. Sadly, it can happen at any time.
Contact Us
If you or a loved one is or has been the victim of abandonment or any form of elder physical or financial abuse in San Francisco or elsewhere in California, contact Ingrid M. Evans and the other Marin elder abuse attorneys at the Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. We can help guide your case through 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.
