LEGAL DEFINITIONS OF CALIFORNIA ELDER ABUSE

View the legal definitions under California law for the following:

California Welfare & Institutions Code § 15610.07

Under California law, “Abuse of an elder or a dependent adult” means either of the following:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

Our talented and experienced Lawrence M. Knapp nursing home negligence lawyers have an in-depth knowledge of elder abuse law, but we feel it is important for everyone to know what legally constitutes “neglect” of an elder in California.

California Welfare & Institutions Code § 15610.57

Under California law, “Neglect” means either of the following:

  • 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.
  • The negligent failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise.
  • Neglect includes, but is not limited to, all of the following:
  • 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. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
  • Failure to protect from health and safety hazards.
  • Failure to prevent malnutrition or dehydration.
  • Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

How our California nursing home negligence attorneys can help you with your elder neglect case

Our attorneys have been helping victims of elder abuse and neglect for many years, and have a proven track record of delivering exceptional results for our clients. We devote our greatest effort and personal attention into each and every case we handle, and put you in the hands of top medical professionals should you need any special care. The Lawrence M. Knapp nursing home negligence lawyers of our firm will fight to recover the compensation which you rightfully deserve for the pain, suffering and medical expenses that are associated with your case of elder neglect.

California Welfare & Institutions Code § 15610.63

(a) Assault, as defined in Section 240 of the Penal Code.

(b) Battery, as defined in Section 242 of the Penal Code.

(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.

(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.

(e) Sexual assault, that means any of the following:

  • Sexual battery, as defined in Section 243.4 of the Penal Code.
  • Rape, as defined in Section 261 of the Penal Code.
  • Rape in concert, as described in Section 264.1 of the Penal Code.
  • Spousal rape, as defined in Section 262 of the Penal Code.
  • Incest, as defined in Section 285 of the Penal Code.
  • Sodomy, as defined in Section 286 of the Penal Code.
  • Oral copulation, as defined in Section 288a of the Penal Code.
  • Sexual penetration, as defined in Section 289 of the Penal Code.
  • Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.

(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

  • For punishment.
  • For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
  • For any purpose not authorized by the physician and surgeon.

California Welfare & Institutions Code § 15610.53

Under California law, “Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

California Welfare & Institutions Code § 15610.30

Under California law,

(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:

  • Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
  • Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
  • Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 1575 of the Civil Code.

(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.

(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

(d) For purposes of this section, “representative” means a person or entity that is either of the following:

  • A conservator, trustee, or other representative of the estate of an elder or dependent adult.
  • An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Elder Abuse

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We offer a FREE initial consultation with our CA elder abuse attorneys. We offer evening and weekend appointments and can come to your home if you cannot make it to our California office. We work on a contingency fee basis, meaning you pay nothing unless we recover for you.