California Elder Abuse Laws
Abuse of those who depend on others for care is tragic but all too common. California has enacted laws protecting vulnerable populations, such as seniors and those with disabilities, from cruel caretakers and third parties. Get informed on elder abuse laws in California, and discover how our compassionate, knowledgeable team at Cutter Law P.C. can help if you or your loved one was victimized.
- California laws protect the elderly by criminalizing elder abuse (Penal Code Section 368).
- Certain individuals are mandatory reporters of elder abuse under California law.
- Elder abuse can be charged as a misdemeanor or felony, with penalties varying based on the abuse’s severity and the victim’s age.
- Victims or their representatives can file lawsuits for elder abuse.
- The statute of limitations is two years for physical harm.
Elder abuse includes physical, sexual, or emotional harm and may involve confinement, isolation, passive neglect, willful deprivation, or financial deception.
In California, laws protect the elderly and hold abusers and their enablers accountable. Some remedies available include restraining orders, fines, and prison sentences. Victims may also file civil lawsuits to seek compensation for their damages.
Based in California, Cutter Law P.C. represents clients throughout our state and nation in nursing home abuse cases. We work hard to fight elder abuse in and out of the nursing home, with backing from extensive laws shepherding the senior population and adult dependents throughout the state.
If you’re considering legal action for elder abuse in California areas such as Sacramento, Oakland, or Santa Rosa, the Cutter Law team has the legal skills and emotional empathy to represent your case with care. Learn about the law that protects seniors from abuse and neglect in this state.
How Does California Law Define Elder Abuse?
California Penal Code Section 368 criminalizes elder abuse in the state. The law takes into account the following three factors:
- The person committing the abuse knows or should reasonably know that the victim is an elder or adult dependent.
- The person chooses to submit the victim to dangerous circumstances that could cause injury or death, directly causes or allows an elder to suffer, or causes them physical or mental pain.
- A caretaker responsible for a vulnerable person’s care allows that person to be physically injured or puts them in a situation endangering their health or personal safety.
Prosecutors can charge elder abuse as a felony or a misdemeanor, depending on the extent of the harm and severity of the actions.
More About Elder Abuse In the California Penal Code
Penal Code 368 subsections (b) through (f) establish the elements of and penalties for specific crimes against elderly individuals in greater depth. The section breaks down as follows:
- Subsection (b): Abuse of an elder or dependent adult likely to cause great bodily harm or death
- Subsection (c): Abuse of an elder or dependent adult not likely to cause great bodily harm
- Subsection (d): Financial abuse of an elder or dependent adult or adult dependents committed by a non-caretaker
- Subsection (e): Financial abuse of an elder or dependent adult committed by a person in a caretaker role
- Subsection (f): False imprisonment of an elder or dependent adult
What Type of Actions Qualify as Elder Abuse in California?
Several types of behavior are considered elder abuse in California. These behaviors fall into the following classifications:
- Physical abuse – Includes any situation involving physical harm to an elderly person
- Negligence – When a caretaker does not care properly for an elderly or dependent person or puts them in a situation exposing them to harm
- Financial abuse – Misuse or unauthorized use of an elderly person’s money, property, or other financial resources for personal gain
- Mental and emotional abuse – Abusive behaviors that cause an elderly person significant emotional distress
- Sexual abuse – Non-consensual sexual behavior or lewd or lascivious acts around the elderly person
Other Crimes Against the Elderly in California
In addition to Section 368 covering elder abuse, several other California laws protect seniors against various crimes. Specifically, the following sections of the California Penal Code cover various crimes that may be committed against elderly people and adult dependents:
- Section 187: Homicide
- Section 261: Rape
- Section 288: Lewd and lascivious acts
- Section 289: Unlawful sexual penetration against any person’s will or specifically against any person who is incapable of giving consent due to a disorder or disability
Other laws also protect the rights of the elderly in California. For instance, California Health and Safety Code Section 1290(c) requires long-term health care facilities such as nursing homes to follow specific health and safety guidelines.
Additionally, Welfare and Institutions Code Section 15630 designates certain individuals as mandatory reporters of elder abuse. These individuals must report suspected abuse to the authorities or face penalties.
Elderly Abuse California Laws: Frequently Asked Questions
If you’re considering filing an elderly abuse claim in California, get your most pressing questions answered in these questions and responses from me and our team of experts.
Who Can Sue for Elder Abuse in California?
The victim, their spouse, family members with power of attorney, or their heirs may be able to sue for elderly abuse, depending on the circumstances.
What Is the Statute of Limitations for Elder Abuse in California?
California has two separate statutes of limitations for filing civil lawsuits over elder abuse. For personal injury lawsuits alleging physical harm, the deadline is two years from the date of injury. For lawsuits over financial elder abuse, the deadline is four years after the abuse occurs.
Knowing when the “clock” starts running for an elder abuse lawsuit is challenging, particularly when repetitive abuse is involved. Pinpointing a specific injury or act and its date can be difficult, complicating the statute of limitations. In addition, some seniors suffer from cognitive impairments or disabilities that make them unable to communicate about the harm.
Consult an attorney immediately when you suspect abuse has occurred to ensure you don’t miss any deadlines.
What Can I Do if I Have Suffered Abuse in a California Nursing Home?
Families entrust nursing homes with the protection and care of their vulnerable loved ones. When these facilities breach their duties, it can be particularly troubling for victims and family members.
The lawyers at Cutter Law have deep expertise in fighting California nursing home abuse cases in Sacramento, Oakland, Santa Rosa, and other areas. Reach out to me and our team to discuss your legal options.
What Is the Penalty for Elder Abuse in California?
The criminal penalties available under California’s Section 368 for elder abuse depend on the perpetrator’s relationship with the victim, the crime committed, and its severity. Whether or not the person committing the crime is legally responsible for the older person’s care will affect their punishment.
Generally, county jail time up to one year and fines from $1,000 up to $6,000 are available to punish misdemeanors that do not cause significant bodily harm or death. The sentence for felony abuse is up to four years in state prison.
Felonies that cause serious injuries or death can lead to significant additional prison time, depending on the victim’s age. For instance, Section 368 provides that abuse causing the death of a victim over age 70 is punishable with an additional prison sentence of seven years. For abuse causing great bodily injury to a victim over 70, the law imposes an additional five-year prison sentence.
How the Elder Abuse Attorneys at Cutter Law Can Help You
If you or a loved one suffered from elder abuse, the experienced and skilled attorneys at Cutter Law are on your side. Our trusted attorneys have deep knowledge of California’s elder abuse laws and can help you get the compensation and justice you deserve.
We are compassionate professionals who ensure every client pursuing an elder abuse case understands their legal options and help them make the best decisions for themselves and their families.
Contact Cutter Law today for your free consultation.
SETTLEMENT
$485,000
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a $485,000 settlement for elder abuse in a skilled nursing facility.
SETTLEMENT
$914,506.51
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a policy limits settlement of $914,506.51 for abuse of a dependent adult at a residential care facility.
