California Elder Abuse Attorneys
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Our California Elder Abuse Attorneys Can Help You Explore Your Legal Rights
Unfortunately, senior citizens are commonly targeted for financial exploitation and abuse. Elders can be taken advantage of by their family members, caregivers, friends, and fiduciaries. Seeking legal help from knowledgeable California financial elder abuse attorneys may be beneficial in this situation.
Doing so will help you learn more about your legal rights so that you can protect your loved one’s best interests. Elder abuse is one of the terrible crimes in our society that occurs far too often. Strangers commit half of all senior financial exploitation crimes.
They are followed closely by:
- Neighbors, family members, and friends (34%).
- Perpetrators in the business sector (12%).
- Medicare and Medicaid fraud (4%).
Annually, these crimes cost senior citizens more than $3 billion. The different forms of elder abuse can happen anywhere, including:
- In the older person’s home.
- A relative’s house.
- Assisted living facility or nursing home.
If an elderly loved one suffers harm in the hands of another, let us guide you. Our California elder abuse attorneys help injury and abuse victims by protecting their rights. Call (888) 488-1391 to schedule a free initial case review.
Elder Abuse Definition Under California Law
According to the California Welfare and Institutions Code, elders (anyone age 65 or older) and dependent adults are legally protected from neglect, physical abuse, and financial exploitation.
Financial abuse of an elder or dependent adult is considered a criminal act when an individual or entity does any of the following:
- Unlawfully takes, obtains, retains, or conceals the property of an elder or dependent adult for unlawful use, with intent to defraud, or both.
- Unlawfully assists in taking, obtaining, retaining, or concealing such property for unlawful use, with intent to defraud, or both.
- Engages in any combination of the above actions involving the property of an elder or dependent adult.
It must also be shown that the accused knew, or reasonably should have known, that their actions were likely to cause harm to an elder or dependent adult. The taking of property is not limited to physically removing items. The law also recognizes the theft of property rights, which can occur through donative transfers, testamentary bequests, or contractual agreements.
This statute applies regardless of whether the property belongs directly to the elder or dependent adult or to their legal representative. For context:
- Real property includes tangible assets such as land and real estate.
- Personal property covers a broad range of assets, including money, stocks, jewelry, and other valuables.
Elder abuse is a widespread issue with serious consequences, and financial exploitation is a major part of the problem.
Statistics On Elder Abuse In California And The U.S.
Elder abuse continues to be a growing concern in California and across the nation. The following statistics highlight the scope of the problem and the challenges faced by older adults in long-term care and residential facilities:
- In 2000, the United States Census Bureau indicated that California’s elderly population would have doubled to 6.4 million by 2025 – an unusually faster rate than any other state.
- The California Department of Finance forecasts that the number of state residents over the age of 65, or simply older people who will likely need nursing homes and long-term care, will nearly double between 2010 and 2030.
- Nearly 110,000 Californians live in approximately 1,300 licensed nursing homes. Almost 150,000 live in about 7,500 licensed residential care facilities. More than 150,000 are believed to live in unlicensed assisted living facilities that cannot care for them properly.
- Many residents in both unlicensed and licensed facilities have dementia. They are sometimes forcefully given antipsychotic drugs that can dangerously restrain or sedate them.
- The California Senate Office of Oversight and Outcomes stated that 13% of all complaints to the California Office of State Long Term Care and Ombudsman involved exploitation, gross neglect, and abuse in 2009. This rate was more than twice the national rate of 5%.
Our client was stopped at a two-way stop sign before proceeding into an intersection where he was struck by a police cruiser traveling 70 mph, resulting in serious injuries.– Brian Beecher
Seniors Are Popular Targets For Fraud
Senior citizens are regrettably not always treated with the respect they deserve. Because of their advanced age, criminals see an opportunity to take advantage of them financially through schemes and fraud. Common elder abuse methods include tricking an older adult into purchasing a product, misleading them into believing that they have won some sort of grand prize, or posing as their primary caretaker to illegally gain access to their property.
The exploitation of seniors relating to consumer fraud and trickery is somewhat reliant on the truth that many senior citizens were raised in a world where a person’s handshake or word was just as trustworthy as a written contract.
Victimhood Can Happen To Anyone
For elders and many people, identifying fraud can be extremely difficult when it’s happening. When your savings have been completely depleted or a large check you were promised bounces, you need to contact a California elder abuse attorney to help you file a claim to seek damages.
Below, you can find many examples of fraud in which seniors are routinely targeted and which may be challenging to detect. If you are noticing similar patterns among family members, assisted living staff, and friends, then you should reach out to a California financial elder abuse attorney for assistance.
- Health Insurance Fraud — If you are 65 years of age or older, you qualify for Medicare. Scammers know to target people in this age range with their malicious schemes in an attempt to steal bank information.
- Funeral Scams — Many people do not know the average cost of a funeral because it’s not something that they frequently handle. As a result, funeral home directors can take advantage of widows and convince them to purchase unnecessary products and services. Some may lie and trick elders into believing that they owe a massive debt to them.
- Imposter Scams — This crime is particularly heinous because it takes advantage of a grandparent’s desire to assist their grandchildren. Usually, a perpetrator will contact an elderly person and ask, “Grandma, do you know who this is?” Upon response, the scammer will assume that identity and ask for money for an unfortunate situation.
- Grand Prize Scam — The rule of thumb here is that if it’s too good to be true, then it’s probably fake. The popular saying is even more factual when a scammer sends you or a loved one a letter or email claiming that you have won a large amount of money and that your banking information is required to wire you the funds.
- Caregiver Scams — Caregivers can sometimes trick a senior with insincere kindness in an attempt to gain access to valuable financial information, such as jewelry, cash, car keys, and checkbooks.
- Consumer Fraud — Criminals can easily obtain the phone number of a senior and call them to convince them that they need to purchase a particular product or service. They will often state that the homeowner’s association or the cable company requires a purchase from them to meet some guidelines and continue service.
Different Types Of Elder Abuse
There are two main types of elder abuse: physical and emotional elder abuse and financial elder abuse. Below are descriptions of each type of elder abuse and what each crime entails.
Physical And Emotional Elder Abuse
This form of elder abuse is both disturbing and fairly prevalent in California and throughout the United States. Physical Elder abuse includes violent contact with the victim. Some examples could be punching, slapping, or hitting. It can also involve being physically restrained violently or too tightly.
Emotional elder abuse involves non-violent forms of abuse. This type of abuse doesn’t present with any visual indication. Still, it can be just as devastating as other types of abuse. Emotional abuse can include name-calling, screaming, preventing someone from seeing their friends, or even completely ignoring the victim.
Any form of elder abuse is a serious matter that affects individuals and families. A California injury attorney who also handles elder abuse cases can explain your legal options and assist you in pursuing appropriate action under the law.
Financial Elder Abuse
There are a wide variety of schemes fraudsters and scam artists employ to take advantage of a senior’s finances. A dedicated elder abuse attorney can help you locate evidence to prove financial abuse committed by fiduciaries, family members, and caregivers.
Criminals who illegally obtain access to valuable personal property, sensitive information, and financial accounts can commit any of the following crimes:
- Embezzlement
- Confidence and scam tricks
- Identity theft
- Check fraud
- Credit check fraud
- Medical fraud
- Mortgage fraud
- Illegal conversion of property for personal benefit and use
Financial elder abuse can also include obtaining access to a deed or title to a property after forging a signature. Without a senior’s consent or knowledge, it is illegal to:
- Withdraw funds from their savings account.
- Use forged checks to obtain funds.
- Use undue influence to force them to modify their Will or Trust, make a gift or donation, or change beneficiary information on their life insurance policy or retirement accounts.
The California Legislature indicated that dependent adults and senior citizens may be vulnerable to neglect, abandonment, and abuse, and that the state has an obligation to protect these people. The Legislature also recognized that the state would promote and foster community services for the personal, social, and economic well-being of its elderly citizens to protect these people according to the guidelines listed in the California Welfare & Institutions Code Section 15600.
This type of support is beneficial because these crimes are often committed by some of the largest financial institutions in the United States. Neglecting to take the possibility of this issue seriously can result in a senior’s power of attorney and will being changed, with jewelry and family heirlooms being sold for far less than their original value, property being sold to another party, and unnecessarily expensive items being bought.
What Is The Punishment For Elder Abuse?
The California Legislature has stated that elder abuse and other crimes against senior citizens require special prosecution because these individuals may be mentally and physically unable to protect themselves from abusers. To deter this type of criminal behavior, the California Legislature has authorized California Penal Code section 368(c) to make elder abuse a crime with severe consequences. If convicted, a perpetrator can be charged with a misdemeanor elder abuse conviction and face up to 364 days in county jail. However, if charged with a felony conviction, the perpetrator can face harsher punishment.
Who Can Be Held Criminally Liable For Elder Abuse?
California law states that anyone who willfully commits or allows unjustified mental and physical pain towards a senior citizen is guilty of elder abuse. This clause also covers dependent adults who are unable to care for themselves mentally or physically. In California, a person can be criminally liable for elder abuse, depending on their relationship with the senior. If the person is not a custodian or caregiver of the elderly adult, then their behavior must be proved to have been intentional or willful.
This means that the person must have purposefully or intentionally injured a senior citizen. If the defendant is a custodian or caregiver of an older adult, such as an assisted living care employee. In that case, their behavior must be proven to have been either criminally negligent or willful. Failing to follow the ethical and basic standards of care and treatment for elderly patients can be defined as a criminally negligent act.
Contact A California Elder Abuse Attorney To Discuss Your Case
Elder abuse is a serious issue that affects many families across California. Our legal team at Arash Law, led by Arash Khorsandi, Esq., is available to review your situation if you or a loved one has experienced elder abuse in Los Angeles County, Orange County, San Francisco, Sacramento, Sherman Oaks, San Jose, Riverside, San Diego, or any other part of California.
Our team examines caregiver and assisted care facility hiring practices, patient medical records, standards of care, staffing levels, and training procedures. We also investigate evidence of neglect, abuse, or other forms of misconduct.
Unfortunately, care facilities are not the only places where seniors can be victims of negligence. Many older adults are also at greater risk of serious harm in car accidents due to physical vulnerability and delayed recovery times. Our firm represents victims of both elder abuse and motor vehicle collisions, and we have skilled car accident lawyers who handle similar cases.
Our firm is dedicated to helping you seek fair compensation for elderly abuse. Contact us at (888) 488-1391 or fill out our contact form to arrange a free consultation.
