California has a robust legal framework in place to protect vulnerable adults, including seniors, from abuse, neglect, and exploitation of elder abuse. Elder abuse is a serious issue that affects thousands of Californians each year, and it often goes unreported due to fear, shame, or lack of awareness. At KAASS LAW, we are committed to protecting the rights and well-being of our elderly community members. The following will provide a comprehensive guide to understanding and reporting elder abuse in California, empowering you to take action and help safeguard those who may be unable to protect themselves.
Elder abuse is defined as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or serious risk of harm to an older adult. California law defines an older adult as anyone aged 65 or older
A person must make a report as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two working days.
In case of physical abuse, and it has occurred in a long-term care facility, a person must make a to both law enforcement and the ombudsmen.
In case of serious bodily injury, the reporter must contact law enforcement within two hours and make a report to the ombudsmen within twenty-four hours.
The mandatory reporter has twenty-four hours to contact the ombudsman and law enforcement in case of less than serious bodily injury.
Elder abuse can take many forms, including:
Under California law, a mandatory reporter cannot be held civilly or criminally liable for a report of elder abuse made in good faith. Moreover, mandatory reporters do not have any legal duty to investigate the report of elder abuse. They are only obliged to make that report.
The mandatory reporter who fails to report physical abuse, financial abuse, abandonment, isolation, abduction, or neglect of an elder will face:
The mandatory reporter who physical abuse, financial abuse, abandonment, isolation, abduction, or neglect where that abuse caused great bodily injury or death of an elder will face:
In case the officer or an employee of a financial institution fails to report financial abuse, he will face
Recognizing the signs of elder abuse is crucial for intervention and prevention. Some common signs include:
California law designates certain professionals as "mandated reporters," requiring them to report suspected elder abuse. Mandated reporters include:
If you suspect elder abuse, it's crucial to report it immediately. Here's how:
Once a report is made, APS or law enforcement will investigate the situation. This may involve interviewing the elder, the alleged abuser, and other witnesses. If the investigation finds evidence of abuse, APS or law enforcement will take steps to protect the elder and may pursue legal action against the abuser.
California law protects individuals who report elder abuse in good faith from civil or criminal liability. This means that you cannot be sued or prosecuted for reporting suspected abuse, even if the investigation does not find evidence of abuse.
At KAASS LAW, we are dedicated to protecting the rights and well-being of older adults. If you suspect elder abuse, we can help you understand your reporting obligations, navigate the legal process, and advocate for the protection of the elder. We can also provide legal representation to elders who have been victims of abuse, neglect, or exploitation. Elder abuse is a serious issue, but it often goes unreported. Your report could make a significant difference in the life of a vulnerable elder. Contact KAASS LAW today for consultation. We're here to help you protect our elders. Additionally, if your family suffered from elderly wrongful death by a caregiver, we can help represent and help your loved ones.