Elder abuse is the mistreatment of an elderly person by someone
known to the senior. This can take many forms including: financial abuse, physical abuse,
emotional abuse, neglect, and consumer scams and frauds that target the elderly. Unfortunately, Elder abuse happens everywhere and everyday – in
poor, middle class, and upper-income households. Elder Abuseis a problem that
has no demographic or ethnic boundaries. Most often family members or
close friends of the senior are the culprits of financial,
physical, and emotional abuse, this abuse is often difficult to
discover and even more difficult to accept.
WHAT FORMS OF ELDER ABUSE ARE THERE?
Elder abuse takes many forms. The most common forms are:
Financial Elder Abuse
Emotional Elder Abuse
Neglect
Physical Abuse
Consumer Scams and Frauds that target the Elderly
IS ELDER ABUSE A CRIME IN CALIFORNIA?
Yes Elder Abuse is a crime. The Los Angeles County District Attorney's Office maintains a section devoted to Elder Abuse. However, since the perpetrators are very often family members of the elderly victim, often victims and other family members are reluctant to go ahead and provide evidence of a crime if it will result in criminal charges being filed against and/ or incarceration of a family member. Fortunately, there are civil remedies such as the filing of an elder abuse lawsuit, or the filing of a elder abuse restraining order
WHAT RESOURCES ARE AVAILABLE TO SOMEONE WHO SUSPECTS ELDER ABUSE IN LOS ANGELES?
There are many resources available for anyone who suspects Elder Abuse is occurring.
DISTRICT ATTORNEY OFFICES ELDER ABUSE DEPARTMENTS:
As discussed above Elder Abuse
is a serious crime in California under Penal Code sec.
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Therefore, one should contact their local District Attorney's Office. Immediately below I have included links to the websites of the various Southern California District Attorney's Offices. Most of them have a special prosecution task force devoted almost exclusively to prosecuting instances of Elder Abuse.
WHAT CAN BE DONE TO STOP AND PREVENT ELDER ABUSE IF ITS OCCURRING?
There are many things that a loved one can do if they discover that a Senior they know are being abused. As discussed above, the elder abusecan take many forms. Depending upon the type of abuse which is occurring there are various legal remedies available.
First of all if you suspect Physical Abuse you should contact your local Adult Protective Servicesimmediately! You can help the senior obtain a Elder Abuse Restraining Order against the Elder Abuser, preventing them from coming within a designated distance, and or having any further contact with the Senior. Physical Elder Abuse is a serious crime and should be reported to your local law enforcement department.
Financial Elder Abuse can be difficult to prevent as seniors are sometimes more susceptible to caretakers, and others such as unsavory family members. However, Financial Elder Abuse also should be reported to Adult Protective Services as well as your local law enforcement.
Financial Elder Abuse can also entitle the victim to legal damages sought in an Elder Abuse Lawsuit. However, the senior will either need to initiate the suit themselves or have a conservator of the Estate appointed. Often times a loved one will petition the court for a Probate Conservatorship of the Estate and/or Person in order to protect the susceptible elderly person from additional abuse. The Conservator of the estate can then bring an elder abuse lawsuit on behalf of the Conservatee to recover as money damages any property that an abuser may have stolen or hidden away. For additional information on California Conservatorships see my website.
