Elder Abuse Litigation in California
A simple, legal definition of elder abuse is any knowing, intended, or careless act that causes harm or serious risk of harm to an older person, whether physical, emotional, or financial. A more tangible definition of elder abuse is simply when a party causes an older person to be harmed or exposed to risk of harm. And it is, unfortunately, a widespread problem that regularly evades detection throughout California.
The Underreported Problem of Elder Abuse
Reasons for this are varied but range from the simple, ranging from instances of an older person being unaware of his/her rights, to the malicious, where a caregiver’s threats of retribution silence the harmed party. Whatever the case may be, elder abuse is an often underreported and underemphasized problem, afflicting a steadily increasing class of people, as victims often are unaware of the harm they have suffered.
Elder abuse can occur in many forms, such as:
- Financial Abuse
- Nursing Home Abuse and Neglect
- Care-Giver Neglect
- Physical Abuse
- Hospice Care Abuse and Neglect
- Physician Negligence
- Abduction and Abandonment Issues
Financial Abuse
Perhaps the most commonly overlooked form of elder abuse is financial abuse, despite it being one of the most prevalent. Reasons for this include possibly diminished physical and mental capacities, and the relative ease in which financial expenditures are concealed.
Examples of financial abuse include coercing money or other property, manipulation of wills/trusts, excessive caregiver fees/charges, fraudulent investment schemes, unnecessary/unperformed services or repairs, etc.
The elder population in California, and indeed the nation, continues to grow each year. Tragically, so too will the incidence of elder abuse. In many cases, elder abuse is perpetrated by someone in close contact, such as a caregiver, friend, or even family member.
As such, elder abuse can often be an emotional and even taboo subject. But the law specifically affords special protection for older persons, and one that can help you recover not only costs and other damages, but often bring appropriate criminal charges upon the offending parties liable for their actions.
Contact Us
If you think you or someone you know have been the victim of elder abuse, please contact us at the Law Offices of Laurence R. Clarke & Associates.
Some Signs of Elder Abuse:
Financial Elder Abuse: unusual banking activity, missing or stolen property, abrupt changes to wills or trusts, inexplicable “loans” or “gifts”
Physical Elder Abuse and Neglect: malnutrition, dehydration, bed sores, unexplained bruises or fractures, unexplained and abrupt changes in mood, poor hygiene
Mental Elder Abuse: unexplained depression, fear, agitation, isolation and withdrawal from normal activities and other people
