A Legal Guide On How to Prove Elder Abuse in California
California residents have the fourth highest life expectancy in the United States; it is estimated that by 2030, over four million residents will be 65 or older. The growing age population poses some policy risks and changes, especially in the sector of senior support services, as there will also be a burgeoning need for additional resources and healthcare workers to parallel this kind of upswing.
However, there is also one growing concern in light of this new statistic: elder abuse.
Every year, abuse harms around 200,000 Californian elders, with a significant number of cases likely going unreported.
So what can we do?
With the expanding population of elders in the state, it is crucial to know how to prove elder abuse in California in such cases where you recognize signs of it. Elder abuse can take many forms, including physical, emotional, financial, and social—among many other things.
Here are some things to be aware of when learning to prove elder abuse in California.
What Qualifies as Elder Abuse in California?
The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) safeguards elderly individuals from a range of abuses, including physical harm, emotional distress, sexual assault, financial exploitation, neglect, and abandonment. This protection extends to abuse by caregivers, family members, or anyone in a position of trust.
What Are the Six Types of Elder Abuse?
Elder abuse can be classified into six main types:
1. Physical Abuse
Physical abuse is the most egregious form of elder mistreatment. It involves inflicting pain or injury on an elder through hitting, pushing, slapping, or misuse of restraints. This abuse often leaves visible signs like bruises, cuts, and broken bones, causing the victim immense physical suffering.
2. Emotional Abuse
Emotional abuse of elders intentionally inflicts mental anguish through threats, humiliation, isolation, or other harmful verbal or non-verbal behavior. This can cause victims to withdraw, become fearful, and exhibit sudden changes in behavior, as if they are constantly walking on eggshells.
3. Neglect
Elder neglect includes not providing enough food, clothing, shelter, medical care, and hygiene resources—which often leads to malnutrition and unattended medical needs.
4. Sexual Abuse
Any non-consensual sexual contact—may it be from inappropriate touching to rape—is a grave violation. Signs of this may include unexplained sexually transmitted infections, genital bruises, and an intense fear of certain individuals.
5. Abandonment
Abandonment is when a caregiver deserts an elderly person, leaving them without the necessary care or support. The older person might be left alone in a public place or unattended for long periods.
6. Financial Abuse
Financial exploitation involves illegally or improperly using an elder’s funds, property, or assets, which can include forgery, theft, or coercing the elderly person into signing financial documents against their will. Be wary of sudden changes in bank accounts, unexplained withdrawals, and missing belongings.
How To Prove Elder Abuse in California
Proving elder abuse in California requires taking accusations seriously and gathering strong evidence to build a solid case. Here are several steps to consider:
1. Verify the Victim’s Age
Ensure that the victim was 65 years old or older at the time of the alleged abuse, as this is necessary for the case to fall under the legal protection for elder abuse.
2. Establish the Relationship
Establish a relationship between the accused and the elder person. Demonstrate that the accused was a relative, caregiver, or someone entrusted with the elder’s well-being (fiduciary role). This clarifies the duty of care owed to the elder.
3. Gather Evidence of Abuse
Collect clear evidence of the abuse, whether it involves physical harm, emotional distress, or financial exploitation. For physical and emotional abuse, this could include photos of injuries, medical records, or psychological evaluations.
4. Prove Financial Exploitation
In cases of financial abuse, provide evidence that the accused committed fraud, coercion, or undue influence to gain access to the elder’s assets. Try to show documentation of financial transactions, such as bank statements, receipts, and contracts.
5. Document Intent
Show evidence of an intentional act of taking or retaining the property without any intent to return it. This might involve proving that the accused deliberately acted to deprive the elderly person of their assets.
6. Collect Supporting Documentation
Gather all necessary documentation to build the case. This includes:
- Financial records: bank statements, receipts, contracts.
- Medical records: documentation of physical injuries or psychological harm.
- Expert opinions: statements from medical or financial experts to corroborate the abuse.
7. Obtain Witness Statements
Collect testimonies from witnesses who have observed the abuse. This can include caregivers, family members, or professionals who can provide insights into the elder’s condition and the accused’s actions.
8. Monitor Behavioral Changes
Document any changes in the elderly individual’s behavior, health, or financial situation that are consistent with signs of mistreatment. These observations can help establish a pattern of abuse.
Conclusion
If you suspect elder abuse, don’t hesitate to take action—but do it responsibly. Addressing this issue quickly can protect a vulnerable senior and potentially save a life, so finding the right legal help after knowing how to approve elder abuse in California is essential. Elder abuse lawyers, nursing home neglect attorneys, and wrongful death lawyers have the experience and understanding to handle these sensitive cases.
At Stipp Law Firm, we know how complex and emotional elder abuse cases can be. Our team of caring legal professionals is here to support you every step of the way. We have the knowledge and dedication to build a strong case and seek justice for your loved ones.
Reach out to us today to find the right elder abuse attorney who can meet your needs.