Elder abuse, may be a crime and California has an array of laws to protect our most vulnerable citizens. These laws may be found in the Penal Code, the Health and Safety Code and the Welfare and Institutions code.
MANY CRIMES COMMITTED AGAINST ELDERS HAVE SERIOUS CRIMINAL CONSEQUENCES
Many elders become targets of physical, emotional and financial abuse by caretakers. The caregivers can be professionals, family members or friends.
Yet elders, that is any persons over the age 65 are often unaware that there are protections against abuse, so they endure it. They do not have to. California has laws in the Penal Code, Health and Safety Code, and the Welfare and Institutions Code that address and punish abuse.
CRIMES AGAINST THE PERSON OF THE ELDER ARE ADDRESSED IN THE PENAL CODE
PENAL CODE * 288(a);(b)(2);(c)(2) (Lewd or Lascivious Acts) and PENAL CODE * 289 (Sexual Penetration) deal with sexual harassment and rape, these are not uncommon crimes committed against elders, particularly against elders with diminished capacity. You need to listen and make every effort to understand what the elder is attempting to say. Despite the unnecessary shame and real fear it is equally important for elders without any diminished capacity to report acts violating either of the above laws. If you speak you will be believed. It is important that family and friends be vigilant and if the senior appears withdrawn, or shaken they should ask what the problem is. Family and Friends should not hesitate to report suspicions of abuse. If the elder is living in assisted living, skilled care, an RCFE, or memory care the first people to report this to is the facility management. As well as reporting it they should demand that management investigate and if it appears probable that the abuse happened, insist that management involve law enforcement. If management is at all hesitant report the abuse to the police yourself.
Additional resources provided by the author
California Association for Elder Law Reform - this is great resource for elders in need of information about their rights and available remedies.
California Superior Courts - another great place to find very helpful information.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.