How To Report Elder Abuse In California?

2 Mar, 20

• in Legal Info

Elder abuse is becoming a serious problem. Therefore, it is important for California residents to learn about elder abuse law, the specific types of abuse against elderly persons, how to recognize that it is taking place, the process of initiating an elder abuse lawsuit and how to report elder abuse in California. However, as our company is a bail bonds operation, we would first like to offer readers a brief description of the bail bonds process. When someone is arrested and charged with a crime, said individual might need to post bail in order to be granted release from incarceration. Bail is a type of financial insurance that the accused party will reappear in court to face the charges levied against them.

Bail Bonds Operators

The specific amount of bail an adjudicating body will set depends upon the severity of the crime the accused is facing and other factors such as said individual’s criminal record. Typically, a defendant must post 10 percent of the bail amount to gain release. A bail bonds company will post the remainder but take property or assets the defendant owns as collateral. Should the defendant appear in court, their collateral is returned and the bail bonds representatives typically keep the initial 10 percent posting.

Elder Abuse Law

In California, abusing individuals over age 65 is against the law and can be prosecuted criminally to be subject to civil litigation.

Types Of Abuse Against Elderly

Criminal Abuses

Criminal offenses occur when a perpetrator deliberately uses physical coercion or mental torment as means of hurting or subjugating an aged person to undue pain can be prosecuted. Moreover, allowing an elder individual to fall into a dangerous state of isolation or despair can also be considered a crime.

Civil Abuses

There are several forms of potential civil offenses such as:

Financial Abuse

The perpetrator uses the aged person’s funds or property for personal gain.

Neglect

An intended caregiver or close relation fails to ensure an elderly person obtains proper nutrition, medical care or practices good hygiene.

Mental Abuse

A perpetrator uses threats or coercion to demand a certain type of behavior from an elderly person. Typically, individuals engage in such actions to gain access to their finances.

Who Perpetrates Elder Abuse?

Elder abusers can come in several forms. In many instances, the abuser is someone the victim knew relatively well such as a close relative or a trusted caregiver. However, other parties that might engage in this type of behavior include financial scam artists, professional caregivers and healthcare institutions like nursing homes and assisted living facilities.

How To Recognize Elder Abuse?

Identifying potential cases of elder abuse is not always a simple task. However, there are certain signs loved ones are strongly cautioned to look out for including:

Behavioral Changes

Persons victimized by elder abuse might display a slew of behavioral changes such as being withdrawn, demonstrating unexplained or excessive fear, a reluctance to speak up, making excuses for new or worsening injuries or illnesses, and the display of negative emotions like anger, agitation, paranoia, and anxiety. Additionally, some victims of elder abuse might seem disoriented or confused even when no such mental issues warrant said issues.

Physical Changes

Healthcare professionals and advocates for the elderly suggest that a seasoned person’s physical condition is another potential telltale sign regarding how to recognize elder abuse. If the individual in question complains of new or worsening pain, shows symptoms of severe anxiety like trembling, possesses bed sores or any other unexplained bruises, lost significant amounts of weight or is demonstrating poor hygiene, serious red flags should be raised.

Report Elder Abuse In California

Should someone suspect that an older person they know or love might have been or is currently the victim of elder abuse, they should report their findings to the Department of Social Services in the county in which the potential victim resides in. Representatives of said agency will then conduct an investigation and, if need be, notify the appropriate authorities.

Mandated Reporters

In California, certain individuals associated with elder people are classified as mandated reporters. This means that said individuals have a legal responsibility to report any suspected incidents of elder abuse. Such persons could be relatives of the potential victim, healthcare workers, law enforcement officials, social workers and representatives of financial institutions.

Initiating An Elder Abuse Lawsuit

Should an older person or their loved one have what they believe is compelling evidence of some form of abuse, said individuals might be able to bring forth a civil action against the alleged perpetrators. All evidence should be brought to the attention of an elder care attorney who can review said evidence and offer suggestions regarding the most appropriate next steps.