If appropriate, an arrest is made and criminal charges are brought. A trial begins if the prosecutor files charges. A prison sentence of up to 15 years follows upon conviction. Knowingly filing a false claim of elder abuse comes with legal consequences.
“Exploitation.” An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or ...
Elder Abuse California Statute of Limitations You must act promptly in reporting elder abuse and filing a lawsuit. Under the statute of limitations in California, you have two years to file an elder abuse or neglect case in court.
Steps to Proving Financial Elder Abuse Hire an elder financial abuse attorney. Prove the victim is an elder. Identify the suspect. Gather as much evidence as possible. Identify where and how the financial abuse took place. Prove it is “more likely than not” that there was abuse.
California Adult Protective Service Agency: call (833) 401-0832 or visit the APS website for a list of county APS contacts. Attorney General's Elder and Dependent Adult Abuse Hotline: (888) 436-3600. Long-Term Care Ombudsman/CRISISline: (800) 231-4024.
You need hard evidence to prove that the suspect exploited the senior financially. This could include bank statements, copies of processed checks, or copies of legal documents.
In California, elders are defined as persons 60 years and older. Under California law, elder abuse can be both criminal and civil. Civil law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering to an elder.
Their identity can remain confidential. If you are not a mandated reporter, you can choose to report elder abuse in California anonymously.