Adult Protective Services (APS) is the most widely used intervention to address elder mistreatment and neglect. This social services agency is charged with investigating allegations of abuse and neglect and facilitating appropriate remedies.
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.
Action on Elder Abuse (AEA) Est 1993. AEA challenges the abuse of older adults, and influences the experience of other adults at risk of abuse, by raising awareness, seeking to raise standards of care, influencing the development of health and social policy, providing training and working with the media.
In California, elder abuse charges can lead to the following: A fine of $2,500 or to six-digit values. Imprisonment in county jail (for misdemeanors) Incarceration in state prison (for felonies)
Their identity can remain confidential. If you are not a mandated reporter, you can choose to report elder abuse in California anonymously.
Elder Abuse Is a Crime in California Misdemeanor elder abuse can be punished by up to one year in county jail and a maximum fine of $6,000 as well as restitution. Felony elder abuse in California can be punished by up to four years in prison and up to seven additional years if the victim suffered great bodily harm.
If someone is living alone, then family members can step in to assist until finances can be set up, medicaid put in place and aides can be placed in the home or the person can move into a nursing home or assisted living facility, depending upon their needs. This is not a quick process, but it can be done.
Mandated Report Forms: Form SOC 341 must be completed and signed by the mandated reporter. When Do Mandated Reporters Make Their Reports? Immediately or as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two (2) working days.
Again, on physical evidence as an officer, you want to look for bruises, rashes, and bedsores on that subject. Bedsores can be absolutely indicative of abuse or neglect. Photograph, get statements from neighbors, social workers, family members, physicians, and nurses.
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.