What is elder abuse?
The law defines elder abuse as “physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.” (Welfare & Institutions Code, Section 15610.07 and in Penal Code 368) “Elders” are defined as persons 65 years of age or older. Physical Abuse: Assault, battery, sexual assault, battery or rape, prolonged or continual deprivation of food or water, or use of physical or chemical restraints for punishment, convenience or without or beyond the scope of the doctor’s order. (Refer to key indicators of physical abuse.) Neglect: The failure to exercise that degree of care that a reasonable person in a care providing capacity would exercise such as failure to assist in personal hygiene, provision of food, clothing or shelter, provision of medical care, or to protect from health and safet
Elder abuse may be domestic or institutional. Domestic elder abuse refers to maltreatment of an older person residing in his/her own home or the home of a caregiver. Institutional abuse refers to the maltreatment of an older person residing in a residential facility for older persons, e.g., a nursing home, board and care home, foster home, or group home The four common kinds of elder abuse are: (1) physical abuse, the infliction of physical pain or injury, e.g., slapping, bruising, sexually molesting, restraining; (2) psychological abuse, the infliction of mental anguish, e.g., humiliating, intimidating, threatening; (3) financial abuse, the improper or illegal use of the resources of an older person, without his/her consent, for someone else’s benefit; and (4) neglect, failure to fulfill a caretaking obligation to provide goods or services, e.g., abandonment, denial of food or health-related services. Elder abuse is a serious problem affecting millions of older Americans every year, a
Elder abuse law in California largely focuses on the “Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)”. Broadly speaking, abuse under an EADACPA claim in a civil action includes “physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering, the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering.
Elder Abuse is an act that results in harm or threatened injury to a person 65 years or older. This website was designed to help services providers who come into contact with older individuals. Elder abuse is a hidden problem in all of our communities but especially i communities where seniors have recently immigrated from other countries or do not speak English as a first language. Seniors in the Asian and Pacific islander communities are much less likely to complain or report abuse. Many barriers stand in their way preventing them from seeking help or believing that there is any help available. First among the barriers is the need for culturally and linguistically appropriate services, something we call “cultural competence.” Elder Abuse can be any of the following: • Physical Abuse can include hitting, punching, striking, pushing, sexual abuse, prolonged deprivation of food or water, withholding medication, the use of alcohol or unauthorized drugs to make the older person easier to
• Financial Abuse • Physical Abuse • Emotional Abuse • Neglect Elder abuse is the mistreatment of an elderly person by someone known to the senior. This includes financial abuse, physical abuse, emotional abuse, and neglect. Elder abuse happens everywhere in poor, middle class, and upper-income households. It is a problem that has no demographic or ethnic boundaries. Because family members or close friends of the senior are often the culprits of financial, physical, and emotional abuse, this abuse is often difficult to discover and to accept. FINANCIAL ABUSE is the mismanagement of money, property or other assets belonging to a senior. Anyone who has access to your personal information, such as bank account numbers, credit cards, checkbooks, etc. can potentially steal from you. Be careful about whom you trust. You can take steps to protect yourself from financial abuse. Protect yourself: • Cancel all credit cards you are not using. • Never keep the Personal Identification Number (PIN)
