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How does California punish those who engage in elder abuse?

On Behalf of | May 6, 2021 | Elder Abuse |

In a best-case scenario, you have successfully protected your senior family member from all forms of elder abuse. If the worst has already happened and your loved one suffered abuse at the hands of a caregiver or family member, you need to know what happens next.

Seniors with limited abilities are vulnerable to elder abuse. They may suffer physical mistreatment, psychological abuse or financial exploitation. If they are isolated from family and friends, they are even more vulnerable. According to an excerpt from the book “Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America,” isolation may play a role in financial exploitation.

How does the state punish offenders?

The state of California offers special protections and considerations for elders with limited abilities. Three examples of limited abilities include:

  1. Unable to care for themselves
  2. Unable to protect their rights
  3. Unable to engage in “normal” daily activities

Under state penal code section 368, those caught abusing elders must pay a $6,000 fine and serve one or more years behind bars. The state may increase these penalties if the abuse was egregious, caused great bodily harm or resulted in death. These penalties may also increase according to the victim’s age at the time of the abuse.

The state will likely impose harsh consequences upon the one that harmed your loved one. However, a civil action guided by an experienced lawyer can help you acquire the funds to find your elder a safe and enriching residential environment.

Acquiring justice for your harmed loved one begins with identifying the problem. Once elder abuse is confirmed, please consider speaking with a legal professional about your senior. Taking this step ensures that your loved one has an advocate whose sole mission is to fight for and preserve your elder’s rights.