California Elder Abuse Law Hub

What is Elder Abuse in California?

California's Welfare and Institutions Code Chapter 11 is the Elder Abuse and Dependent Adult Civil Protection Act. W&I § 15610.07 defines abuse of an elder or dependent adult to include physical abuse, neglect, abandonment, isolation, abduction, certain other harmful treatment or deprivation of necessary goods or services, and financial abuse.

Who is Protected?

• Elders: Persons residing in California who are 65 years of age or older (W&I § 15610.27).
• Dependent Adults: Persons residing in California, ages 18 through 64, who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights, including persons with physical or developmental disabilities or diminished physical or mental abilities because of age. The definition also includes any person ages 18 through 64 who is admitted as an inpatient to a 24-hour health facility described in W&I § 15610.23 (W&I § 15610.23).

Enhanced Remedies Under California Elder-Abuse Law

California elder-abuse statutes provide different remedies depending on the type of claim and the applicable proof requirements.

California elder-abuse statutes provide enhanced remedies in specified circumstances, including mandatory attorney's fees and costs, compensatory damages, and relief from certain limits on damages recoverable after death. Punitive damages may also be available under Civil Code § 3294 when its requirements are satisfied. Civil Code § 3345 does not automatically treble actual damages for financial elder abuse.

Types of Elder Abuse Under California Law

1. Physical Abuse (W&I § 15610.63)

Physical abuse includes:

• Assault
• Battery
• Assault with a deadly weapon or force likely to produce great bodily injury
• Unreasonable physical constraint
• Prolonged or continual deprivation of food or water
• Sexual assault as specified in the statute
• Use of a physical or chemical restraint or psychotropic medication for punishment, beyond the period ordered by the treating physician and surgeon, or for a purpose not authorized by that physician and surgeon

Assault, battery, and certain injury or death claims: CCP § 335.1 provides a two-year period for an action for assault, battery, or injury to, or death of, an individual caused by the wrongful act or neglect of another.

2. Neglect (W&I § 15610.57)

Neglect includes the negligent failure of a person having the care or custody of an elder or dependent adult to exercise the degree of care that a reasonable person in a like position would exercise, and the negligent failure of an elder or dependent adult to exercise that degree of self-care.

Neglect includes, but is not limited to:

• Failure to assist in personal hygiene or provide food, clothing, or shelter
• Failure to provide medical care for physical and mental health needs, subject to the statutory provision concerning voluntary reliance on spiritual treatment
• Failure to protect from health and safety hazards
• Failure to prevent malnutrition or dehydration
• Substantial inability or failure of an elder or dependent adult to manage their own finances
• Failure of an elder or dependent adult to satisfy those needs for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health

The statute also includes homelessness when the elder or dependent adult is unable to meet one or more of the specified needs.

3. Financial Abuse (W&I § 15610.30)

Financial abuse occurs when a person or entity:

• Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both
• Assists in that conduct
• Takes, secretes, appropriates, obtains, or retains property, or assists in doing so, by undue influence

The statute also provides rules for determining wrongful use and when an elder or dependent adult has been deprived of a property right.

Financial abuse: W&I § 15657.7 provides that an action for damages under §§ 15657.5 and 15657.6 for financial abuse must be commenced within four years after the plaintiff discovers, or through the exercise of reasonable diligence should have discovered, the facts constituting the financial abuse.

4. Abandonment (W&I § 15610.05)

Desertion or willful forsaking of an elder or dependent adult by anyone having care or custody, under circumstances in which a reasonable person would continue to provide care and custody.

5. Isolation (W&I § 15610.43)

Isolation includes intentionally preventing, and actually preventing, an elder or dependent adult from receiving mail or telephone calls; making specified false statements to callers or prospective visitors for the purpose of preventing contact; false imprisonment; and physically restraining the elder or dependent adult for the purpose of preventing meetings with visitors. The statute also contains specified provisions concerning physician instructions and reasonably perceived threats to property or physical safety.

6. Abduction (W&I § 15610.06)

Abduction includes removing from California and restraining from returning, or restraining from returning, an elder or dependent adult who lacks capacity to consent to the removal and restraint. It also includes removing from California or restraining from returning a conservatee without the consent of the conservator or the court.

Enhanced Remedies for Elder Abuse

Attorney's Fees and Costs (W&I §§ 15657, 15657.5)

For financial abuse, if liability under W&I § 15610.30 is proven by a preponderance of the evidence, § 15657.5(a) requires the court to award the plaintiff reasonable attorney's fees and costs in addition to compensatory damages and other remedies otherwise provided by law.

For physical abuse, neglect, or abandonment, § 15657 applies when the required liability standard is satisfied and the defendant is also shown to have been guilty of recklessness, oppression, fraud, or malice. Section 15657 states a clear-and-convincing standard, subject to its stated reference to proof by a preponderance pursuant to § 15657.02.

Financial Abuse Remedies (W&I § 15657.5)

If financial abuse as defined in W&I § 15610.30 is proven by a preponderance of the evidence, the court shall award the plaintiff reasonable attorney's fees and costs in addition to compensatory damages and other remedies otherwise provided by law.

If financial-abuse liability is proven by a preponderance of the evidence and recklessness, oppression, fraud, or malice is proven by clear and convincing evidence, the limitations imposed by CCP § 377.34 do not apply.

Punitive damages are governed separately by Civil Code § 3294.

Civil Code § 3345 does not itself authorize trebling actual damages for financial elder abuse. Section 3345 applies to specified actions brought by or for senior citizens, disabled persons, or veterans to redress unfair or deceptive acts or practices or unfair methods of competition. When another statute authorizes a discretionary fine, civil penalty, other penalty, or other punitive or deterrent remedy, and the required § 3345 findings are made, the trier of fact may increase that statutory amount up to threefold.

Pain and Suffering Damages (W&I § 15657)

W&I § 15657 can alter the survival-damages limitations otherwise imposed by CCP § 377.34 when its requirements are satisfied. Section 15657 also expressly limits recoverable damages by reference to Civil Code § 3333.2(b), and § 15657.2 separately provides that professional-negligence claims against health care providers are governed by the laws applicable to those claims.

Punitive Damages (Civil Code § 3294)

In an action for breach of an obligation not arising from contract, punitive damages may be awarded when the plaintiff proves by clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice. Additional requirements apply when punitive damages are sought against an employer based on an employee's conduct. W&I § 15657.5 does not itself create a punitive-damages award and expressly provides that it does not affect an award under Civil Code § 3294.

Financial Elder Abuse: Special Rules

Undue Influence (W&I § 15610.70)

Undue influence means excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. In determining whether a result was produced by undue influence, the statute requires consideration of:

• The vulnerability of the victim, including factors such as incapacity, illness, disability, injury, age, impaired cognitive function, emotional distress, isolation, or dependency
• The influencer's apparent authority, including status such as fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, or expert
• The actions or tactics used, including control of necessities, medication, interactions, information or sleep; affection, intimidation, or coercion; and specified tactics involving changes in personal or property rights
• The equity of the result, including economic consequences, divergence from prior intent or conduct, the relationship between value conveyed and consideration received, and the appropriateness of the change in light of the relationship

An inequitable result, standing alone, is not sufficient to prove undue influence.

Probate Consequences for Certain Abusers (Probate Code § 259)

Probate Code § 259 can treat a person as having predeceased a decedent for specified purposes if the statutory conditions are satisfied. Under § 259(a), this requires liability for physical abuse, neglect, or financial abuse proven by clear and convincing evidence, together with findings of bad faith; recklessness, oppression, fraud, or malice; and the decedent's substantial inability, during the relevant period, to manage financial resources or resist fraud or undue influence.

Section 259 also applies in the circumstances specified in subdivision (b) following a conviction under Penal Code § 236 or an offense described in Penal Code § 368.

Under subdivision (c), a person subject to the statute cannot receive property, damages, or costs awarded to the decedent's estate in the covered action through a will, trust, or intestacy, and may be barred from serving as a fiduciary under the conditions stated in the statute.

Real Property and Financial Abuse

W&I § 15610.30 applies to both real and personal property. A person or entity takes, secretes, appropriates, obtains, or retains property when an elder or dependent adult is deprived of a property right, including by means of an agreement, donative transfer, or testamentary bequest.

Mandatory Reporting Requirements

Who Must Report?

W&I § 15630 identifies mandated reporters that include:

• Persons who have assumed full or intermittent responsibility for the care or custody of an elder or dependent adult
• Administrators, supervisors, and licensed staff of public or private facilities that provide care or services for elders or dependent adults
• Care custodians, as defined in W&I § 15610.17
• Health practitioners, as defined in W&I § 15610.37
• Clergy members, subject to the statutory provisions and exceptions in § 15630
• Employees of county adult protective services agencies
• Employees of local law enforcement agencies

W&I § 15630.1 separately defines officers and employees of covered financial institutions as mandated reporters of suspected financial abuse. The reporting duty in § 15630.1(d)(1) applies when the specified direct-contact or financial-document review or approval conditions and the other statutory reporting criteria are satisfied.

Reporting Deadlines (W&I § 15630)

As a general rule, a mandated reporter covered by § 15630(b)(1) must report a known, suspected, or alleged instance of covered abuse by telephone or through the authorized confidential internet reporting tool immediately or as soon as practicably possible. If the initial report is made by telephone, a written report or internet report must follow within two working days.

Different rules apply to specified incidents in long-term care facilities, state mental hospitals, and state developmental centers, including two-hour and 24-hour reporting requirements.

Where to Report

The recipient depends on the reporting statute and setting:

• Under the general rule in W&I § 15630, abuse occurring outside a long-term care facility, state mental hospital, or state developmental center is reported to the county adult protective services agency or local law enforcement agency.
• Long-term care facility reports are subject to the specific recipient rules in § 15630(b)(1)(A), which can require reports to the long-term care ombudsman, local law enforcement agency, and corresponding state licensing agency.
• Reports involving a state mental hospital or state developmental center are subject to § 15630(b)(1)(E), which directs reports to designated state investigators and/or local law enforcement depending on the circumstances.
• Under W&I § 15630.1, a covered financial-institution report is made to the local adult protective services agency or local law enforcement agency, except that when the mandated reporter knows the elder or dependent adult resides in a long-term care facility, the report is made to the local ombudsman or local law enforcement agency.

Penalties for Failure to Report (W&I § 15630(h))

Failure to report, or impeding or inhibiting a required report, is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. A willful failure to report, or willful impeding or inhibiting of a report, where the abuse results in death or great bodily injury is punishable by up to one year in county jail, a fine of up to $5,000, or both.

Cross-Reporting (W&I § 15640)

W&I § 15640 requires specified cross-reporting among adult protective services agencies, local law enforcement agencies, long-term care ombudsman programs, licensing agencies, and other responsible agencies depending on the circumstances. Among other provisions, adult protective services agencies must cross-report specified matters to law enforcement and other responsible agencies, and local law enforcement agencies must cross-report to the long-term care ombudsman program for abuse alleged to have occurred in a long-term care facility or to county adult protective services for abuse alleged to have occurred elsewhere.

Nursing Home and Care Facility Abuse

Heightened Remedy Standard for Neglect

Under W&I § 15657, the specified statutory remedies apply when liability for neglect is proven by clear and convincing evidence, or by a preponderance of the evidence pursuant to § 15657.02, and the defendant is also shown to have been guilty of recklessness, oppression, fraud, or malice in the commission of the neglect. When those requirements are met, § 15657 requires an award of reasonable attorney's fees and costs and provides that specified limitations in CCP § 377.34 do not apply, subject to the limitation stated in Civil Code § 3333.2(b). W&I § 15657.2 separately provides that a claim against a health care provider based on alleged professional negligence is governed by the laws specifically applicable to professional-negligence claims.

Punitive Damages Against Corporate Employers

Civil Code § 3294(b) provides that an employer is not liable for punitive damages based on an employee's acts unless the employer had advance knowledge of the employee's unfitness and employed the employee with conscious disregard of others' rights or safety, authorized or ratified the wrongful conduct, or was itself guilty of oppression, fraud, or malice. For a corporate employer, the relevant advance knowledge and conscious disregard, authorization, ratification, or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent.

California elder-abuse matters can involve different statutory definitions, proof standards, remedies, reporting rules, and limitations periods. This hub is informational. For a specific matter, the $300 Written Attorney Consultation provides a written review of the issues, risks, and practical next steps.

A Written Attorney Consultation May Be Useful If:

• You need to determine whether particular facts fit the statutory definitions of physical abuse, neglect, financial abuse, abandonment, isolation, or abduction.
• You need to distinguish the remedies available for financial abuse under W&I § 15657.5 from remedies governed by other provisions.
• Real property or estate rights are affected and you need to assess whether W&I § 15610.30 or Probate Code § 259 may be relevant.
• You need to determine which reporting rule, deadline, or recipient applies under W&I § 15630 or § 15630.1.
• The timing of a potential claim is unclear under W&I § 15657.7 or the other limitations provisions discussed on this page.
• A health care provider is involved and you need to distinguish an elder-abuse theory from a professional-negligence claim governed by W&I § 15657.2.

What I Offer

• $300 Written Attorney Consultation: I'll review your situation and the key documents and provide a written analysis of the issues, risks, and practical next steps. Turnaround is two business days after I receive the necessary documents.