Financial Elder Abuse
Demand restitution for stolen assets, POA abuse, undue influence, forged documents, and caregiver theft under W&I Code 15610.30.
Nursing Home Neglect
Demand accountability for understaffing, bedsores, falls, medication errors, and abuse in skilled nursing facilities under H&S Code.
Conservatorship Abuse
Challenge conservator misconduct, fiduciary breaches, unauthorized transactions, and petition for removal under Probate Code.
Caregiver Fraud & Theft
Pursue in-home caregivers for theft, financial exploitation, undue influence, and abuse of trust under W&I Code 15610.30.
APS Complaints & Process
Navigate Adult Protective Services complaints, mandatory reporting, investigations, and coordinate with civil claims.
California Elder Abuse Law Overview
California provides some of the strongest elder abuse protections in the nation through the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This comprehensive statutory scheme creates enhanced civil remedies, mandatory reporting requirements, and criminal penalties for those who abuse elders (65+) or dependent adults.
Key California Statutes
W&I Code § 15610.07
"Abuse of an elder" includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, and other treatment resulting in harm.
W&I Code § 15610.30
Financial abuse includes taking property for wrongful use, by undue influence, or with intent to defraud an elder or dependent adult.
W&I Code § 15657
Enhanced remedies for physical abuse and neglect, including attorney's fees and up to treble damages for reckless conduct.
W&I Code § 15657.5
Enhanced remedies for financial abuse: attorney's fees and up to double damages for reckless, oppressive, or malicious conduct.
Probate Code § 259
Abusers may be disinherited and barred from taking property from the elder's estate if abuse is proven.
Penal Code § 368
Criminal elder abuse statute with enhanced penalties for crimes against elders and dependent adults.
Who Qualifies for Protection?
- Elder: Any person 65 years of age or older (W&I Code § 15610.27)
- Dependent Adult: Person 18-64 with physical or mental limitations restricting ability to carry out normal activities or protect their rights (W&I Code § 15610.23)
Common Types of Elder Abuse
- Financial Abuse: Theft, fraud, undue influence, POA abuse, forged documents, identity theft
- Physical Abuse: Hitting, pushing, restraining, rough handling
- Neglect: Failure to provide food, shelter, medical care, hygiene
- Abandonment: Desertion by caregiver with responsibility for custody
- Psychological Abuse: Threats, humiliation, intimidation, isolation
- Self-Neglect: Elder's own failure to provide necessities (may still warrant intervention)
Two-Sided Coverage
Each page in this hub addresses both perspectives:
For Victims & Families (Senders)
- Evidence checklists for documenting abuse
- Sample demand letter language
- Damages calculations including enhanced remedies
- Reporting procedures (APS, law enforcement, licensing boards)
- Litigation strategy and timeline
For Those Accused (Recipients)
- Common defenses to elder abuse claims
- Response letter templates
- How to preserve evidence of innocence
- Navigating APS investigations
- Protecting against false accusations
Need Help With an Elder Abuse Matter?
I personally handle California elder abuse cases—whether you're pursuing a claim against an abuser or defending against accusations. Demand letters start at $450.