California does have laws that protect the elderly. These laws are designed to shield elderly and dependent adults from neglect, physical abuse, financial exploitation, and other forms of mistreatment. Understanding these protections can help your family recognize your elderly loved one’s rights, identify signs of abuse, and take action when something feels wrong.
If you believe your loved one is suffering abuse at their nursing home, don’t wait to hire an attorney. A Beverly Hills nursing home abuse lawyer will take on your case and fight for the justice and compensation your loved one deserves. Let’s take a closer look at the California laws that protect the elderly and how an attorney can help you.
California’s Definition of “Elderly”
Before reviewing California’s laws that protect the elderly, it’s important to understand who they protect. California Welfare & Institutions Code §15610.27 defines an elder as anyone 65 years of age or older, regardless of their living arrangement or medical condition.
If your loved one falls under this category and is suffering abuse at their care facility, there are laws in place that protect their rights. Schedule a free consultation with a lawyer today to learn more about California law and get the legal assistance you need to help your loved one.
California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)
The primary California law that protects the elderly is the Elder Abuse and Dependent Adult Civil Protection Act. This act provides both civil and criminal remedies for various forms of mistreatment. This law protects the elderly from the following forms of abuse:
- Physical abuse
- Neglect
- Financial abuse
- Psychological abuse
- Abandonment
- Isolation
This law protects the elderly from harm caused by intentional acts and reckless disregard. If elder abuse is proven, this law allows victims to receive compensation for medical costs, pain and suffering, financial exploitation, attorney’s fees, and more.
If your family member has faced one or more of the above-listed types of abuse at their nursing home, the law allows you to pursue justice. Meet with a dedicated personal injury attorney to learn more about your legal options.
Nursing Home Residents’ Rights Under Federal and State Law
The California laws that protect the elderly work alongside federal nursing home regulations to create strong safeguards for older, vulnerable adults. These laws give residents in licensed elder care facilities the right to:
- Be treated with dignity and respect
- Adequate and appropriate medical care
- Be free from unnecessary restraints
- Communicate privately with family and physicians
- Make important decisions about their care
- Voice complaints without fear of retaliation
- A safe and clean environment
- Receive visitors, mail, and phone calls
In addition to these rights, elder care facilities are also required to maintain care plans and document any changes observed in residents’ conditions. If your loved one lives in a nursing home and you believe the staff has violated one of their rights under state or federal law, consult with an attorney to find out how you can help them take action.
California Penal Code Protections
When considering California’s laws that protect the elderly, it’s also important to look at the state’s Penal Code, which includes criminal penalties for elder abuse. Under Penal Code §368, the following are considered crimes:
- Inflicting physical pain or suffering on an elderly person
- Allowing an elder to suffer unjustifiable physical or emotional harm
- Placing an elder in a situation that endangers their health or safety
- Committing financial fraud or theft against an elder
How a Nursing Home Abuse Lawyer Can Help You and Your Family
When your parent or older family member moves into a nursing home, you expect the facility’s staff to treat them with dignity and respect. Unfortunately, some care facilities cut corners, hire poorly trained staff, and even employ workers who take advantage of residents and cause them harm.
If you believe that your family member has suffered injuries and losses due to such abuse, you’ll need the help of a knowledgeable nursing home abuse lawyer. An attorney will draw on their deep knowledge of California’s elderly protection laws and fight to hold the at-fault party responsible for any physical harm, emotional distress, or financial losses.
Here’s what a dedicated attorney will do to help you and your loved one:
- Conduct a detailed investigation of the alleged abuse
- Review incident reports, witness statements, medical records, financial documents, and other forms of evidence
- Identify at-fault parties and file a strong claim
- Negotiate a settlement that meets your loved one’s needs
- Represent your family in court, if necessary
- Fight for justice and fair compensation
- Answer any questions you have about the laws that protect California’s elderly
- Keep you updated on your case
Have you been involved
in an accident?
(310) 526-8383
Learn More About the California Laws That Protect the Elderly
If your parents, in-laws, or another older member of your family lives in a nursing home, you’ve probably asked yourself, “Does California have laws that protect the elderly?” The good news is that California has several laws that offer protections to older individuals, especially those living in care facilities.
If your elderly loved one has suffered abuse at their place of residence, don’t hesitate to reach out to Omega Law Group Accident & Injury Attorneys. Our compassionate team of nursing home abuse lawyers has decades of experience and is ready to advocate for your loved one. Contact us today to schedule a free consultation and learn more about your options.
