A Guide To California Elderly Abuse Laws: Criminal & Civil Law

Elder abuse and neglect have long plagued the United States, but the problem is intensifying as our population ages. California, for example, is projected to have over 8.4 million residents over 65 by 2030, according to the Stanford Center of Longevity.

This growing vulnerability is particularly concerning because the perpetrators of elder abuse are often those closest to the victim: family members or even nursing home staff. Seniors themselves may be unaware of the abuse or too afraid to report it.

Fortunately, California takes a strong stance against elder abuse. The California Elderly Abuse Laws, encompassing both criminal and civil codes, offer various avenues for holding abusers accountable and protecting our vulnerable elderly population.

If you suspect an elderly loved one is being abused, legal action under these laws can ensure their safety and potentially recover compensation for the harm they’ve suffered.

Before diving into legalities, let’s first establish a foundational understanding of elder abuse.

What Qualifies As Elder Abuse in California?

In California, as defined by the CDC, elder abuse encompasses any intentional act or inaction that creates a risk of harm or directly causes harm to an older adult. This can take many forms, including:

• Physical Abuse: Hitting, slapping, pushing, or any act that inflicts physical injury.
• Emotional Abuse: Yelling, threats, humiliation, or isolation.
• Financial Abuse: Stealing money or valuables, misusing assets, or forging checks.
• Neglect: Withholding food, medication, or basic hygiene care.
• Self-Neglect: When an elder is unable to care for themselves and refuses help.
• Abandonment: Deserting an elder by a caregiver.

Below, we look at the criminal and civil laws penalizing such behaviors.

#1 California Penal Code 368 (PC 368) – Criminal Law

One of the popular California Elderly Abuse Laws is known as Penal Code 368 (PC 368), a powerful tool to combat this crime. This law recognizes the seriousness of elder abuse by classifying it as a “wobbler offense.” This means prosecutors have the flexibility to pursue charges as a felony or a misdemeanor, depending on the severity of the abuse.

How Prosecutors Charge An Elder Abuse Crime 

California’s Penal Code 368 treats elder abuse as a felony when the following occurs:

• Intentionality and Knowledge: The abuser knowingly targeted an elder or dependent adult.
• Direct Harm: The abuser willfully caused the elder to suffer physical pain, mental suffering, or injuries.
• Caregiver Responsibility: The abuser was a caretaker who intentionally caused harm to the elder’s health or well-being, or placed them in a dangerous situation.

Misdemeanor vs. Felony: A Matter of Severity

Elder abuse can also be charged as a misdemeanor under PC 368. The key difference lies in the severity of the abuse. In misdemeanor cases, the abuse may have caused emotional distress or minor injuries but is unlikely to result in serious bodily harm or death

Prosecutors generally charge elder abuse as a misdemeanor based on the same factors, but the difference is that the abuse is not likely to cause serious bodily harm or death. 

What Is the Penalty for Elder Abuse in California?

The punishment an abuser receives depends on whether the abusive act is deemed a misdemeanor or a felony. 

If convicted under PC 368 as a felony, the abuser will face all or any of the following: 

• State imprisonment for 2-4 years, or imprisonment in the county jail for up to a year 
• Fines up to $6,000
• Both imprisonment and fines 

Other than these, they may also face: 

• Probation/parole 
• Restitution 
• Community service ordered by the court 
• Counseling services ordered by the court 

The defendant convicted of misdemeanor abuse will face the same fines as a felony conviction. They can also face informal probation, restitution, and counseling. However, they are only subject to up to one year in county jail. 

#2 The Elder Abuse Act (Civil Law) 

On the civil side, the primary legislation for pursuing elder abuse claims in California is the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).  

What is the Elder Abuse and Dependent Adult Civil Protection Act? 

While criminal prosecution is an important tool, California recognizes the need for additional support for victims. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), often called the California Elder Abuse Act, provides a crucial safety net.

The EADACPA empowers victims and their loved ones by providing civil remedies. These remedies can include:

• Financial compensation for damages caused by abuse.
• Court orders to stop the abuse and protect the elder.
• Relocation from an unsafe environment.

The Act also designates key organizations to play a vital role in protecting elders:

• Adult Protective Services (APS): Investigates reports of abuse and neglect.
• Long-Term Care Ombudsmen: Advocate for residents in long-term care facilities.
• Law Enforcement: Works alongside APS to investigate and potentially press criminal charges.

By combining civil remedies with the involvement of these agencies, the EADACPA creates a comprehensive safety net for California’s elderly population.

The California Elder Abuse Act safeguards two groups:

• Elders: People aged 65 and over.
• Dependent Adults: Adults between 18 and 64 with physical or mental limitations that hinder their daily activities or ability to protect themselves.

Key Differences Between PC 368 and the Act

While both PC 368 and the Elder Abuse Act address elder abuse, they have distinct purposes:

• Focus: PC 368 is a criminal statute, aiming to punish abusers with jail time or fines. The Act, on the other hand, is a civil statute, offering victims financial compensation for damages.
• Level of Intent: PC 368 applies only to intentional (“willful”) abuse. The Act encompasses not just intentional abuse but also situations where the abuser acted recklessly, disregarding the potential for harm.
• Reporting Requirements: The Act mandates that certain professionals report suspected elder abuse. These “mandated reporters” include doctors, nurses, social workers, and long-term care facility staff.

Reporting Requirements by California Elderly Abuse Laws

Who Must Report Elder Abuse in California?

California law requires certain professionals to report suspected elder abuse. These “mandated reporters” include:

• Healthcare Workers: Doctors, nurses, social workers, and staff at public/private care facilities.
• Eldercare Providers: Custodians and other caregivers.
• Officials: Clergy members, law enforcement officers, and Adult Protective Services (APS) employees.

What to Report and When?

These individuals must report any suspected elder abuse, including:

• Physical Abuse
• Senior Fraud
• Neglect
• Isolation
• Abandonment

Reports must be made immediately by phone, followed by a written report within two business days.

Different Reporting Timelines for Severity

• Less Serious Injuries: Report to law enforcement and ombudsmen within 24 hours.
• Serious Injuries: Report to law enforcement within 2 hours and ombudsmen within 24 hours.

Consequences of Failing to Report

Not reporting abuse is a misdemeanor with potential penalties of:

• $1,000 fine or up to 6 months in jail for unreported abuse.
• $5,000 fine or 1 year in jail if unreported abuse leads to death or severe disability.

How You Can Report Elder Abuse (Even if You’re Not a Mandated Reporter)

Anyone can report suspected elder abuse, regardless of profession. Here’s who to contact:

• Nursing Home Abuse:
  • Department of Public Health (DPH)
  • Local Law Enforcement
  • Long-Term Care Ombudsman Program
  • Office of State Attorney General (Bureau of Medi-Cal Fraud and Elder Abuse)

Learn more: When should you hire a nursing home abuse lawyer?

• Home or Apartment Abuse:
  • Adult Protective Services (APS) in your county
  • Local Law Enforcement and District Attorney’s Office

Reporting to Adult Protective Services (APS): What to Expect

California empowers its communities to fight elder abuse through Adult Protective Services (APS) . Each county has an APS agency dedicated to investigating reports and protecting vulnerable adults.

What Happens After You Report?

1. Investigation: Upon receiving your report, APS launches an investigation to assess the situation and determine if abuse or neglect is occurring.
2. Assessment: They’ll evaluate the elder’s well-being, living environment, and need for support services.
3. Intervention: If abuse is confirmed, APS works to develop a safety plan. This might involve:
   • Relocating the elder to a safe environment
   • Connecting them with home care services
   • Providing counseling or legal assistance

When to Call 911

If you suspect an elder is in immediate danger, don’t hesitate to call 911. Law enforcement intervention can ensure their safety while APS investigates long-term solutions.

Remember: Reporting suspected abuse is crucial to protect California’s elderly population. APS is there to help, so don’t hesitate to reach out if you have concerns.

Limitations of California Elder Abuse Laws

While reporting elder abuse is crucial, taking legal action also requires adhering to California’s statute of limitations. This time limit dictates how long you have to file a lawsuit.

The Two-Year Deadline:

In most elder abuse and neglect cases, you generally have two years from the date the abuse occurred or the date you should have discovered the abuse to file a lawsuit.

Important Considerations:

• Government or Healthcare Provider: The deadline may be shorter if the abuser is a government entity or healthcare provider.
• Multiple Causes of Action: If your lawsuit involves additional claims beyond elder abuse, the deadlines for those claims may differ.

Challenges in Determining the Deadline:

• Chronic Abuse: Unlike a single incident, elder abuse often occurs repeatedly, making it difficult to pinpoint a specific date.
• Cognitive Impairment: If the senior suffers from cognitive decline, they may not be able to report the abuse promptly.

Don’t Miss Out on Compensation:

Missing the deadline can significantly impact your ability to recover compensation for damages. If you suspect elder abuse, consult with an elder abuse attorney as soon as possible to understand your legal options.

Informed Legal Help Can Protect Your Elderly Loved One

If you believe that an older loved one is suffering from elder abuse, you can hold their abusers accountable and seek remedies. 

However, since the California Elderly Abuse Laws as a whole are complex, it is best to consult an experienced elder abuse attorney. They can tell you whether you have a case, advise you regarding how to prove that case in California, and then guide you through the complicated litigation process. Ultimately, they can help you understand your best legal options so that you can protect your loved one and hold abusive and neglectful individuals accountable.

Nursing Home & Elder Abuse Law Center Can Help

We are a leading California law center with a proven track record in elder abuse and neglect cases. Our compassionate elder abuse attorneys understand the emotional and financial toll these situations take on families.

We Fight for Seniors in San Francisco, the North Bay, Oakland, Walnut Creek, San Jose, Sacramento, and Across California

Let us advocate for your loved one. We offer:

• Free consultations: Discuss your case with a dedicated attorney at no cost.
• Experienced representation: Benefit from our extensive knowledge of elder abuse law.
• Compassionate support: We understand the sensitive nature of these cases.

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