Elders and dependent adults are among the most vulnerable members of our society. Safeguarding the physical and financial condition of these individuals is a core mission of our firm. California law provides robust protections and remedies with the goal of protecting elders and dependent adults.

Financial Elder Abuse

California’s Welfare and Institutions Code makes it unlawful to take or obtain real or personal property from an elder or dependent adult through fraud, undue influence or for a “wrongful use.” Wrongful use means the person taking the property knew or should have known that the conduct is likely to be harmful to the elder or dependent adult.

Physical Elder Abuse

In addition to financial abuse, the law protects against acts amounting to neglect and physical abuse of an elder. In this context, “neglect” means the failure of any person having care or custody of an elder or a dependent adult to exercise reasonable care that a reasonable person in a like position would exercise. Physical abuse refers to a list of heinous acts, which includes unreasonable physical constraint and continual deprivation of food and water.

In cases of potential elder abuse, time is a critical factor. If you suspect elder abuse, you should act immediately to protect the health of the elder and/or to prevent disbursement of his or her assets. If you wish to consult with our office, please do not hesitate to contact us.