Elder Abuse & Neglect

	The National Elder Abuse Incidence Study, conducted by the National Center on Elder Abuse for the Administration for Children and Families and the Administration on Aging, U.S. Department of health and Human Services, estimates that at least one-half million seniors in domestic settings were abused and/or neglected, or experienced self neglect during 1996. The study also found that for every reported incident of elder abuse, neglect or self neglect, approximately five go unreported.
	The Select Committee on Aging of the U.S. House of Representatives (in 1981) held extensive hearings on elder abuse. In its follow-up report, the committee concluded that at least 4% of all elders age 65 and over in this country are abused or neglected. Many researchers who have studied the problem also estimate that approximately four to five percent of elders are abused or neglected each year. With more than 34 million seniors age 65 and over in the United States, 4% means that at least 1.4 million seniors are abused/neglected throughout the country at any given time. If this figure is applied to Los Angeles County (9.5 million residents, with 11% or 1 million seniors) we come up with a total of approximately 40,000 abused/neglected elders in the county. In the City of Los Angeles, with 3.7 million residents, the estimate is 16,000 abused or neglected seniors at any given time.
	National Research Center on Elder Abuse A study of 6300 substantiated reports of elder abuse shows: 37.2% Neglect 26.3% Physical abuse 20.0% Financial exploitation 11.0% Emotional abuse  1.6% Sexual abuse 30.0% Adult children perpetrators 17.8% Other relatives 14.8% Spouse 12.8% Service provider 10.0% Friends or neighbors  1.9% Grandchildren  1.7% Siblings More than two-thirds of perpetrators are family members. Elders 80 years and older are abused and neglected at two to three times their proportion of the elderly population. Female elders are abused at a higher rate than males, after accounting for their larger proportion in the aging population.
	An Adult Protective Services survey of cases in Los Angeles County showed the types of abuse to be evenly distributed: 28% Neglect 26% Fiduciary abuse 25% Psychological abuse 21% Physical abuse However, research indicated that many abuse victims were subject to multiple types of abuse, such as a combination of physical and psychological abuse, or a combination of fiduciary abuse and neglect.

	Physical abuse includes sexual assault such as rape or fondling, and other acts such as beating, slapping, shoving or kicking of an elderly person.
	Psychological abuse includes verbal harassment, threats, or other forms of intimidation directed towards an elder, such as the threat of placing him or her in a nursing home out of punishment.
	Fiduciary abuse includes the stealing or misuse of property or other assets belonging to an elder, such as his or her house, bank account, pension funds or Social Security payments.
	Neglect is defined as the failure to provide an elder with basic necessities such as adequate food, shelter, medical treatment or personal care.

	Outright physical abuse often takes place within families in which there is a history of violence, including child abuse and spouse abuse, or a history of drug abuse or mental illness, or a combination of these. In some cases, elder physical abuse is a retaliation for earlier child abuse.
	Fiduciary abuse usually occurs within situations where the elder is no longer able to protect his or her financial interests and is exploited by an unscrupulous relative or other caregiver who sees an opportunity to take advantage of the elder's vulnerability. Fiduciary abuse is often connected with substance abuse and the need to support an abuser's drug habits.
	Neglect often occurs in situations where the caregiver is unaware of the full needs of the elder, or too stressed out or exhausted to meet those needs. In some cases, the caregiver could do better but simply chooses not to take sufficient responsibility for the elder's care.
	Psychological abuse is sometimes the result of stress, but is often used in combination with other types of abuse to control the behavior of an elder.

	Bruises and welts, especially those that have suspicious shapes. Whip-like bruises may have been produced by an electric cord. Cluster of bruises often mean someone has been beaten by an object. The presence of old and new bruises on the same part of the body are considered suspicious. The age of a bruise can often be determined by its color. Red or blue bruises are usually 1-5 days old, Green bruises are usually 5-7 days old, Yellow bruises are usually 7-10 days old, and Brown bruises are usually 10-14 days old. Bruises on the inner arms may occur when the victim raises his or her arms to protect the face from blows. Bruises under the armpits can indicate that the person has been dragged across the floor. Wide bruises across the mouth could be caused by the client being gagged to keep him or her quiet.
	Other indicators of physical abuse include cuts and lacerations, burns and puncture wounds.
	Common indicators of neglect include: Dehydration or malnourishment, and Evidence of inadequate care, such as untended bed sores or poor hygiene.
	The behavior of the victim or family members can also provide clues that they are involved in an abusive situation. Abuse victims will often show fear, anxiety, depression, or resignation when in the company of abusive family members, or a hesitancy to talk openly about what is going on. The victim and family member may give conflicting explanations as to how the victim was injured. For this reason, investigators will try to interview the victim and other family members separately. Victims will sometimes not be given the opportunity to speak for themselves when questioned during an interview. Suspected abusers will try to speak for the victim, giving only their version of what happened. Abusers will sometimes show indifference or lack of caring for the elder during the interview, or may direct threats or insults towards the elder.
	Common indicators of possible financial abuse include the following: Inappropriate activity on bank accounts. For example, withdrawals from ATMs when the elder is unable to physically get to the bank. The presence of signed checks and other documents when the elder cannot write. The making out of a recent will when the elder is clearly incapable of making a will. A recent change of title of a house to someone who has befriended the elder when the elder is incapable of understanding such a transaction. The granting of a power of attorney by the elder when she is unable to comprehend her financial situation, or is mentally incapable of granting power of attorney. Inordinate focusing upon money and other financial issues by those who are supposed to be providing care for the elder.

Elder Abuse is defined in California Penal Code Section 368:
(emphasis added)

	(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
	(b)  (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or in the state prison for two, three, or four years. (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in subdivision (e) of Section 12022.7, the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older. (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: (A) Five years if the victim is under 70 years of age. (B) Seven years if the victim is 70 years of age or older.
	(c) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody or any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.
	(d) Any person who is not a caretaker who violates any provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult, and who knows or reasonably should know that the victim is an elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years, when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400); and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
	(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400), and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
	(f) Any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for two, three, or four years.
	(g) As used in this section, "elder" means any person who is 65 years or age or older.
	(h) As used in this section, "dependent adult" means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety code.
	(i) As used in this section. "caretaker" means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.
	(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.

Other California Laws About Elder Abuse

Swindle.org offers a comprehensive directory of elder abuse laws in California with links to the full text for each law.