Fortunately, there are laws in place to protect the elderly. For example, there are penalties for felony elder abuse and signs of rape by caretakers or nursing homes. In addition, understanding the different types of abuse and how to file for a lawsuit can help prevent abuse in the first place.
Financial abuse
A basic understanding of California’s elder abuse laws and financial abuse laws is essential. These laws protect older adults from exploitation and help them obtain monetary compensation for losses.
Although the elderly and dementia are both vulnerable to abuse, it is more difficult to recognize the signs in this population. For example, a caregiver may suddenly change their behavior around the elderly, or the elderly may be experiencing physical restraint such as unexplained bruises or marks on their wrists.
One of the most common forms of financial abuse involves embezzlement. This occurs when a person or entity steals money from a senior. The person or organization then misuses the funds to meet their own needs. This can be done with or without the senior’s consent. The perpetrator will continue to take money until the accounts are empty.
Mental suffering
Whether you are an elder yourself or are caring for an elderly relative, it’s essential to understand what are the legal ramifications of a mental suffering or elder abuse charge. If you believe that an abusive caregiver is victimizing you or someone you know, contact an experienced criminal defense attorney.
Several types of abuse may be considered elder abuse. One of the more severe cases involves the physical abuse of the elder. In most instances, the elderly victim is physically weaker than the perpetrator and may not be able to protect themselves from harm.
Another type of elder abuse includes financial exploitation. The perpetrator uses the senior’s money, property, or other assets for personal gain. Some examples include fraud, theft, coercion, and misappropriation.
Physical abuse
During elder abuse, a person willfully permits an elder to suffer unjustified pain or suffering. This can include emotional and psychological abuse as well as physical abuse.
California’s laws prohibit the intentional use of force against an older adult. The perpetrator can be anyone who knows the elder is an elder, including family members and caregivers. The crime is punishable by up to four years in state prison. The defendant can also face restitution and counseling.
Financial abuse of older adults is the misuse of money, property, or benefits. This is usually committed against people with memory problems or cognitive impairment. The most common targets are women. The act of stealing or embezzling an elder’s funds can lead to a fine of up to $1,000.
Signs of rape by caretakers or at nursing homes
Whether at a nursing home or in your care, it’s essential to know the signs of elder abuse. Many cases go unreported, so it’s up to you to be aware of the warning signs and get help if you suspect a loved one is being abused.
Physical abuse is the most obvious sign. This could include hitting, slapping, pinching, or beating. It can also include the use of restraints like ropes or chains.
Sexual abuse is the least obvious, and it’s especially troubling when it occurs to older adults who cannot defend themselves. Offenders are easily manipulative and have the propensity to target those who are most vulnerable.
The most common perpetrators are nursing home staff and other residents. However, they may also be visitors or family members.
Penalties for felony elder abuse
Felony elder abuse in California is a serious offense that can carry severe penalties. Several factors determine the severity of a case. These include the facts of each case and the defendant’s criminal history.
For a misdemeanor offense, a defendant could face up to one year in county jail and restitution. If the victim dies, additional prison time may be necessary. If the defendant is found guilty, they will also be subject to informal probation.
For a felony, the prosecution must prove that the defendant knew or should have known that the victim was over 65 years old. Depending on the level of the crime, a defendant can receive up to four years in state prison.
