As the youngest of the baby boomers turn 60 this year, issues affecting the elderly are sure to become more prominent.
One of the most pressing concerns for seniors is elder abuse. As many as 5 million older Americans experience abuse every year, according to the National Council on Aging.
Under California law, elder abuse is defined broadly and can result in civil or criminal penalties. If the abuse rises to the level of criminal abuse, the charges can be misdemeanors or felonies.
Today’s column explains why it’s important to understand what constitutes elder abuse, and how and when to report it.
Criminal elder abuse
The California Legislature determined that “adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection.”
Accordingly, Penal Code Section 368 encompasses not just physical abuse, but also financial and emotional abuse.
Felony elder abuse
Felony elder abuse includes actions that result or could result in great bodily harm or death to a person age 65 or older, including:
—Willfully causing, inflicting, or permitting an elder to suffer physical pain or mental suffering
—A caretaker willfully causing or permitting injury to the person or health of the elder
—A caretaker willfully causing the elder to be placed in a situation in which their person or health is endangered
These acts are punishable by imprisonment in a county jail not exceeding one year, by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.
In addition, if the victim suffers great bodily injury, the defendant will receive additional time in the state prison: (A) three years if the victim is under 70 years of age, and, (B) five years if the victim is 70 years of age or older.
Finally, if the abuse proximately…
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