When you know or suspect elder abuse is occurring, make a report to your county’s Adult Protective Services Office. There is no excuse for Elder Abuse! In case of immediate harm, CALL 911!

What is Elder Abuse?

In California, elders are defined as persons 60 years and older. Under California law, elder abuse can be both criminal and civil.

Criminal elder abuse occurs when a person knows the victim is elderly, then willfully causes or permits that elder to suffer, or inflicts unjustifiable physical pain or mental suffering on the elder. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which their health is endangered. (Penal Code Section 368)

Civil law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering to an elder. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Institutions Code Section 15610.)

Abandonment: The desertion of an elder by someone who is a caregiver.

Abduction: The removal, without the consent of the conservator, of a conservatee to another state.

Financial Abuse: The wrongful taking or use of an elder’s funds, property, or other assets.

Isolation: The intentional prevention of an elder from receiving mail, telephone calls or visitors.

Mental Suffering: The infliction of fear, agitation, or confusion through threats, harassment or other forms of intimidating behavior.

Neglect: A caregiver’s failure to assist in an elder’s personal hygiene, failure to provide food, clothing or shelter, or protect an elder from health and safety hazards.

Physical Abuse: The infliction of physical pain or injury, sexual assault or molestation, or the use of physical or chemical restraints for punishment.

Undue Influence: Where an inequity occurs when a person uses excessive persuasion on an elder that overcomes an elder’s free well and causes an elder to act or refrain from acting in an appropriate manner. 

California Criminal law Under Penal Code § 368, elder abuseoccurs when a person knows that victim is an elder then inflicts unjustifiable physical pain or mental suffering on the elder or willfully causes or permits that elder to suffer. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which their health is endangered. 

How to Recognize Abuse

1.  Possible Physical Abuse and Neglect Indicators:
The following are clues for recognizing signs of physical elder abuse. This is not intended to be an exhaustive list.

• Malnutrition and/or dehydration, bedsores. Unexplained weight loss.
• Unseen but suspected physical injury: Painful reactions when touched.
• Bruises, skin tears or broken bones or teeth.

2. Behavioral Indicators

• Agitation
• Anger
• Confusion or disorientation
• Defensiveness
• Depression
• Fearfulness
• Helplessness
• Hesitant to talk openly
• Giving implausible excuses
• Non-responsiveness
• Withdrawn

3. Caregiver or Family Member Abuse Indicators

• The elder may not be given the opportunity to speak for him/herself.
• Attitudes of indifference or anger toward the elder by the family member or caregiver.
• Social isolation or restriction of activity of the elder.
• Conflicting accounts of incidents by the family or caregivers.
• Individuals responsible for the care of the elder having gambling or substance abuse problems.

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