Elder Abuse

In California, elders are defined as persons 65 years and older. Under California law, elder abuse can be both criminal and civil.

Criminal elder abuse occurs when a person knows that their is an elder victim 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.)

Physical Abuse

Elder physical abuse occurs when physical, emotional or physical harm is inflicted on an older adult. Elder physical abuse occurs when a person uses force that causes unnecessary pain or injury, which may range from shoving to severe beatings. It may also include over or under medicating, food deprivation or some form of physical restraint.

Elder Physical Abuse Legal Issues:

Elder physical abuse can be very detrimental to an elder’s health. Most incidents don’t take place in a nursing home. In fact, most incidences of elder physical abuse take place at home. Spouses, children, siblings or other relatives often abuse elders. Elder physical abuse is a very stressful event and should never be acceptable.

What an Active Law Group Elder Abuse Lawyer can do for you?

An (A.L.G.) elder physical abuse lawyer can first stop the physical abuse. A lawyer handles many abuse cases and work to protect your loved one against abuse of any kind.

If you are a relative of an elder person who you suspect is suffering from elder physical abuse, call us today. Active Law Group can help you get the compensation you deserve.

Financial Abuse

Elder Financial Abuse Law:

Elder financial abuse is the act of stealing or embezzling money or any other property that belongs to an elder. Elder financial abuse may vary from stealing money from a wallet all the way to coercing an elder to turn over property. This form of abuse can be devastating since it may take away from an elder’s life savings, leaving him/her. Financial elder abuse is commonly in the form of telemarketing fraud, identity theft, home improvement and estate planning scams.

Elder Financial Abuse Legal Issues:

The elderly should be careful to choose trustworthy people to be their agents or trustees. Most often, conservators, caregivers, representative payees, financial planners, family members and friends commit elder financial abuse. Victims of elder financial abuse are usually elders who are isolated, lonely, have suffered recent losses, suffer physical or mental disabilities, or have no knowledge of their funds.

What an Active Law Group Elder Abuse Lawyer Can Do For You?

The right elder financial abuse lawyer can help elders handle a challenging case and protect their assets. Elder financial abuse is unlawful and should not go unpunished. An experienced Active Law Group lawyer can help you get appropriate settlement.

Self-Neglect

Elder Self-Neglect Law:

Self-neglect occurs when an elder refuses care for him/herself. Self-neglect elder abuse cases have no perpetrator. Self-neglect cases are often associated with mental health problems, substance abuse, dementia, and depression. Self-neglect represents 40-50 percent of elder abuse cases.

Self-Neglect Legal Issues:

When an elder goes through self-neglect, it can bring about significant danger to his/her health. An elder may be unable to provide food, clothing, shelter or medical care. The symptoms that usually give notice of elder self-neglect to a nursing home or family member are dehydration, malnutrition, poor personal hygiene, unsafe living conditions, and inadequate clothing. If a member of a nursing home does not recognize self-neglect, it may be grounds for an elder abuse case. If a child or member of the elder’s home recognizes self-neglect, they may use that as grounds for establishing legal guardianship.

What an Active Law Group Elder Abuse Lawyer Can Do For You?

When someone you love is going through elder self-neglect, whether at a nursing home or at home, it is important to know the laws that apply. An Active Law Group elder abuse lawyer can be a good resource for explaining your options. A lawyer can help you establish self-neglect as elder abuse if a nursing home fails to recognize the symptoms of self-neglect. Our elder abuse lawyers can also help you set up legal guardianship.

If your loved one is exhibiting self-neglect and you need an elder abuse lawyer, contact the Active Law team today!!! +1(800)-237-3027

Neglect

Elder Neglect Law:

Elder Neglect occurs when a member of a nursing home deprives an elder of care, which comes in the way of maintaining physical and mental health. Most elders, especially vulnerable ones, are at a high risk for elder neglect. The neglect is regarded as being elder abuse and includes the refusal or failure of providing proper food, shelter, health care or protection.

Elder Neglect Legal Issues:

Elders, disabled or not, should have their basic requests taken care of by the people who care for them. This includes food, water, medicine, grooming, social and physical motivation. If they fail to provide elders with any type of expected care, it could be regarded as elder neglect. Because nursing homes are not well-staffed and the staff is generally underpaid, elders typically get abused. An incident or recurring neglect may be grounds for the elder’s family to being claims against the nursing home. If elder neglect is established, the victim and their family may be awarded monetary compensation and the nursing home could lose their certification.

What an Active Law Group Elder Abuse Lawyer can do for you?

Reporting nursing home neglect should not be postponed. An elder abuse lawyer could help you establish neglect. A lawyer can help a victim’s family being attention to nursing home management, as well as the State Department of Health and Licensing. Our Active Law Group elder abuse lawyer will work hard to get you the compensation you deserve.

Abandonment

Elder Abandonment Law:

Abandonment is the desertion of an elder by anyone who has the responsibility for care or custody of that elder. This includes the willful forsaking of a dependent elder. Elder abandonment is considered a serious form of elder neglect and abuse since it may constitute leaving an elder alone in an unstable place or giving too little or too much medicine, causing physical, emotional and mental pain to an elder.

Elder Abandonment Legal Issues:

Elder abandonment can be noticed by symptoms such as deserting an elder at a hospital, nursing facility, shopping center or other public location, or if the elder reports they have been abandoned. If a caregiver exhibits elder abandonment, it may leave an elderly person confused and unable to attain needs. They may feel loneliness and depression, unable to eat, bathe or see friends, and feel sick. An elders life could be put in serious danger such as malnourishment and serious medical problems.

What an Active Law Group Lawyer can do for you?

An Active Law Group elder abandonment lawyer has experience dealing with abandonment issues. Our lawyers can conduct a thorough examination and review of the elder abuse case, getting the appropriate documents and speaking to family members to go over options. Our (A.L.G.) elder abandonment lawyer can help you confront nursing homes or other institutions who have been careless and help get you the compensation you need.

Nursing Home Abuse

Nursing Home Abuse Law:

Nursing home abuse can be a very traumatic experience for an elder who has moved into a nursing home to ensure long-term care. Nursing home abuse comes in the way of proper care, leaving an elder with deteriorating physical or mental conditions. The factors contributing to nursing home abuse are poorly qualified staff, inadequate numbers of staff members, isolation of elder residents and failure of elder residents to report abuse.

Nursing Home Abuse Legal Issues:

When people place elder family members in nursing homes, they expect the elder to be taken care of. 30% of nursing homes display nursing home abuse, putting elders at risk. 50% of nursing home institutions are short-staffed, which also increases the chances of nursing home abuse. When nursing home abuse goes unreported, different forms of abuse may be in effect, such as physical abuse, sexual abuse, psychological stress, neglect, malnutrition or financial exploitation. Nursing home residents have rights and when they have been violated, they can claim legal damages and compensation.

What an Active Law Group Elder Abuse Lawyer can do for you?

A nursing home abuse lawyer can help you get the compensation you deserve as a result of nursing home abuse. An (A.L.G.) elder abuse lawyer can investigate and review claims for suffered injuries. A lawyer can assure you that your legal rights are protected. A nursing home abuse lawyer can research the law, interview witnesses and negotiate on your behalf.

If you or a loved one was a nursing home abuse victim, contact an Active Law Group Attorney Today!! +1(800)-237-3027

Nursing Home Neglect

Nursing Home Abuse and Neglect Law:

Most nursing home facilities offer good care and a safe environment for senior citizens. Sometimes, senior citizens find that assisted living facilities can be harmful, such as in the case of nursing home abuse or neglect. Nursing home neglect is growing as the assisted living rates go up.

Nursing Home Abuse and Neglect Legal Issues:

There is a wide range of nursing home neglect or nursing home abuse, such as:

  • Neglect by management
  • Failure to provide necessities such as clothing, comfort, personal hygiene, etc.
  • Medication and surgical errors
  • Incorrect diagnosis
  • Dehydration
  • Bedsores

Some senior citizens are not able to communicate their needs. This is the reason why nursing home neglect is sometimes under-reported. Neglect leads to physical, mental and emotional abuse. Malpractice is a common form of nursing home neglect and the results can be devastating for the elderly and their families.

What an Active Law Group Elder Abuse Lawyer can do for you?

An Active Law Group Nursing home neglect lawyers understand that some facilities are often understaffed or some hire under qualified individuals. This results in abuse and medical malpractice. The safety of elders is a serious issue and nursing home neglect abuse lawyers are committed to the prosecuting institutions who fail to take proper care of elders.