Lanzone Morgan, LLP - California (CA) Policy
The California State Legislature has recognized that elder and dependent adults may be subjected to abuse,
neglect, or abandonment
and that California has a responsibility to protect these persons. In recognition of this vulnerable class of individuals, the California
State
Legislature enacted the Elder Abuse & Dependent Adult Civil Protection Act. By enacting this legislation, the California State Legislature specifically intended to direct
special attention to the needs and problems of elderly persons and implement laws to
address the severe risks of abuse, neglect, and abandonment facing this vulnerable
class of individuals. California specifically
recognized that:
Most elders and dependent adults who are at the greatest risk of abuse, neglect, or abandonment by their families or
caretakers suffer physical
impairments and other poor health that place them in a dependent and vulnerable position.
Factors which contribute to abuse, neglect, or abandonment of elders and dependent adults are economic instability of
family, resentment of caretaker
responsibilities, stress on caretaker, and abuse by the caretaker of drugs or alcohol.
The State shall foster and promote community services for the economic, social, and well-being of its citizens in order to
protect those elder and
dependent adults.
Uniform state guidelines, which specify when county adult protective service agencies are to investigate allegations of abuse
of elders and dependent
adults and the appropriate role of local law enforcement is necessary in order to ensure that a
minimum level of protection is provided
to elders and dependent adults in each county.
Infirm elderly persons and defendant adults are a disadvantaged class, that cases of abuse of these persons are seldom
prosecuted as criminal matters,
and few civil cases are brought in connection with this abuse due to problems of proof,
court delays, and lack of incentives to prosecute these suits.
Acknowledging the severity of the problem and lack of ability for government agencies to handle the problem on their own, the
Legislature called upon interested
persons to engage civil attorneys to take up the cause of abused, neglected, and abandoned elderly
and dependent adults. For more information, give us a call today at: 888-887-9777 |