KINSEY LAW OFFICES
Free California Elder Abuse Prevention Forms
 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home

California Elder Abuse Law - General Information:

What Is Elder Abuse? Elder abuse can be an intentional act (abuse) or a lack of knowledge/ability to provide care to an older person (neglect). Elder abuse can occur in a variety of ways that include assaultive acts, neglect, financial exploitation and/or psychological or emotional mistreatment. An elderly person is defined as someone who is age 65 or older.

Assault includes causing pain and/or injury by molesting, slapping, bruising, forced sex, cutting, burning, restraining.

Neglect includes refusal or failure to provide adequate care, food, shelter, clothing, medicine, and/or medical aides (glasses, dentures, walkers).

Financial exploitation includes illegal or improper use of cash, credit cards, funds or other assets.

Psychological/emotional mistreatment includes mental suffering or despair caused by name calling, yelling, insulting, ignoring, isolating, threatening, or demanding acts.

Abuse may also include the violation of basic rights such as the right to worship as one chooses, the right to assembly, the freedom to be left alone, and the right to handle oneís personal and financial affairs unless declared incapable of doing so by due process of law.

Indicators Of Elder Abuse. Signs of elder abuse are noticeable changes in physical conditions and behavioral patterns such as:

  • Unexplained bruises, cuts, burns
  • Increased physiological pain
  • Dehydration or malnourishment
  • Overly medicated without cause
  • Unusual confinement
  • Lack of cleanliness or grooming
  • Fearful to speak in front of caregiver
  • Shame, anxiety, embarrassment
  • Sudden change in mental status
  • Unusual or large bank withdraws
  • Unexpected closing of bank accounts
  • Transfer of assets, deeds, trusts

The signs of elder abuse listed above are generally a combination of factors.

General Profile Of The Abused:

  • Most often female
  • Physically or mentally impaired
  • Dependent physically or mentally
  • Frequently exhibits behavior problems

General Profile Of The Abuser: The profile of a person that abuses the elderly may vary but generally can be categorized in one or more of the following:

  • Often a family member/caregiver inexperienced in providing care
  • Exhibits ineffective coping skills
  • Under financial strain
  • Multiple personal problems
  • Substance abuser (drugs/alcohol)
  • Marital conflict or difficulties
  • Violent family history
  • Intimidating behavior
  • Socially isolated with poor self-image

Where To Get Help If Elder Abuse Is Suspected. If alleged abuse occurs in the community, reports of the abuse may be made to Adult Protective Services or Law Enforcement. If the alleged abuse occurs in a residential care home or nursing home, reports of the abuse may be made to Law Enforcement or the Long Term Care Ombudsman Program. In case of emergency and/or immediate attention is required, call 911. Degree of emergency will determine the way abuse should be reported, defined as follows:

What Happens When Elder Abuse Is Reported. Department of Human Services/Adult Protective Services, Law Enforcement, and the Long Term Care Ombudsman Program, as the primary agencies with a mandate to receive reports of elder abuse, will investigate and take action to correct or remedy the situation, with the consent of the alleged victim. Any action taken is guided by the principles of the least restrictive intervention and an individualís right to self-determination.

 
California Forms To Obtain A California Order To Prevent Elder Abuse:

Description Form
Petition for Protective Orders EA-100
Response to Petition for Protective Orders EA-110
Order to Show Cause and Temporary Restraining Order EA-120
Application and Order for Reissuance of Order EA-125
Restraining Order After Hearing EA-130
Proof of Service (personal) EA-140
Proof of Service (mail) EA-141
Instructions for Petition for a Protective Order to Prevent Elder or Dependent Adult Abuse EA-150
Attached Declaration MC-031
Civil Case Cover Sheet CM-010
 
If You Need An Elder Abuse Attorney
Do Your Own Divorce Online
Step-By-Step
Attorney Assistance Available
$249

 

 The Firm  For Clients  For Lawyers  Free Stuff Law Library  Legal Links  Lawyer Jokes  Home