ATTORNEY NEWSLETTER
What does the legal term “neglect” of an elderly person mean?
Neglect is a particular form of elder abuse in California. “Neglect,” as defined in the Elder Abuse Act, includes:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
Cal. Welf. & Inst. Code § 15610.57.
What constitutes neglect by an elderly person’s caregiver?
Sadly, seniors under in-home care are at risk of abuse, neglect, and abandonment even though they are paying for their caregivers for care. See Cal. Welf. & Inst. Code §§ 15610.05 (definition of abandonment); 15610.63 (definition of physical elder abuse), and 15610.57 (definition of neglect).
What legal recourse is there in a case of caregiver neglect?
Victims and families may sue all those responsible for injuries sustained. Recourse can include award of attorneys’ fees and costs in certain circumstances. Cal. Welf. & Inst. Code § 15657(a). Intentional abuse, including sexual assault and rape are particularly egregious but neglect can also be horrendous and indeed fatal as with untreated pressure wounds or dementia patients allowed to wander off premises and be injured outside a facility. If you or a loved one is a victim of elder abuse or neglect or elder financial abuse in Alameda County, anywhere in the San Francisco Bay Area or elsewhere in Northern California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
What are signs of neglect?
- Lack of basic hygiene, adequate food, or clean and appropriate clothing.
- Missing medical aids or skipped doctor’s appointments.
- The person is often unsupervised.
- The person is confined to a bed without regular care.
- The home is overly cluttered, in disrepair, or fire and safety hazards are present.
- A home without adequate facilities (stove, refrigerator, heating, cooling, plumbing, and electric).
- An untreated pressure wound/ulcer (bed sores).
Is there a case example of caregiver neglect?
In a recently reported case,[1] a caregiver has been indicted on three counts of Caretaker Neglect, one count of Kidnapping, and one count of Unemployment Fraud relating to her alleged significant mistreatment of an elderly, intellectually disabled man. According to the charges, the caregiver was hired to provide full-time in-home care services for an elderly man with intellectual disabilities. In February of 2024, the woman called the police to report the man’s death. When police arrived at the man’s home, they discovered significant clutter in the man’s bedroom, including feces smeared on the walls, piles of soiled diapers, and food wrappers and remnants caked into the carpets. They also discovered that there was no bedding on the man’s mattress, which was also soiled with feces and urine. Officers noticed that the door to the man’s bedroom could only be locked from the outside. Authorities allege that the caregiver had kept the man locked inside the room against his will. These charges are allegations, and the defendant is presumed innocent until proven guilty.
How do I protect an older loved one from this kind of mistreatment?
Families and friends of elders and dependent adults residing in any kind of facility or under the care of in-home caregivers need to visit and speak with them as often as possible to make sure they are not at risk of abuse or neglect by their caregivers. If you see any bruises, scratch marks or other indications of physical abuse, alert the administrator of the facility and call counsel. To protect your loved one from financial exploitation, be sure to monitor their bank accounts frequently. Keep cash, checks, ATM cards and credit cards out of reach of caregivers. Never, ever, grant a caregiver a power of attorney or give them a blank check. Ever. Make sure a caregiver does not have access to a loved one’s Social Security number or financial account information. If you suspect something is wrong do something about it right away. Call qualified elder law counsel who can pursue all persons responsible for any sort of abuse, and those who hired and supervise the abusers, including administrators and owners.
Contact Us
Ingrid M. Evans can represent you or an older loved one who has been the victim of any form of elder abuse in Alameda County or elsewhere in the East Bay or Northern California. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:[email protected]”>[email protected]</a>.
[1] Evans Law Firm, Inc. was not involved in the case in any way. The case was reported on in a press release from the State Attorney General’s office handling the matter.
