ATTORNEY NEWSLETTER
What does “elder abandonment” mean?
Abandonment of an elder or dependent person is a particular form of elder/dependent adult abuse in California. “Abandonment,” as defined in the Elder Abuse Act, includes:
“Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
Cal. Welf. & Inst. Code § 15610.05.
Abandonment is a form of elder abuse.
Section 15610.07 of the Elder Abuse Act states:
“Abuse of an elder or a dependent adult” means either of the following:
(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
Evans Law Firm, Inc. has seen truly horrible instances of abandonment of elderly persons over the years. Abandonment can result in the death of an elderly or dependent adult.
What is an example of abandonment?
One troubling example of a situation where elderly seniors were abandoned by their caretakers occurred in 2017 when fires were raging in California. One local TV stations reported that the seniors living in one care facility in Santa Rosa were left at the nursing home facility despite the risk the community would be engulfed in flames. The seniors were eventually evacuated from the care facility by the fire department, but the incident resulted in questions about where staff members were, why no employees were there with a master key, and why nothing was done to help these vulnerable older people escape from the care facility. The management group for the nursing home claimed that while they were transporting residents to a safe location, local authorities refused to allow the staff to re-enter the area due to the dangers associated with the fire.
This case is one of many incidents in which seniors were put at risk in an emergency because they were abandoned or no plans were made to help them get to safety. The results can be tragic. Nursing home residents died in nursing home care facilities during Hurricane Katrina.
What legal recourse is there in a case of abandonment?
Victims and families may sue all those responsible for injuries sustained when a senior or dependent adult has been abandoned. 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 nursing home neglect or abuse in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
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 financial 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>.
