The State Legislature of California recognizes it's possible for the elderly, disabled, dependent adults to get abused. We elder abuse attorneys already know they get neglected or abandoned all the time.
So the California Legislature enacted the Elder Abuse & Dependent Adult Civil Protection Act. Objectively, this was to protect this vulnerable class of state residents. In particular, this targeted nursing care neglect. This page discusses what consumers need to know about the rights of elders under state law.
There is legislation deliberately enacted to place attention on the needs and difficulties of the elderly. Also, it puts into action legislation to concentrate on the severe risks.
Its object is to protect these defenseless California residents who are in danger. Among the worst types of abuse is outright neglect or abandonment.
In short, EDACPA is the Elder And Dependent Adult Civil Protection Act (“EDACPA”.) What is says basically, is if someone neglects or abuses the elderly, physically or financially, they can be held civilly liable under EDACPA.
The intent of EDACPA is to prevent caretakers from giving the elderly shabby care, thereby preventing the creation of abuse victims to begin with.
But alas, the greatest people in our lives are in jeopardy. So getting abused, neglected and abandoned happens. What we do about it is what matters. Even though they get tossed aside by their families or caregivers, others do care. ELFPI cares.
Usually, these poor souls suffer physical disabilities. Often, compromised health places them in a more weak position against these things.
Elements that often lead to abuse, neglect, and abandonment can be due to:
The State of California will protect those elderly and dependent adults. The idea is fostering and promoting community services for their well-being.
Hence, social and economic standards of living get increased. Naturally, this should help protect those elder and dependent adults. So let's take a look at the legislation below.
There are state guidelines in place to help protect the elderly or dependent adult. So this gets done by specifying when protective service agencies investigate allegations of abuse.
This applies equally to older persons and dependent adults. Also, this outlines the role of law enforcement. And when necessary, it will have the minimum level of protection in each county of California.
These cases often go un-prosecuted criminally because of the criminal proceedings standard of proof.
In a criminal trial, the evidence of guilt must be beyond a reasonable doubt. This is because an accused is at risk of imprisonment and loss of freedom.
But other reasons for lack of prosecution beyond difficulties with proof include court delays. Victims can pass away of old age before a jury even sees the case. So there is a lack of incentive to prosecute the cases at all.
But we hope you enjoyed this discussion. This is what consumers need to know about the rights of elders under California law.
If you got injured due to elderly or nursing home abuse, contact: Ehline Law Firm Personal Injury Attorneys APLC ("ELFPI.") 633 West 5th Street #2890 Los Angeles, CA 90071 (213) 596-9642.