Elder abuse, both physical and financial, is a common problem for many Californians. Unfortunately, specific individuals view the elderly as easy prey for their abusive conduct and fraudulent schemes. Often, paid caregivers abuse the elderly, and there are many elderly who have their trusted family abused.
If you or your loved one has suffered from elder abuse, there are legal remedies available. Not only can you take civil action to recover monetary compensation for the harm caused, but you can also bring criminal charges with the help from an Encinitas elder abuse lawyer. Matthew De Lira APC has extensive experience representing elder abuse victims and won’t back down from a fight. He’s here to ensure your elderly loved one’s interests are legally protected while he pursues maximum compensation for their claim.
Call (858) 333-7477 Matthew De Lira APC today to schedule your free consultation. It’s free, so why wait? Learn more about your options today.
What Is Elder Abuse?
CA Welfare and Institutions Code §15610.27 defines an elderly person as any person 65 years or older. Elder abuse is a term used to describe physical abuse, financial fraud, neglect, abandonment, and other similar types of behavior that result in physical or mental suffering by the victim.
As mentioned, elder abuse can be the result of financial fraud. According to California Penal Code sections 368(d) and 368(d), stealing from an elderly individual over 65 is a criminal offense. These laws are meant to protect the elderly because they are a vulnerable class of individuals more susceptible to abuse. Common examples of elder abuse include:
- Physical Abuse: Pushing, punching, retraining, tying, kicking, etc
- Emotional Abuse: Yelling, threatening, bullying, humiliating
- Sexual Abuse: Forcing the elderly individual to engage in non-consensual sexual behavior
- Financial Abuse: Misappropriating financial information, misuse of funds, embezzlement, undue influence, and coercion to obtain the elderly’s funds
Because elder abuse can happen in so many ways, it’s essential to know the signs and take action if you believe your loved one is being abused. Common signs of elder abuse include:
- Poor explanations for bruises and cuts from healthcare providers
- Sudden changes in finances
- Unusual online transactions
- Changes in the power of attorney
- Changes in property title
Can I Take Civil Action in Encinitas for Elder Abuse?
Elder abuse offenders may be liable for providing financial compensation to victims. California’s Elder Abuse and Dependent Adult Civil Protection Act encompasses various forms of abuse targeted at dependent and elderly adults.
The act includes an enhanced damages provision, allowing for higher monetary awards than typically available in abuse cases. Notably, the offender does not need to have acted willfully to be found guilty under this act; a negligence standard applies. Therefore, actions that may not be deemed criminal can still result in financial compensation for victims.
It’s important to understand that you can take civil and criminal action if your elderly loved one is being abused. The law is designed to hold offenders responsible to the maximum possible extent. Take care to document your elderly loved one’s physical and financial condition as much as possible to have the evidence to prove your case.
Experienced Encinitas Elder Abuse Attorney Guidance
Matthew De Lira APC has dealt with elder abuse cases successfully many times and knows how to handle issues as sensitive as these. With his experienced guidance, you can rest assured knowing you are taking the correct steps to protect your loved one. Contact Matthew De Lira today to discuss your available options and schedule your free consultation with an Encinitas elder abuse lawyer.