Elder Abuse



California penal code section 368. It could be actual physical abuse, it could be neglect or it could be financial abuse and financial abuse tends to be the most common of that. Someone either a family member or someone that’s taking care of the elderly person gets permission to write one check and starts writing perhaps more checks than that and the issue in cases like that, the defense in cases like that, tends to be consent whether they were allowed to do that, whether it was justifiable. You look typically to the amount of money taken and what it was for. Sometimes an elderly person has to leave their house and go into a home and the children start looking after the finances and realize perhaps one of the children might’ve been pulling from the finances without anyone knowing for quite sometime. That’s one of the common scenarios with that. Other common scenarios in terms of neglect bedsores are almost always going to be a prosection because it means that the person isn’t taking care of the elder dependant adult. Sometimes people hit older people and sometimes they get into fights just like anyone else and because they’re over 65 its charged as an elder abuse as opposed to something else.

I’ve had a case where my client hit someone with a cane and they were both 80+ years old and they got into a physical altercation and he was stronger and she grabbed her cane and there was an issue of self-defense in that case. Even if both parties were over 65 it qualifies as elder abuse.

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