LOS
ANGELES ELDER ABUSE ISSUES OVERVIEW
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elder abuse attorneys and law firms who have proven experience
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Los Angeles elder abuse law and are committed to providing
the highest quality of competent legal representation.
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case in an efficient manner.
Physical
abuse law
"Physical abuse" means any of the following:
(a) Assault, as defined in Section 240 of the Penal
Code.
(b) Battery, as defined in Section 242 of the Penal
Code.
(c) Assault with a deadly weapon or force likely to
produce great bodily injury, as defined in Section
245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged
or continual
deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of
the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1
of the Penal
Code.
(4) Spousal rape, as defined in Section 262 of the
Penal Code.
(5) Incest, as defined in Section 285 of the Penal
Code.
(6) Sodomy, as defined in Section 286 of the Penal
Code.
(7) Oral copulation, as defined in Section 288a of
the Penal Code.
(8) Sexual penetration, as defined in Section 289
of the Penal
Code.
(f) Use of a physical or chemical restraint or psychotropic
medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication
was ordered pursuant to the instructions of a physician
and surgeon licensed in the State of California, who
is providing medical care to the elder or dependent
adult at the time the instructions are given.
(3) For any purpose not authorized by the physician
and surgeon.
Neglect law
(a) "Neglect" means either of the following:
(1) The negligent failure of any person having the
care or custody of an elder or a dependent adult to
exercise that degree of care that a reasonable person
in a like position would exercise.
(2) The negligent failure of an elder or dependent
adult to exercise that degree of self care that a
reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of
the following:
(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. No person shall be deemed neglected
or abused for the sole reason that he or she 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.
(5) Failure of an elder or dependent adult to satisfy
the needs specified in paragraphs (1) to (4), inclusive,
for himself or herself as a result of poor cognitive
functioning, mental limitation, substance abuse, or
chronic poor health
Abandonment law
15610.43. (a) "Isolation" means any of
the following:
(1) Acts intentionally committed for the purpose of
preventing,
and that do serve to prevent, an elder or dependent
adult from
receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an
elder or
dependent adult is not present, or does not wish to
talk with the caller, or does not wish to meet with
the visitor where the statement is false, is contrary
to the express wishes of the elder or the dependent
adult, whether he or she is competent or not, and
is made for the purpose of preventing the elder or
dependent adult from having contact with elder abuse,
friends, or concerned persons.
(3) False imprisonment, as defined in Section 236
of the Penal
Code.
(4) Physical restraint of an elder or dependent adult,
for the
purpose of preventing the elder or dependent adult
from meeting with visitors.
(b) The acts set forth in subdivision (a) shall be
subject to a
rebuttable presumption that they do not constitute
isolation if they are performed pursuant to the instructions
of a physician and surgeon licensed to practice medicine
in the state, who is caring for the elder or dependent
adult at the time the instructions are given, and
who gives the instructions as part of his or her medical
care.
(c) The acts set forth in subdivision (a) shall not
constitute isolation if they are performed in response
to a reasonably perceived threat of danger to property
or physical safety.
All of our Los Angeles elder abuse
attorneys and law firms are members in good standing
of the California Bar Association and have been subject
to our pre-screening process so that we may provide
you with the best legal assistance possible. To get
referred to a qualified Los Angeles elder abuse lawyer
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