Rex L. Crandell

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ELDER FINANCIAL ABUSE STATUTES

General Background Information on California's response to help stop elder abuse.  In my opinion, there is nothing more uncivilized & animalistic than persons who take advantage of frail elders for their own personal gain.  When you see potential situations of Elder Financial Abuse, you may want to contact the department of Adult Protective Services in your county or an independent service provider the assist in stopping this terrible conduct & bring the offending party to justice.  In several of the Elder Abuse statutes, there are provisions that allow the transfer of the victims legal fees to be paid by the victimizer.  This will help Elders with limited resources find legal assistance to equalize the situation against the wrongdoer. 

ELDER FINANCIAL ABUSE STATUTES.  The California Legislature approved the following laws to assist the Elders to protect themselves and provides for damages that were caused by unscrupulous care providers, family members & commercial venders.   Often it is necessary to consider a civil & criminal legal action against the offending party for Elder Financial Abuse Statutes of the California Welfare & Institutions Code.  

 Elder Abuse Laws
(Civil - Private Actions)

Code Section

Description

Penalty

BUSINESS & PROFESSIONS CODE
17200 et seq. and
17500 et seq. (Unfair Business Practice; Deceptive Advertising)

Any unlawful, unfair or fraudulent business act or practice; deceptive, false or misleading advertising

Restitution; injunctive relief (damages and civil penalties not available to private litigants)

CIVIL CODE 3345
(Treble Fines, Penalties, or Remedies)

Treble fines, penalties, or remedies allowed in actions brought on behalf of senior citizens or disabled persons which involve unfair or deceptive acts or practices or unfair methods of competition

Treble fines, penalties, or remedies

GOVERNMENT CODE
12650 et seq.

(False Claims)

Knowingly presents or causes to be presented a false claim to the state for money, property or services; Govt. Code 12652(c)(1) provides authority for private person to bring action on behalf of state

Civil penalty of treble damages and up to $10,000 for each false claim

WELFARE & INSTITUTIONS CODE
15600 et seq.
(Elder Abuse and Dependent Adult Civil Protection Act)

If clear and convincing evidence that a defendant is liable for abuse or neglect of an elder or dependent adult, and defendant has been guilty of recklessness, oppression, fraud, or malice, the elder or dependent adult is entitled to certain enhanced remedies

Punitive damages; reasonable attorney's fees and costs; claim for general damages for pain and suffering survives

 Penal Code 368 &

Elder Abuse Definitions with Penal Code References

 

Crimes against Elders.
        Law Enforcement officials can not ignore the criminal statutes related to Elder Financial Abuse & Elder Physical Abuse or Law Enforcement Officials may face charges for failure to act.

 

Criminal sanctions, jail time, restitution, etc.

 

 

 

 

        

 

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