Have you been accused of elder abuse in San Diego? As our population ages, these allegations are on the rise. Contact The Law Office of Elliott Kanter today and get the legal representation you need to fight elder abuse charges.
Have you been wrongly accused of elder abuse? If so, you will need the help of attorneys at our law firm. Over the last few years, there has been a rise in reports of elder abuse and convictions. Society, and as a result, the courts, have become more sensitive to the well-being of our seniors. But with the rise in accusations, there has also been a rise in people falsely accused of elder abuse. As a caregiver, it can be devastating and humiliating to be wrongly accused. In situations like these, you need a compassionate and experienced San Diego elder abuse lawyer. Protect your rights and get the legal advice you need. Please call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation with a member of our team.
What Is Elder Abuse?
According to the National Committee on the Prevention of Elder Abuse, elder abuse is any form of mistreatment that results in harm or loss to an older person. There are a number of different types of elder abuse and neglect you may be accused of, including but not limited to:
- Physical abuse: the use of physical force to cause bodily injury or harm to an elder person. This can include assault, battery or inappropriate restraint of the victims.
- Sexual abuse: any non-consensual contact with an elder person.
- Psychological abuse: the infliction of mental or emotional anguish by making repeated threats against an elder person, continuously humiliating an elder person, or other verbal or nonverbal conduct.
- Financial abuse: the improper use of an elder person’s funds, property or resources.
- Neglect: this is often confused with abuse, but it is a separate category. Neglect occurs when a caregiver fails to fulfill his or her duties to take care of the health of an elder individual. Some of the signs of neglect could include dehydration, malnutrition, and physical injuries such as bed sores. This often occurs in an assisted living community or in nursing homes when the staff does not pay attention or provide medical treatment to their elder residents.
(Click the statute below for additional information)
PC 368 Physical, psychological or financial abuse of an elder (over 65) Up to 4 years in prison
The Law Office of Elliott Kanter will protect your rights and fight to achieve the best possible outcome for your case. Call today or visit our website to fill out a form to schedule your free legal consultation with one of our attorneys.
What Leads To Elder Abuse Allegations?
More and more people are being accused of elder abuse, but why? What accounts for this increase in accusations? There are a couple of reasons for the increase in complaints:
- Greater Distrust of Caregivers: The increase of the institutionalization of our seniors with dementia has given to a rise in distrust of caregivers. Family members often do not trust those they hire to take care of their loved ones.
- Lack of Understanding of the Role of Caregivers: Many people are frightened of diseases like Alzheimer’s. They wonder how caregivers can deal with it on a continual basis, and don’t believe caregivers are providing adequate care to their loved ones.
- People Don’t Know Their Neighbors: People don’t know their neighbors as well anymore. They might not really understand the situation.
- The Rise in Cell Phones: A neighbor might form a judgment based on just a few seconds of observation and decide to call 911 anonymously. Cell phones make it easy to call on a whim, even when you’re not sure crime is being committed.
Elder abuse can include physical, financial, or other types of abuse. When prosecutors are trying to bring charges of elder abuse against you, they are required to prove that you were willfully or recklessly negligent against the elder, that you intended to cause harm, and other aspects in order to get a conviction. Proving this is not easy for prosecutors. In other words, prosecutors may find it challenging to prove that you intended to injure or hurt the senior—especially when going up against attorneys from one of the top law firms in San Diego.
Defending Against Elder Abuse Charges
An attorney can analyze your case, and establish an effective defense for you. For instance, your attorney may establish that any injury that was caused to the elder victim was the result of an accident. In other words, you were not guilty of criminal negligence contributing to the injury.
In cases involving physical injury or physical abuse, you may also be able to claim that you were in danger of injury from the victim, and needed to use force in order to avoid an injury to yourself. Besides, In California, an elder abuse victim must have been at least 65 years of age at the time of the abuse. If you did not know that the victim was a senior that could also be a possible defense for you. Remember, these charges are also often made in the context of family disputes.
Wrongly Accused of Elder Abuse?
You may be wrongly accused by the elderly person. The sad fact is, the senior may truly be convinced that you abused them. Sometimes, the mental condition of a senior causes them to be unreliable or cause inconsistent behavior. Sometimes they may be understanding, other times they feel angry and lash out. They may tell other loved ones, their friends, or even their doctor that they are being abused. They may be convinced in their minds that they’re being abused and also may convince others of this fact.
Other family members may wrongly accuse you. Sometimes, other family members may be greedy and look to the future when there may be money and property to inherit. They may be jealous of the influence you may have as a caretaker and try to discredit you. If they start making calls to protective agencies, the situation can escalate very quickly into a negative experience for all parties involved.
California Elder Abuse Laws
The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
Elder abuse is a serious crime, covered under California Penal Code 368. This code protects senior citizens from physical, psychological, and financial abuse from others. Abuse ranges from not providing adequate care, not allowing the seniors to have visitors (thus isolating the person) to striking the person, rough handling, and neglect. The scope of elderly abuse is wide, as are the punishments if found guilty.
What are the Penalties for Elder Abuse?
Besides the penalties you face for criminal charges, you could also face a personal injury or wrongful death civil suit. Punishment of misdemeanor elder abuse includes:
- Summary probation
- Up to one year in jail
- Fine of $6,000 for the first offense and $10,000 for second or subsequent offenses
- Restitution
- Counseling
If found guilty of felony elder abuse, the penalties include:
- Formal probation
- Up to 4-years in state prison
- Up to 7-years in prison if the victim suffered great bodily harm
- Up to $10,000 in fines
- Restitution
- Counseling
Facing Elder Abuse Charges? Contact an Attorney Today.
Call experienced lawyer Elliott Kanter if you have been falsely accused of elder abuse. Our team of lawyers understands that the situation can be humiliating. You need a compassionate and strategic attorney to fight for your rights. Our law firm has experience representing clients against a variety of criminal charges. Some of our practice areas include elder or nursing abuse, fraud, DUI, drug crimes, and theft.
So don’t delay in contacting The Law Office of Elliott Kanter by phone for a free consultation in our office, which is located at 110 W A St. Suite #950 San Diego, CA 92101. You can also send an email to ekanter@enkanter.com. To view a map of our location, please visit the contact us page on this website.
San Diego Elder Abuse Lawyer
San Diego elder abuse attorneys advocating for the rights of vulnerable seniors. Seek justice and protection—contact us for a free consultation today.
If you or your loved one has suffered as an elder abuse victim, contact The Law Office of Elliott Kanter at 619-554-0889 today.
There are laws regarding elder abuse in every state of the union and across the world. It is a sad topic, fraught with behaviors and actions we wish we did not have to think about. Unfortunately, that is simply not an option afforded to many elderly people living at home or in residential facilities.
Types of Elder Abuse
There are different types of elder abuse, all of which are illegal. Many elderly individuals are frail, ill, and extraordinarily vulnerable. The inability to care for themselves independently and by extension, the need to be increasingly dependent on others, makes this population an easy target for criminals and the truly unkind. All forms of elder abuse violate criminal and civil law, and include the perpetration of intentional physical harm, mental suffering, and endangerment.
Physical
Physical abuse of senior citizens includes a multitude of ugly behaviors. Physical abuse can occur when a person is hit, shoved, pushed, made to harm themselves, or put in a situation in which they can undeniably not protect themselves. Such abuse may also include the denial or insufficient provision of food and hydration, delayed administration of medication, or the use and misuse of physical restraints.
Emotional
Making fun of an elderly patient who cannot remember what they have been told is a form of emotional abuse. This type of abuse also includes the hurling of racial, ethnic, sexist, and homophobic slurs, as well as insults, excessive yelling, and the promotion of unnecessary fear.
Financial
Financial elder abuse is becoming more prevalent each year. Those responsible for financial abuse can include caretakers, financial advisors, family members, and other individuals that have a fiduciary obligation to the abused. Theft, long term “borrowing” of valuable items, use of a guest room or vacation home without explicitly granted permission, and the misappropriation of funds are unfortunately, the types of financial abuse often experienced by the aged and infirm. Other types of financial abuse might include fraudulently obtaining powers of attorney, influencing the modification of wills, and stealing pension or benefit checks.
Sexual
The elderly, just like any population or group of people, should never be forced to endure unwanted sexual advances, inappropriate touching, or be subjugated to forcible rape and assault. Of particular concern in this regard, are individuals whose private areas are handled by others because they need to toileted, diapered, or catheterized, and cannot speak for themselves.
Neglect
Senior citizens who are not provided with the care they need, whatever that care entails, can be considered victims of elder neglect.
What Are the Signs of Elder Abuse?
While there can be an overlap of the signs and symptoms of all forms of abuse and neglect, some indications tend to occur as the result of specific acts. To be clear, any abuse inflicted upon elderly individuals, especially those who are deemed legally unable to speak or act on their own behalf, is both criminal and punishable. Your elder abuse attorney in San Diego can be a strong advocate and source of legal support if you or someone you love ever demonstrates the following signs and symptoms.
Signs of Physical Abuse
- Bruises, cuts, and abrasions
- Unexpected changes in mood, behavior, and affect
- Withdrawal from others
- An overall decline in health
Signs of Financial Abuse
- Unpaid bills
- Fearfulness or anxiety when asking for or discussing money
- Loss or shutdown of utilities
- Seemingly-unwarranted eviction notices
Signs of Sexual Abuse
- Genital bruising and tears
- Sudden incontinence or fear of using the bathroom
- Refusal to bathe or shower
Signs of Neglect
- Poor hygiene
- Increased disorientation
- Declining health
- Bed sores
Where Does Elder Abuse Occur?
Elder abuse can occur just about anywhere an elderly person lives. Individuals who live at home, but require a caretaker, are best supported when unexpected or unannounced visits are made by family, friends, or legal advocates. This encourages caregivers to stay ‘on their toes’ while working for and tending to their elderly clients.
Elder Abuse in Nursing Homes and Long Term Care Facilities
It can be very difficult for family members to decide that their elderly parents or other loved ones need long term care placement. In addition to the emotional upheaval that placement can cause, there are also quite often concerns about the provision of care. There is a multitude of state and federal laws in place to protect the most vulnerable members of the senior population, but they are not always followed or respected.
Elder abuse in nursing homes can be perpetrated by the staff who are supposed to be taking care of them. Sadly, abuse can also be caused by other residents experiencing mental status changes or worsening health. And because no one staff member can be everywhere all the time, family members are strongly advised to make their presence known in these types of facilities. Let’s face it, no facility wants to be accused of elder abuse, or more specifically, have to deal with a San Diego elder abuse attorney.
Contact a San Diego Elder Abuse Attorney Today
If you ever suspect that an elderly person has been or is being abused, you need to call an elder abuse lawyer in San Diego who can review your suspicions and take action based on their findings. You can trust the qualified, knowledgeable, and skilled San Diego elder abuse lawyers of The Law Office of Elliott Kanter. They will work with you to ensure that your beloved elders can live out the remainder of their lives with the dignity and respect they deserve.
San Diego Financial Elder Abuse Lawyer
The National Council on Aging reports that elderly United States citizens lose a collective total of approximately $28.3 billion to financial exploitation each year. If you believe your loved one was a victim of a scam, please reach out to The Law Office of Elliot Kanter APC immediately. Our San Diego, CA financial elder abuse lawyer has over 45 years of experience. You don’t have to face the legal system alone. Let our award-winning legal team help you hold the abuser accountable.
Financial Elder Abuse Lawyer San Diego, CA
Financial exploitation is a common form of elder abuse. It can appear in many forms, including theft of funds, unauthorized transfer of assets, and abuse of power of attorney privileges. Abusers can be close family members who were entrusted to look after a senior’s affairs, a care provider, or a stranger. Unfortunately, many elderly individuals are targeted by scams. Predators capitalize on their victims’ confusion, diminished mental capacity, sympathy, loneliness, or ignorance of technology to pressure them into handing over money or valuables.
It is important to watch out for signs of financial elder abuse, such as:
- Unusual bank withdrawals or transfers that your loved one doesn’t remember or can’t explain.
- Someone suddenly getting very close to your family member, inserting themselves in their personal lives.
- Changes to estate planning documents
- Suspicious communications, whether on the phone, over email, or in letters
Sometimes the victim has no idea their finances were compromised. Others realize it and are too ashamed to ask for help. If you notice that your loved one is budgeting differently, not paying their utility bills, or acting anxiously about money, they have been taken advantage of. A key preventative measure is informing the elderly in your life about scammers and encouraging them to call you before making any financial decisions.
If you discover a problem, it is essential to work with our San Diego financial elder abuse lawyer. It is very difficult to recover stolen assets, especially if you aren’t familiar with the legal system. Our attorney will conduct an investigation, freeze your loved one’s assets to prevent further losses, and explore options for pursuing a civil case. Our lawyer will recommend which authorities to involve, like the police or Adult Protective Services. We can also guide you and your family through asset protection options, connecting you with estate planning professionals who can institute safeguards against fraud in the future.
Why Experience Matters In Financial Elder Abuse Cases
Financial elder abuse is a complicated legal matter. If a family member is at fault, working with our lawyer gives the victim a layer of protection and a safe place to communicate what happened. They are likely fearful and distrustful. Getting unbiased counsel is important to help the abused regain a sense of control. If a stranger or caregiver committed the theft, your legal intervention could prevent other seniors from getting scammed. It is not unusual for financial elder abuse cases to be interconnected or part of a much larger criminal strategy.
Seniors and their loved ones in San Diego, CA, turn to attorney Elliot Kanter for help after being defrauded because:
- Mr. Kanter has over 45 years of personal injury and criminal defense experience.
- Our firm has over 150 successful jury trials, and we have helped thousands of clients.
- We personalize legal solutions to meet your goals.
- Consultations are free and 100% confidential.
At The Law Office of Elliot Kanter APC, we help individuals who have suffered losses due to another person’s negligence or intentional wrongdoing. It is infuriating to learn that you or your loved one’s assets or money have been taken. Let us work with you to find a legal solution. Reach out to our office today and schedule a free case review with our San Diego financial elder abuse lawyer. When experience matters most, Californians turn to our firm for trusted guidance.