Elder Abuse FAQs

Who can be charged with elder abuse?

Anyone can be charged, but the statute specifically targets “caretakers” of elders. A caretaker is defined under the statute as anyone who “has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult....

Who is covered by the elder abuse statute?

An elder is defined as anyone who is 65 years of age or older. The statute also protects “dependent adults” between the ages of 18 and 64 who have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights....

What types of conduct can be charged as elder abuse?

Penal Code section 368 is the main statute that discusses elder abuse. It contains several types of conduct that can serve as the basis of a charge of elder abuse: Willful neglect Inflicting physical harm or suffering on an elder Placing an elder in a situation that...

What are the punishments for elder abuse?

They vary widely depending on whether the charge is a misdemeanor or a felony, and whether certain aggravating factors are present. The maximum penalty for a misdemeanor charge is one year in county jail. If the charge is filed as a felony, the maximum penalty can be...

What is APS?

APS stands for Adult Protective Services. APS is a government agency created by statute that functions much like the Department of Children Services does for cases involving minors. APS receives and investigates allegations of elder abuse and often works in...
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