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California Laws Protecting the Elderly

Elder abuse is a growing problem, especially in the state of California.  The United States Bureau projects that California elderly population will double in approximately 20 years, increasing from an already staggering 3.7 million to more than 6.4 million.  The United States Accounting Office projects that more than 43 percent of Americans over 65 years of age will live in a nursing home at some point in their lives, so chances are that you or someone you know will one day reside in a nursing home.

An elderly person who is abused or neglected is not without legal recourse.  Title 22, administered by the California Department of Social Services (CDSS), defines licensing requirements for nursing homes in California.  The requirements include healthy and safe living accommodations, nursing services to prevent dehydration, malnutrition, pressure sores, falls and restraints, personal assistance and care, continual observation and supervision, planned activities, medical and dental care and food services for all individuals residing in nursing homes in the state of California.

Additionally, the Elder Abuse and Dependent Adult Care Civil Protection Act (EADACPA) is primarily associated with protection of the elderly against physical abuse or neglect.  The EADACPA applies to both “elders,” defined as an individual residing in California who is 65 or older, and “dependent adults,” defined as any person who is between the ages of 16 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her own rights.  “Dependent adults” also applies to an individual between the ages of 18 and 64 who is admitted into a 24 hour health care facility.

In passing the act, the legislature acknowledged that elders have undeniable rights which are violated when they are abused, neglected, or abandoned.  The act imposes a duty on the State of California to regulate instances of elder abuse and neglect by providing adult protective services agencies, local long-term care ombudsman programs, and allowing local law enforcement agencies to receive complaints regarding public or private agencies.  The purpose of the act is threefold: to require health care practitioners to report known cases of abuse; to collect information on the number of abuse victims, circumstances surrounding the act of abuse, and other data to help the state establish services to aid victims of abuse; and to provide protection under the law for those who report cases of suspected abuse.

York Law Firm

The experienced lawyers at York Law Firm specialize in cases pertaining to elder abuse and neglect and have the skill to represent your elderly loved one.  If you need legal counsel for an elder abuse or neglect claim, we are here to serve you.  With highly successful, motivated and experienced attorneys, we will fight to obtain you the just compensation that your family deserves.

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