Elders Have Rights

California law dealing with those citizens in declining health

Michael Ehline and Elder Law Statutes

The Ehline Law firm believes the antediluvian should be treated with respect and cared for, they also believe that every person should be treated with dignity. This is not the case for some elderly residents and when there is elder abuse or neglect there are elder abuse laws to protect their rights and to hold responsible the negligent party. Abuse and negligence can occur in places like nursing homes, rehabilitation facilities and hospitals, which are entrusted to care for the elderly.

When an elderly member of the family or friend is a victim of abuse or negligent care the responsible party should be held responsible by an elder abuse attorney. Just because a person is considered “over the hill”, does not mean they are no longer a human treasure.

  • Common Victims of Senior Citizen Abuse
  • Neglect Under California Law

The Most Common Victims of Abuse

The elderly: This is any person that is age 65 or older that is dependent on others for their care, day to day living and activities. The developmentally disabled: This is a person with a developmental disability, which makes them dependant on others for day to day living needs and activities. The people in this group are people with physical or mental disabilities, which are diminished due to age or injury. The dependant adult: This is a person with physical or mental limitations with restricted ability to perform normal activities of daily living alone. This person is between the ages of 18 and 64 and needs their rights protected. Welfare & Institution Code §15610.57.

Neglect is one of the laws that protect the elder abuse victim, in this code it is clearly outlined that reasonable care must be provided, food, clothing, shelter, hygiene, medical treatment, malnutrition, dehydration, protection from health and safety hazards. These are normal parts of daily care of the elderly resident and when the services are not provided this is violation of the law.

When a loved one or friend who has a lot of mileage on him or her, is a victim of abuse or negligence, the elder abuse laws can protect those getting on, or long in tooth. The Ehline Law firm has an exceptional knowledge of these statutes and codes that are designed to protect those wayfarers on their last leg in life. Speaking to Ehline Law, and holding the nursing home, rehabilitation facility or hospital responsible, not only can help protect the elderly family member, but the current and future elderly residents from experiencing abuse.

Welfare & Institutions Code § 15610.57. Neglect. 1. “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.

2. 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.

Another PSA from Ehline Law Firm PC. 1.213.596.9642. Sources: See California Policy to Protect Elders: http://elderabuse.ehlinelaw.com/california-policy-protect/