Elder abuse in California

Elder abuse is a crime in California, as described in Penal Code section 368. It’s a little complicated and can be hard to distinguish between the normal problems associated with taking care of an older person, including neglect and abuse. Conduct is criminal when a person willfully inflicts physical or mental pain on an elderly person, or when someone causes or permits an older person’s health to be endangered. This could include preventing an older person from taking necessary medications. The law also protects the elderly from financial abuse — exploiting an aged or frail mental state to gain access to his or her money or property. Punishment for elder abuse varies.

• The facts of the case will dictate whether a criminal case will be charged as a felony or misdemeanor.
• Misdemeanor elder abuse can result in one year in jail and up to $6,000 in fines: Penalties increase for repeat offenders.
• Felony convictions can result in state prison, and up to $10,000 in fines.

Elder abuse investigations are difficult, as the authorities must try and distinguish between ordinary neglect and abuse. But for those charged with a crime for physical, emotional or financial abuse, the consequences may be severe.