Rex L. Crandell
cpa, mba, attorney
|
Rex L. Crandell cpa, mba, attorney
|
|
ELDER FINANCIAL ABUSE STATUTES General Background Information on California's response to help stop elder abuse. In my opinion, there is nothing more uncivilized & animalistic than persons who take advantage of frail elders for their own personal gain. When you see potential situations of Elder Financial Abuse, you may want to contact the department of Adult Protective Services in your county or an independent service provider the assist in stopping this terrible conduct & bring the offending party to justice. In several of the Elder Abuse statutes, there are provisions that allow the transfer of the victims legal fees to be paid by the victimizer. This will help Elders with limited resources find legal assistance to equalize the situation against the wrongdoer. ELDER FINANCIAL ABUSE STATUTES. The California Legislature approved the following laws to assist the Elders to protect themselves and provides for damages that were caused by unscrupulous care providers, family members & commercial venders. Often it is necessary to consider a civil & criminal legal action against the offending party for Elder Financial Abuse Statutes of the California Welfare & Institutions Code.
Elder
Abuse Laws
|
|
Code Section |
Description |
Penalty |
|
BUSINESS & PROFESSIONS CODE |
Any unlawful, unfair or fraudulent business act or practice; deceptive, false or misleading advertising |
Restitution; injunctive relief (damages and civil penalties not available to private litigants) |
|
CIVIL CODE § 3345 |
Treble fines, penalties, or remedies allowed in actions brought on behalf of senior citizens or disabled persons which involve unfair or deceptive acts or practices or unfair methods of competition |
Treble fines, penalties, or remedies |
|
GOVERNMENT CODE |
Knowingly presents or causes to be presented a false claim to the state for money, property or services; Govt. Code § 12652(c)(1) provides authority for private person to bring action on behalf of state |
Civil penalty of treble damages and up to $10,000 for each false claim |
|
WELFARE
& INSTITUTIONS CODE |
If clear and convincing evidence that a defendant is liable for abuse or neglect of an elder or dependent adult, and defendant has been guilty of recklessness, oppression, fraud, or malice, the elder or dependent adult is entitled to certain enhanced remedies |
Punitive damages; reasonable attorney's fees and costs; claim for general damages for pain and suffering survives |
|
Penal
Code §368 &
|
Crimes against Elders. |
Criminal sanctions, jail time, restitution, etc. |
