Nursing Home Neglect & Elder Abuse Overview

The unimaginable has happened. Your loved one was abused by a care giver or neglected while in a nursing home facility’s care. Discovering abuse only compounds the distressing feelings around placing a loved one into a nursing home or care facility. But you’re not alone; an elder abuse attorney can help you get the justice your family member and loved one deserves, and hopefully stop it from happening again.

 Woman in white walking with a walker.

Nursing Home Neglect    

 No matter what the causes are for the abuse, elder abuse is illegal. In 1987, the U.S. Congress passed the Nursing Home Reform Act (NHRA), which includes the Nursing Home Residents' Bill of Rights. It is the foundation of elder law, the legal practice area dedicated to protecting seniors. This law was intended to protect the quality of life for residents of nursing homes and improve the quality of care provided by their caregivers.

 Close-up of elderly hands on a cane.

Elder Abuse

 “Elders” are afforded special protection under California law as embodied by the "Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)". Abuse under an EADACPA claim is a civil action that may include "physical abuse, neglect, fiduciary abuse, abandonment, isolation, or other treatment with resulting physical harm or pain or mental suffering, the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering."

 Stethoscope sitting on a stack of one hundred dollar bills.

Financial Elder Abuse

 Financial abuse is the theft or embezzlement of money or any other property from an elder. It can be as simple as taking money from a wallet, and as complex as manipulating a victim into turning over property to an abuser. This form of abuse can be devastating because an elder victim’s life savings can disappear quickly, leaving them unable to provide for their needs and afraid of what an uncertain tomorrow will bring.