Elderly Segment of The Population Is Particulary Subject To Elder Abuse and Neglect

Written by Adam Peck Category: Elder Law January 26th, 2013 2 min read

It is well known, and expressly noted by the California Legislature, that the elderly segment of the population is particularly subject to various forms of abuse and neglect. Welfare & Institutions code Â§15600(a) – (d). Physical infirmity or mental impairments, such as those suffered by elders, often place the elderly in a dependent and vulnerable position. See id. At the same time, these impairments have left the elderly, and elders, incapable of asking for help and/or protection.

The California Legislature has promulgated the Elder Adult and Dependent Adult Civil Protection Act (EADACPA), codified in California Welfare & Institutions Code Â§Â§ 15657 through 15657.3. The purpose and intent of the inclusion of California Welfare & Institutions Code Â§Â§ 15657 through 15657.3 in the EADACPA is made clear by the simultaneous addition of subsections (h) and (j) to California Welfare & Institutions Code Â§15600. Pursuant to California Welfare & Institutions Code Â§15600(h), the Legislature declared that infirm, elderly and dependent adults are a disadvantaged class, and that few civil cases are brought in connection with their abuse due to problems with proof, delays and lack of incentives to prosecute these suits.

EADACPA defines an “elder,” as any person residing in California who is and adult sixty-five (65) years of age or older, such as the decedent herein. Abuse under an EADACPA claim in a civil action includes “physical abuse” as defined in California Welfare & Institutions Code Â§15610.63 (d), as well as “neglect,” as defined in California Welfare & Institutions Code Â§15610.57
EADACPA has defined “neglect,” under California Welfare & Institutions Code Â§15610.57, to mean:

“Neglect” is the negligent failure of any person having care or
custody of an elder or dependent adult to exercise that degree of care
which a reasonable person in a like position would exercise.’Neglect’
includes but is not limited to all of the following:…(2) failure to
provide medical care for physical and mental needs.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.