Why the Elder & Dependent Adult Civil Protection Act Was Enacted in California

Written by Adam Peck Category: Elder Law May 16th, 2013 3 min read

infections and bed sores in the elderly The Elder Abuse and Dependent Adult Civil Protection Act (§ 15600 et seq., hereinafter the Act) provides for both criminal and private civil enforcement of elder and dependent adult abuse laws. (Delaney v. Baker 1999), 20 Cal.4th 23, 33, 82 Cal.Rptr.2d 610, 971 P.2d 986.) “[O]ne of the major objectives of [the Act] was the protection of residents of nursing homes and other health care facilities.” (Id. at p. 37, 82 Cal.Rptr.2d 610, 971 P.2d 986.) Section 15610.07 defines “abuse of an elder or dependent adult” as:

The Act’s definition of “neglect” includes: “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.” (§ 15610.57, subd. (a)(1).) The Act’s definition of “care custodian” includes members of the support staff of 24-hour health facilities as defined in Health and Safety Code sections 1250, 1250.2, and 1250.3. (§ 15610.17, subd. (a).) The Act’s definition of a “dependent adult” includes “any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.” (§ 15610.23, subd. (b).)

In 1991 the Act was amended to allow in certain circumstances awards of heightened or enhanced remedies that would not otherwise be recoverable in an ordinary private, civil action for elder or dependent adult abuse. (ARA Living Centers-Pacific, Inc. v. Superior Court (1993) 18 Cal.App.4th 1556, 1563-1564, 23 Cal.Rptr.2d 224; Delaney v. Baker, supra, 20 Cal.4th at pp. 33-36, 82 Cal.Rptr.2d 610, 971 P.2d 986.) Those enhanced remedies include awards of reasonable attorney fees and costs and limited damages for a decedent’s pain and suffering. (§ 15657; ARA Living Centers-Pacific, Inc., supra, at p. 1564, 23 Cal.Rptr.2d 224; Delaney, supra, at p. 33, 82 Cal.Rptr.2d 610, 971 P.2d 986.) Section 15657 provides:

“Where it is proven by clear and convincing evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or financial abuse (now by a preponderance of the evidence) as defined in Section 15610.30, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all other remedies otherwise provided by law: (a) The court shall award to the plaintiff reasonable attorney’s fees and costs. The term `costs’ includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. (b) The limitations imposed by Section 3[“7]7.34 >of the Code of Civil Procedure on the damages recoverable shall not apply. However, the damages recovered shall not exceed the damages permitted to be recovered pursuant to subdivision (b) of Section 3333.2 of the Civil Code. (c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorney’s fees permitted under this section may be imposed against an employer.”

– from Steven Peck, Senior Attorney at Peck Law Group

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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.