LEGAL
Legal Remedies in California for Financial Elder Abuse
Two sections of law in California provide the basis for addressing abuse of elders or dependent
adults:
- The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) Chapter 11. (Welfare & Institutions Code Section 156000 ET. Seq.) Established a system for intervention by Adult Protective Services, the Long-Term Care Ombudsman Program and local law enforcement. It allows these organizations to receive referrals or complaints regarding abuse of elders or
dependent adults and allows them to take protective action to ensure an older adult’s or
dependent adult’s safety. - Penal Code Section 368. It is a crime – punishable by fine or imprisonment or both – to abuse
an elder (anyone over the age of 65), or a dependent adult (anyone between the ages of 18
and 64) who, due to physical or mental incapacity is unable to adequately protect themselves). - The statute has been amended to make theft or embezzlement from an elder or dependent
adult a crime by a caretaker or by an individual who is not a caretaker. If the amount taken is
over $400, the action is a felony; if the amount is less than $400, it is a misdemeanor. A
caretaker is considered to be any person who has the care, custody, or is in control of, or who
stands in a position of trust with, an elder or a dependent adult.