Updated: November 30th, 2024
Caring for an aging loved one means trusting others with their safety and well-being, but that trust isn’t always honored. In California, over 110,000 elderly residents live in licensed nursing homes, with many more in assisted or unlicensed facilities.
Unfortunately, about 13% of complaints to the state’s Long-Term Care Ombudsman involve abuse or neglect. California’s elder rights give families the tools to address this mistreatment and help their loved ones receive dignified care.
Learn what protections nursing home residents have, the steps to take if those protections are violated, and how a nursing home abuse attorney can assist with your case.
Elder Rights in California: An Overview
Elder rights refer to the protections and entitlements granted to individuals aged 65 and older under California and federal law. These rights encompass safety, dignity, financial autonomy, access to medical care, and the ability to live free from abuse or neglect.
California elders are protected by the specific statutes in the Elder Abuse and Dependent Adult Civil Protection Act (Statutes 15600 – 15675) and various rules in the Health and Safety Code, which regulates nursing home standards. (See full list of protections in resource section).
These laws address abuse, neglect, and quality of care, providing legal avenues to protect residents and hold facilities accountable.
Right to Safety and Protection
Elders in California are protected from all forms of abuse and neglect, including physical, emotional, financial, and sexual harm. Statute 15656 makes it illegal to:
- Inflict physical or emotional harm on an elder
- Engage in financial exploitation, such as theft or fraud
- Neglect basic needs, including food, shelter, or medical care
- Commit sexual abuse or inappropriate acts
- Isolate elders to prevent contact with others or resources
WIC Statute 15630 requires healthcare workers, caregivers, and other mandated reporters to contact Adult Protective Services (APS) or law enforcement for suspected abuse or neglect. As a concerned family member, you can also report the abuse to APS by calling 1-833-401-0832 or visiting your county’s local office.
Right to Medical Care and Health Decisions
Elders in California are entitled to make informed choices about their medical care, ensuring their autonomy and dignity in healthcare settings. Specifically, the Nursing Home Reform Act grants patients the right to:
- Access to medical care. Elders have the right to receive care that meets their medical needs, including treatment, support, and services to improve their well-being.
- Healthcare directives and consent. Elders can use advance directives, living wills, or healthcare powers of attorney to outline their treatment preferences and choose someone to make decisions if they’re unable to.
- Right to refuse treatment. California elders can refuse medical treatment, including life-prolonging care, giving them control over their health choices.
Financial Rights and Protections
Elders in California have financial rights that protect them from exploitation and fraud while supporting their independence. They retain control of their finances unless a court legally determines they are unable to manage them.
Statute 15610.30 defines financial elder abuse and makes it unlawful under both civil and criminal laws, addressing acts like theft, fraud, or coercion. This means caregivers, family members, or others cannot:
- Steal or misuse an elder’s money or assets
- Pressure an elder into signing financial documents
- Commit fraud or deceit to gain financial benefits
- Exploit their position of trust for financial gain
If you suspect financial abuse, report it to Adult Protective Services or law enforcement for investigation and action.
Housing Rights
Elders have the right to live in safe and suitable housing, whether in their homes or care facilities. California laws protect against discrimination and set high standards for care facilities to promote safety and well-being.
Right to Autonomy and Personal Freedom
Elders retain the right to make their own life choices, provided they are mentally competent. When an elder cannot manage their personal or financial affairs, courts may appoint a conservator under the Lanterman–Petris–Short Act. However, this process is carefully monitored to preserve the elder’s autonomy as much as possible.
Right to Legal Representation and Advocacy
Elders have the right to legal representation, especially in cases involving nursing home abuse or neglect. Statute 15657 allows the victim to seek civil damages for the cost of medical care, pain and suffering, and emotional distress caused by abuse or neglect.
Many attorneys specializing in elder abuse work on contingency fees, allowing seniors and their families to seek accountability and compensation without upfront costs. Free or low-cost legal support is also available to assist those with limited resources.
Elder rights organizations and advocates, such as the Long-Term Care Ombudsman Program and the California Department of Public Health (CDPH), also help protect vulnerable seniors by providing support and ensuring fair treatment.
Steps To Enforce Elder Rights
It can be heartbreaking to suspect a loved one’s rights aren’t being respected. Take the following steps to address concerns and help them get the care and respect they deserve:
- Stay informed. Learn about elder rights and legal protections in California, including how they apply to housing, medical care, and financial safety.
- Recognize the signs. Watch for indicators of abuse or neglect, such as unexplained injuries, withdrawal, sudden financial changes, or poor living conditions.
- Report violations. Contact Adult Protective Services, local law enforcement, or the Long-Term Care Ombudsman if you suspect abuse or neglect.
- Seek legal guidance. Work with a nursing home abuse attorney to learn your legal options, hold wrongdoers accountable, and pursue compensation.
- Follow up. Stay engaged with authorities or legal representatives to ensure action is taken and your loved one receives the necessary protection and care.
Empowering California’s Elders: Protecting Rights and Ensuring Dignity
California’s elder laws provide a strong foundation for protecting the rights of senior citizens. Understanding these rights can help elders and their families take proactive steps to address abuse, ensure dignity, and safeguard financial and personal freedom.
If you or a loved one are facing elder rights violations or mistreatment that has resulted in injury or wrongful death, contact an experienced elder law attorney to explore your options. Stay informed and proactive to protect the rights and well-being of California’s elderly population.
California Elder Laws: A Comprehensive List
California has enacted several laws to protect the rights and well-being of its elder population. Below is a list of key statutes:
- Elder Abuse and Dependent Adult Civil Protection Act. Welfare and Institutions Code 15600–15675. This act defines and addresses various forms of elder abuse, including physical, financial, and emotional abuse.
- Adult Protective Services (APS). Welfare and Institutions Code 15750–15766. These provisions establish APS programs to investigate and respond to reports of elder abuse and neglect.
- Long-Term Care Ombudsman Program. Welfare and Institutions Code 9700–9745. This program advocates for residents in long-term care facilities, handles complaints, and promotes residents’ rights.
- Crimes Against Elders and Dependent Adults. Penal Code 368. This section outlines criminal penalties for those who commit abuse, neglect, or financial exploitation against elders or dependent adults.
- Civil Remedies for Elder Abuse. Civil Code 3345. This statute allows for increased remedies in civil actions involving unfair or deceptive practices against elders.
- Financial Elder Abuse. Penal Code 368(d) and (e). These subsections specifically address theft, embezzlement, forgery, fraud, or identity theft against elders by non-caretakers and caretakers, respectively.
- Mandated Reporting of Elder Abuse. Welfare and Institutions Code 15630. This law requires certain professionals to report known or suspected instances of elder abuse.
- Lanterman–Petris–Short (LPS) Act. Welfare and Institutions Code 5000–5550. This act governs the involuntary civil commitment of individuals, including elders, for mental health treatment.
- Nursing Home Residents’ Rights. Health and Safety Code 1599–1599.4. These sections outline the rights of residents in nursing homes, including the right to dignity, privacy, and appropriate medical care.
- Filial Responsibility Laws. Family Code 4400-4405. This statute imposes a duty upon adult children to support their indigent parents.
- Protective Placements and Custody of Endangered Adults. Welfare and Institutions Code 15700–15705.40. These provisions allow for temporary emergency protective custody of elders in situations posing immediate risk.
- Unfair Business Practices and Deceptive Advertising. Business and Professions Code 17200 and 17500. These laws protect elders from fraudulent business practices and misleading advertisements.
- False Claims Act. Government Code 12650 et seq. This act allows for civil penalties against those who defraud state programs, including those serving elders.
- Residential Care Facilities for the Elderly (RCFE) Act. Health and Safety Code 1569–1569.889. This act regulates the licensing and operation of residential care facilities for the elderly.
- California Adult Day Health Care Act. Health and Safety Code 1570–1596.5. This act establishes standards for adult day health care services.
- Skilled Nursing and Intermediate Care Facility Patient’s Bill of Rights. Health and Safety Code 1599–1599.4. This bill outlines the rights of patients in skilled nursing and intermediate care facilities.
- Alzheimer’s Day Care Resource Centers Act. This act provides for the establishment of day care resource centers for individuals with Alzheimer’s disease.
- Residential Care Facilities for Persons with Chronic Life-Threatening Illness. Health and Safety Code 1568.01–1568.094. These provisions regulate facilities caring for individuals with chronic life-threatening illnesses.
- Civil Harassment Restraining Orders. Welfare and Institutions Code 15657.03. This statute allows elders to seek restraining orders against individuals harassing them.
- Family Code Protective Orders. Family Code 6200–6409. These sections provide for protective orders in cases of domestic violence, which can include elder abuse situations.
- Judicial System Supports for Elderly Victims/Witnesses. Penal Code 368.5 offers protections and accommodations for elders involved in the judicial system as victims or witnesses.
- Conservatorships and Related Probate Code Provisions. Probate Code 1800–2955 governs the appointment of conservators for elders who cannot manage their personal or financial affairs.
- Lanterman–Petris–Short Act Conservatorship. Welfare and Institutions Code 5000–5550. This act includes provisions for the conservatorship of individuals with serious mental health disorders, including elders.
Basic Legal Rights for California Elders
Updated: November 30th, 2024
Caring for an aging loved one means trusting others with their safety and well-being, but that trust isn’t always honored. In California, over 110,000 elderly residents live in licensed nursing homes, with many more in assisted or unlicensed facilities.
Unfortunately, about 13% of complaints to the state’s Long-Term Care Ombudsman involve abuse or neglect. California’s elder rights give families the tools to address this mistreatment and help their loved ones receive dignified care.
Learn what protections nursing home residents have, the steps to take if those protections are violated, and how a nursing home abuse attorney can assist with your case.
Elder Rights in California: An Overview
Elder rights refer to the protections and entitlements granted to individuals aged 65 and older under California and federal law. These rights encompass safety, dignity, financial autonomy, access to medical care, and the ability to live free from abuse or neglect.
California elders are protected by the specific statutes in the Elder Abuse and Dependent Adult Civil Protection Act (Statutes 15600 – 15675) and various rules in the Health and Safety Code, which regulates nursing home standards. (See full list of protections in resource section).
These laws address abuse, neglect, and quality of care, providing legal avenues to protect residents and hold facilities accountable.
Right to Safety and Protection
Elders in California are protected from all forms of abuse and neglect, including physical, emotional, financial, and sexual harm. Statute 15656 makes it illegal to:
WIC Statute 15630 requires healthcare workers, caregivers, and other mandated reporters to contact Adult Protective Services (APS) or law enforcement for suspected abuse or neglect. As a concerned family member, you can also report the abuse to APS by calling 1-833-401-0832 or visiting your county’s local office.
Right to Medical Care and Health Decisions
Elders in California are entitled to make informed choices about their medical care, ensuring their autonomy and dignity in healthcare settings. Specifically, the Nursing Home Reform Act grants patients the right to:
Financial Rights and Protections
Elders in California have financial rights that protect them from exploitation and fraud while supporting their independence. They retain control of their finances unless a court legally determines they are unable to manage them.
Statute 15610.30 defines financial elder abuse and makes it unlawful under both civil and criminal laws, addressing acts like theft, fraud, or coercion. This means caregivers, family members, or others cannot:
If you suspect financial abuse, report it to Adult Protective Services or law enforcement for investigation and action.
Housing Rights
Elders have the right to live in safe and suitable housing, whether in their homes or care facilities. California laws protect against discrimination and set high standards for care facilities to promote safety and well-being.
Right to Autonomy and Personal Freedom
Elders retain the right to make their own life choices, provided they are mentally competent. When an elder cannot manage their personal or financial affairs, courts may appoint a conservator under the Lanterman–Petris–Short Act. However, this process is carefully monitored to preserve the elder’s autonomy as much as possible.
Right to Legal Representation and Advocacy
Elders have the right to legal representation, especially in cases involving nursing home abuse or neglect. Statute 15657 allows the victim to seek civil damages for the cost of medical care, pain and suffering, and emotional distress caused by abuse or neglect.
Many attorneys specializing in elder abuse work on contingency fees, allowing seniors and their families to seek accountability and compensation without upfront costs. Free or low-cost legal support is also available to assist those with limited resources.
Elder rights organizations and advocates, such as the Long-Term Care Ombudsman Program and the California Department of Public Health (CDPH), also help protect vulnerable seniors by providing support and ensuring fair treatment.
Steps To Enforce Elder Rights
It can be heartbreaking to suspect a loved one’s rights aren’t being respected. Take the following steps to address concerns and help them get the care and respect they deserve:
Empowering California’s Elders: Protecting Rights and Ensuring Dignity
California’s elder laws provide a strong foundation for protecting the rights of senior citizens. Understanding these rights can help elders and their families take proactive steps to address abuse, ensure dignity, and safeguard financial and personal freedom.
If you or a loved one are facing elder rights violations or mistreatment that has resulted in injury or wrongful death, contact an experienced elder law attorney to explore your options. Stay informed and proactive to protect the rights and well-being of California’s elderly population.
California Elder Laws: A Comprehensive List
California has enacted several laws to protect the rights and well-being of its elder population. Below is a list of key statutes: