California Guidelines for Recognizing and Reporting Elder Abuse
Under California law, elder abuse is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. Diminished capacity due to the elder's advanced age, physical confinement, and medical condition make it difficult for victims to speak out about their abuse. Even when they do, perpetrators may blame the complaints on the elder's senility, confusion, or dementia. So many victims have no family or friends left to care for them. They rely entirely upon the staff and caregivers at their nursing home or facility. That is why it is important for anyone who witnesses elder abuse to recognize the symptoms and report the abuse.
Signs of physical abuse include unexplained weight loss, malnutrition, and dehydration. While lack of appetite is a common complaint amongst the elderly, caretakers are required by law to provide the food and service necessary to the patient's health and wellbeing. Unfortunately, poor nutrition often leads to easy bruising, another sign of physical abuse. Look for bruises and skin damage in the shape of fingerprints or clustered marks from repeated striking or beating. Also notice any new scratches, cuts, welts, or fractures. Marks indicating pinching, choking, or gagging evidence acute instances of abuse, while increased bedsores show neglect, as when the patient is not turned over enough in bed.
While not as visible, suspicious behavior may also indicate abuse. Watch for undue agitation, anger, or defensiveness. These may be signs of mental suffering. Patients may also become non-responsive, hesitant, and anxious when asked to explain their abuse. They may feel increasingly isolated as they lose contact with family and friends. Always look for signs of fear, withdrawal, depression, and helplessness in determining whether there has been abuse. Remember that any social isolation, absence of assistance, or indifference toward the needs of the elderly may constitute abuse. Even if you are not related to the victim, report any suspicious activity to the proper authorities.
Administrators, supervisors, and licensed staff of elderly care facilities must report actual or suspected abuse. Even if you are not a "mandated reporter," you can still report suspected incidents of elder abuse to each of the following agencies:
• The Licensing and Certification Division of the Department of Public Health (DPH)
• Local Law Enforcement, including the Police, Sheriff, and District Attorney's office
• Office of the State Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Long-Term Care Ombudsman Program
• Adult Protective Services (APS) in your county
To report health-related or financial abuse, contact any of the following:
• Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Health Insurance Counseling and Advocacy Program (HICAP) or the California Senior Medicare Patrol
• For consumer scams, contact the appropriate county office of the District Attorney.
• For questionable annuity practices, contact the State Insurance Commissioner's Office
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Criminal elder abuse describes the willful infliction of physical pain or mental suffering on an elder. In the absence of intent, criminal abuse also includes the reckless endangerment of an elder's life by placing the elder in a situation the person has reason to believe would be dangerous. The California Penal Code sets forth rules governing criminal elder abuse. Civil elder abuse is governed by the California Welfare and Institutions Code, which defines elder abuse as the physical or financial abuse of an elder, whether through neglect, abandonment, isolation, abduction, or other treatment causing physical or mental harm to the elder. Care custodians may inflict physical harm or mental suffering on elders by depriving them of goods or services necessary to daily functioning. 