Blog

In 1982, California passed the Elder Abuse and Dependent Adult Civil Protection Act and became one of the first states to protect elderly and dependent adults from criminal abuse (physical, mental, and financial), abandonment, abduction, and neglect. Further private civil measures applied to the act in 1991 helped mitigate elder abuse. But by how much? According to the U.S. Department of Justice, 1 in 10 adults over the age of 65 suffer from at least one type of abuse that often goes unnoticed. Fear of retaliation or lack of mental capacity are key reasons why 1 out of 24 cases goes unreported according to the World Health Organization (WHO). More could still be done. Which is why Governor Gavin Newsom signed Assembly Bill (AB) 1243 into law in August of 2022, adding anti-isolation measures to the Elder Abuse Act. What is AB 1243? The rise of the COVID lockdowns made it clear that isolation was a danger to the mental, and sometimes physical, health of elder adults and dependents. When isolated from family, friends, and community, abuse of all forms could go unchecked. In some cases, it could expand and flourish without repercussions. Isolation itself may even be a way for a caregiver to cover up different types of abuse. There was a limited number of parties who could petition for protection from isolation by a caregiver prior to signing AB 1243 into law. Once the law went into effect in January 2023, family members or friends were given the right to petition against forced isolation with an anti-isolation restraining order. What is an isolation? Isolation, as defined under AB 1243, is the recurring act of keeping a vulnerable adult from contact with a particular person, including phone calls, online communication, and in-person contact. What is the impact of anti-isolation restraining orders? You no longer have to be a conservator, trustee, or attorney-in-fact to file for anti-isolation restraining orders. Anyone with an interest in the party in question can petition to enjoin the abuser from isolating the elder or dependent adult from them. Any petitioner must prove a pre-existing relationship to the elder or dependent adult — how they are related or the amount of time they spend with them. They must also prove that the interested party has been forcefully kept from seeing or communicating with the elder in question. In other words, the petitioner must prove the isolation is not due to the elder refusing to see the petitioner by their own recognizance. Because this is often hard to determine due to the elder or dependent adult’s mental state, the court is obliged to use all means to determine the validity behind all claims made. Be aware that AB 1243 does not apply to anyone who currently resides in a long-term care facility or healthcare facility. If someone you care for is being isolated against their will, it may be time to take action. Call us for a consultation today.

Caring for an older adult, especially one with extensive care needs, can be time consuming and stressful. It’s why many people choose to place elderly parents or grandparents in nursing homes where they can be professionally cared for. But what happens when you find out the nursing home you’ve chosen begins to neglect your loved ones? What is nursing home neglect? Nursing home neglect is a form of elder abuse toward those living in a nursing home. When it happens, residents suffer due to poor care, ignorance, carelessness, or mistreatment. This can include failure to treat injuries or contact a doctor when needed; forgetting to regularly bath someone or change bed sheets; depriving someone of food and water; or providing someone with the wrong medications. This type of abuse happens more often than you might think. The National Center on Elder Abuse (NCEA) reports that about 95% of nursing home residents have either been neglected or have witnessed neglect and according to the World Health Organization, 12% of employees have admitted to neglecting residents. The U.S. Department of Justice also reports that 57 cases of neglect go unreported for every one case that is reported. What causes nursing home neglect? The main reason for neglect stems from being understaffed. This leads to overwhelmed staff members, high levels of stress, avoidable mistakes, and burnout. Another reason is inadequate training or hiring processes, both of which may occur when a nursing home rushes to fill positions without doing proper background checks or certification screenings. How do I know if neglect is happening? Malnutrition or dehydration (leading to weight or hair loss, irritability, or papery skin). Untreated health issues, such as bed sores, infections, and broken bones. Dirty appearance, soiled clothes, and other hygiene issues. Isolation, depression, or anxiety. Loss of mobility. Pests, mold, or other signs of an unkept residence. Wandering away from the facility. What can I do to prevent nursing home neglect? First and foremost, immediately report neglect to the authorities. Failure to report neglect could lead to other forms of elder abuse, permanent disability, and death. In many states, waiting too long can also keep you from seeking legal justice due to statutes of limitations. Some authorities to contact include: Police – Can remove residents and conduct investigations into alleged neglect. Adult Protective Services (APS) – Can conduct welfare checks and investigate non-urgent reports of neglect. Long-term care ombudsman – Can address your concerns and investigate signs of neglect on your behalf. Finally, you’ll want to contact a nursing home abuse lawyer, who will help pursue compensation for medical treatments and therapy in relation to neglect. Other things you can do to prevent neglect is making regular calls and visits to the nursing home, watching for signs of neglect, and document everything, no matter how small or inconsequential. Most importantly, always believe your loved one when they talk about being neglected. Just because a nursing home looks good on paper, doesn’t mean it is, or that it will degrade in the future.