Nobody wants to think that their elderly loved one has been abused. Unfortunately, the problem affects nearly five million older Americans each year. When your loved one falls victim to fraud or elder abuse, you want a supportive attorney on your side.
At Loew Law Group, we advocate for our clients and their loved ones. We know that elder abuse can have devastating effects and we want to help you regain control of the situation. If you need legal support in this trying time, give us a call right away.
Understanding Elder Abuse
It’s no secret that our elderly citizens are a vulnerable group. Many people in this age group become dependent on others for their care and life decisions, losing a measure of control over their daily lives. Most elderly abuse victims are abused by a partner, relative or caregiver. And many don’t know that they’re experiencing abuse in the first place.
Generally speaking, elder abuse is defined as any negligent, knowing, or intentional act that harms an elderly person. Fortunately, all 50 states have passed Elder Abuse laws to protect this vulnerable age group. In California, this law is called the Elder Adult and Dependent Adult Civil Protection Act, or sometimes just the “Elder Abuse Act.”
The purpose of this law is to prevent elder abuse in our state. If you or a loved one is a victim, you could be awarded attorneys’ fees, costs, and damages for pain and suffering. And, according to this law, a family may receive up to $250,000 in damages even after the death of their elderly loved one.
The attorneys at Loew Law Group can advise you and your family of your rights under the Elder Abuse Act. Please call us if you have any questions.
The Different Kinds of Elder Abuse
In California, elder abuse may be broken down into seven categories. These include:
- Financial abuse
- Physical abuse
- Any act that causes physical or emotional pain and suffering
One of the hardest categories to quantify is negligent abuse. Under California law, this is defined as failing to exercise the level of care that any reasonable person would exercise in ensuring that an elder is receiving proper care.
Negligent acts might include failing to provide adequate assistance in proper hygiene, administration of medical care and proper nutrition, and protection from hazards. If an individual caregiver or nursing home neglects a patient and that neglect leads to a serious injury (either physically or emotionally), they should be held liable.
Loew Law Group is here to help you pursue the compensation you deserve. A fair settlement can help you or your loved one recover and put the abuse behind you.
How to Tell If Your Loved One Is Being Abused
Elder abuse is notoriously difficult to identify and litigate. For many victims, the abuse comes from someone who is a trusted part of the elder’s daily life. Becoming familiar with the warning signs of elder abuse may help you catch a problem early on.
Some signs to watch for include:
- Strained relationships
- Belittling or threatening language
- Sudden changes in finances
- Bruises, abrasions, broken bones, and burns
- Withdrawal from normal activities
If you believe that your loved one is vulnerable to abuse, stay alert. The victim may be embarrassed or unable to relay what is happening and continue to suffer in silence.
If you notice any drastic or gradual changes, it might be time to start asking questions. Again, Loew Law Group will be here for you whenever you’re ready to pursue legal action.
Know When to Call an Attorney
The moment you suspect a loved one is being abused, it’s time to call an attorney in San Mateo. But you can also call an attorney long before the abuse happens. Estate planning may not eliminate the risk of abuse entirely, but it can help lower it.
If you are a caregiver, family member, or friend assisting an elder with his or her care, you may also find yourself wrongfully accused of elder abuse. Such wrongful accusations are often made by other family members or friends who are trying to take control over the elder’s life and finances. Loew Law Group is available to consult with and defend wrongfully-accused caregivers in such circumstances.
A well-devised estate plan will communicate to the court how a person wants their money and health care decisions to be made. This should significantly reduce an elderly person’s vulnerability.
If you or your loved one have not yet created an estate plan, call Loew Law Group. We can help you put your wishes into writing so you’re protected for years to come.
Schedule an Appointment with Loew Law Group
Is it time to speak with an elder abuse attorney about litigating or preventing elder abuse? Call Loew Law Group to learn more about your legal options.
With our law firm, you can trust that your needs and best interests will always be put first. Whether you hire our team early on or midway through the process, we’ll jump in and put all our resources to use. We know that elder abuse cases can be emotional and difficult, so we’ll handle every step with the compassion you deserve.
Our office is located in San Mateo, but we provide services to clients throughout San Mateo County and all other Bay Area counties, as well as throughout California. We stand ready to provide you with the advice and assistance you may need.