Property Transfers at Death

  Simplified Probate Procedures
  FAQ's - Probate a Decedent's Estate
  Probate Process Diagram
  Preparing the Petition
  Administering the Estate
  Closing and Distributing the Estate
  Trusts

  Probate Help for Children

  Adoption
  Guardianship
  Emancipation
  Name Change
  Minor's Compromise
  Protecting a Child's Assets
  Community Resources

  Help for Adults/Elders

  Conservatorship
  LPS Conservatorship
  Conservatorships for Developmentally Disabled Adult (Limited Conservatorships)
  Medi-Cal
  Name Change
  Adult Adoption
  Dependent Adult/Elder Abuse
  Restraining Orders

  Financial & Medical Decision Making

  Durable Power of Attorney
  Health Care Decision Making
  Living Trusts

  Petitions to Establish Birth, Death or Marriage

  Resources & Referrals

  Frequently Asked Questions
  California Probate Referees

  Local Probate Rules
  Probate Forms
  Probate Fees
  Finding a Probate Lawyer
  Probate Terms
  Probate Court Location
  Self-Service Home
  Main Court Site
  Case Info Site

Self Service Home  |  Glossary  |  Search  |  Site Map  |  Feedback  |  Contact
Probate Court

Dependent Adult/Elder Abuse
   [Esta página está en español; Trang này bằng tiếng Việt]

The population in America is aging. Of the 281 million Americans, 27% are 50 and older. The courts are seeing more and more assaults, neglect, financial abuse of older people and situations where older Americans can no longer care for themselves.

The Court also sees many adults who have physical or developmental disabilities or failing physical or mental abilities caused by age. Their conditions often make it hard for them to do normal activities or to protect their rights. These people are called dependent adults.

This section tells you about:

1. What is elder or dependent adult abuse?
2. How do I report elder or dependent adult abuse?
3. Who has to report elder or dependent adult abuse?
4. What is FAST?
5. How a Restraining Order can help protect you against elder or dependent adult abuse
6. Elder Abuse Prevention/Reporting Resources

1. What is elder or dependent adult abuse?
   
   In general terms, it is when someone mistreats an elderly person or a dependent adult, whether or not that person is at home or in an institution.
   
   In California, elder or dependent adult abuse is a crime. Someone who abuses an elderly person or dependent adult can go to prison or jail and be fined. (Welfare and Institutions Code 15656)
   
   The most common kinds of elder or dependent adult abuse are:

   Physical	Causing pain or injury, using unreasonable physical restraints, or not allowing the person enough food or water.
   Psychological	Causing mental pain, like humiliating, intimidating or threatening.
   Sexual	Sexual assault, rape
   Financial	Using an elderly or dependent person’s money or property illegally or improperly without their consent for someone else's benefit
   Abandonment	When someone deserts an elderly person or dependent adult they are caring for.
   Neglect	When a caregiver does not take reasonable care of the elderly or dependent adult they are supposed to.
   Abduction	Taking an elderly or dependent adult out of the state if that person does not have the capacity to give consent to the move.
   Isolation	Intentionally preventing an elderly person or dependent adult from receiving mail, telephone calls or seeing visitors.
   Self-neglect	When an elderly person does not care for him/herself to the point that his/her health and safety are at risk.

    

2. Can anyone report elder or dependent adult abuse?
   
   Yes. To report abuse in Santa Clara County or talk about a situation that concerns you, contact:
   
   Adult Protective Services (APS)
   Department of Aging and Adult Services
   Santa Clara County Social Service Agency
   400-928-3860, or
   Toll-free: 800-414-2002
   
   APS also:

   • Investigates reports of elder or dependent adult abuse

   • Responds to emergencies when the victim needs medical attention, medications, shelter, food, housekeeping, electricity and heat, and short-term help after the immediate crisis

   • Works with the Public Guardian, District Attorney, County Counsel and local law enforcement to decide if a case should be filed and prosecuted

   • Has bilingual staff to help translate

     top of page ↑

3. Who has to report elder or dependent adult abuse?
   
   The law says some people must report any elder or dependent adult abuse they see or suspect. (Welfare and Institutions Code 15630)
   
   These people must report abuse:

   • Anyone who cares for an elderly person, whether at home or in an institution

   • Employees of any social service agency

   • Health Practitioners

   • Law Enforcement

   The identity of the person reporting the abuse is always kept confidential.
    

4. What is FAST?
   
   In the Santa Clara Valley where homes sell quickly and for extraordinary prices, the Department of Aging and Adult Services has formed a team (Financial Abuse Specialist Team – FAST) to respond quickly to instances of financial abuse.
   
   FAST teams are made up of people from the Public Guardian's Office, APS, District Attorney's Office, County Counsel's Office and local law enforcement.
   
   To contact FAST, call:
   408-928-3860
   800-414-2002 (toll free)
   
    
5. How a Restraining Order can help protect you against elder or dependent adult abuse
   
   Click here to learn How to ask for an Elder or Dependent Abuse Restraining Order.
    
6. Elder Abuse Prevention/Reporting Resources
    
   • Center on Aging, UC Berkeley: http://garnet.berkeley.edu/~aging
   • Administration on Aging: http://www.aoa.dhhs.gov
   • California State Dept. of Aging: http://www.aging.ca.gov/
   • National Center on Elder Abuse: http://www.elderabusecenter.org/
   • National Institute on Aging: http://www.nih.gov/nia
   • Elder Abuse Prevention: Information & Resource Guide: http://www.oaktrees.org/elder
   • To report abuse in another California County: http://www.dss.cahwnet.gov/pdf/apscolist.pdf
   • California Codes: http://www.leginfo.ca.gov
   • Adult Protective Services:
     (408) 928-3860, or
     (800) 414-2002 (toll-free)
   • Senior Adults Legal Assistance (SALA)
     (408) 295-5991 in San Jose
     (650) 969-8656 in North County
     (408) 847-7252 in South County
      

top of page ↑