Elder Abuse

An elderly person with short gray hair covers their face with both hands, conveying stress or sadness. A blurred bookshelf and clock are in the background. Elder abuse is one of the most serious and heartbreaking problems facing families in California. As more people live longer, more families are discovering that a parent, grandparent, or vulnerable adult has been neglected, mistreated, or financially exploited by someone they trusted. Abuse can happen in nursing homes, assisted living facilities, residential care homes, or even in a person’s own home.

California has strong laws designed to protect elders and dependent adults. The Elder Abuse and Dependent Adult Civil Protection Act allows victims and their families to hold wrongdoers accountable and recover compensation for the harm that was done.

At Kalfayan Merjanian, LLP, we represent elders and families whose loved ones have suffered abuse or neglect. We understand that these cases are not just about legal claims. They are about dignity, trust, and making sure what happened to your loved one does not happen to someone else.

Who Is Protected Under California’s Elder Abuse Law?

California law protects:

Anyone age 65 or older
Adults between 18 and 64 who have physical or mental limitations that make it difficult for them to protect themselves

These laws recognize that older adults and dependent adults may be especially vulnerable because of physical frailty, memory loss, illness, or reliance on caregivers for daily needs. If someone in this protected group is abused, neglected, or financially exploited, California law provides specific remedies designed to strengthen their legal rights.

Types of Elder Abuse

Elder abuse can take many forms. Some of the most common include:

Physical abuse, such as hitting, pushing, rough handling, overmedicating, or improper use of physical or chemical restraints
Neglect, meaning a failure to provide basic needs like food, water, hygiene, medical care, or protection from unsafe conditions
Financial abuse, including theft, fraud, undue influence, or misuse of bank accounts and property
Abandonment or isolation, such as leaving a vulnerable person without care or cutting them off from family

Neglect is especially common in nursing homes and assisted living facilities. Chronic understaffing, poor training, and cost-cutting measures can lead to serious harm. Residents may develop bedsores, suffer from dehydration or malnutrition, experience repeated falls, or develop infections that should have been prevented. Neglect does not require someone to intend harm. It can occur when caregivers simply ignore known risks or fail to provide necessary care.

Financial abuse often involves someone taking advantage of an elder’s trust. This may include forging documents, pressuring someone to change a will, misusing a power of attorney, or draining bank accounts.

Who Can Be Held Responsible for Elder Abuse in California?

In many cases, more than one person or company may be legally responsible. Depending on the situation, those accountable may include:

Nursing homes, assisted living facilities, or residential care homes
Facility owners and management companies
Administrators and supervisors
Individual caregivers or staff members
In-home care agencies
Financial advisors or others who misuse an elder’s assets

Many care facilities are owned and operated by multiple corporate entities. Identifying all responsible parties is important because it ensures that the full extent of accountability and available insurance coverage is considered.

What Makes Elder Abuse Cases Different?

California’s elder abuse law allows for stronger remedies than ordinary negligence cases in certain situations. When abuse or neglect is especially serious, such as when it involves reckless conduct or deliberate disregard for an elder’s safety, the law permits additional forms of recovery.

For example, families may be able to recover damages for the elder’s pain and suffering, even if the elder has passed away. In many other types of cases, those damages would not be available after death. This is a critical protection for families whose loved one endured suffering before passing.

The law may also allow recovery of attorney’s fees and, in cases involving particularly harmful conduct, punitive damages meant to punish wrongdoing.

In financial abuse cases, victims may recover stolen funds and seek additional damages if the conduct was intentional or malicious.

How Elder Abuse Is Proven

Proving elder abuse requires a careful investigation. In neglect cases involving facilities, this often means reviewing:

Staffing levels and schedules
Care plans and medical records
Internal policies and training materials
Inspection reports and prior complaints

Patterns matter. If a facility repeatedly fails to provide enough staff or ignores known safety risks, that evidence can be critical.

In financial abuse cases, proving wrongdoing may involve tracing financial transactions, reviewing bank records, and examining legal documents such as trusts or powers of attorney.

There are deadlines for filing elder abuse claims, and those deadlines vary depending on the type of case. Acting quickly is important to preserve records and protect your rights.

What Compensation May Be Available?

Compensation in elder abuse cases can include both financial and personal losses.

Economic damages may include medical expenses, hospitalization costs, rehabilitation, and financial losses caused by theft or exploitation.

Non-economic damages may compensate for pain, suffering, emotional distress, and loss of dignity. When abuse or neglect leads to death, families may also recover damages related to the loss of their loved one.

In cases involving especially harmful conduct, punitive damages may be awarded to hold the wrongdoer fully accountable.

The Importance of Regulatory Violations

Nursing homes and assisted living facilities must follow strict state and federal rules. When regulators cite a facility for violations, those findings can help support a civil case. However, a regulatory citation alone is not enough. It must be shown that the neglect or misconduct directly caused harm. Medical experts are often needed to explain how inadequate care led to injuries such as pressure sores, infections, or fatal complications.

How Kalfayan Merjanian, LLP Helps California Elders and Their Families

Elder abuse cases are deeply personal. Families often feel guilt, anger, and betrayal after discovering that a loved one was mistreated. We approach these cases with compassion, but we also pursue them with determination.

At Kalfayan Merjanian, LLP, we thoroughly investigate the facts, obtain medical and facility records, consult qualified experts, and identify all responsible parties. We understand how long-term care facilities operate and how to uncover systemic failures that put residents at risk.

Our goal is not only to recover financial compensation but also to demand accountability. When facilities are forced to answer for neglect or abuse, it sends a message that vulnerable elders must be protected.

Contact Us

Families place enormous trust in caregivers and care facilities. When that trust is broken, the harm can be devastating. California law provides meaningful tools to seek justice, but those tools must be used properly and promptly.

If you believe an elder or dependent adult has been abused or neglected, speaking with an experienced attorney can help you understand your options and take steps to protect your loved one. Contact us today to get started with a no-cost, confidential consultation.