ELDER ABUSE – FAQS

What are some examples of elder abuse?

Elder abuse can occur in a variety of circumstances.  Physical abuse includes physical and sexual assault, restraining or confining the elder person in an unreasonable manner or for an unreasonable amount of time, and inappropriate administering of chemical or psychotropic drugs.

Mental abuse includes verbal threats and intimidation, prolonged isolation, and creating an atmosphere of fear to ensure the elder person complies with the abuser’s wishes.

Neglect may constitute both physical and mental abuse, and includes failing to administer medication in a timely manner, failing to assist the elder person with personal hygiene, and failing to ensure adequate nutrition of the elder person.

Does elder abuse include financially exploiting an elder person?

Yes, under California Penal Code section 368(d), (e), the punishment for crimes such as forgery, embezzlement, theft, fraud, or identity theft may be increased if the victim was an elder person.

What does it mean to cause “unjustifiable physical pain or mental suffering”?

Unjustifiable physical pain or suffering is pain or suffering that is not reasonably necessary or excessive under the circumstances.  Restraining an elder person may be justifiable under certain situations, but unreasonable or clearly excessive restraint constitutes elder abuse.

If you or someone you know has been accused of elder abuse, you need an experienced Riverside defense attorney who will carefully review the facts and the law to give you the best representation possible.  At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including elder abuse.  We will carefully review the evidence against you to secure the best possible outcome.  Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.