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Frequently Asked Questions
Elder Abuse


What is elder abuse and neglect?

Elder abuse may include neglect, physical abuse, sexual abuse, emotional or verbal abuse or taking improper financial advantage. Victims who are protected by California law include adults 65 years of age and over and dependent adults 18-64 years of age who are physically, developmentally, or emotionally disabled.


What are some examples of physical abuse and neglect?


What is the difference between malpractice and elder neglect?

Malpractice is when a health care professional's acts or omissions cause harm to any patient, whether young or old. California law limits how much money can be awarded to victims of medical malpractice. However, when an elder or dependent adult is harmed because essential medical and care services that are required to insure health and safety were not provided, California law allows additional money damages to be recovered.


Has a loved one been the victim of elder abuse and neglect?

As our loved ones age, many medical conditions can cause setbacks and deterioration. But no one should develop bedsores, or be injured by a fall, or die because care needs were ignored.


Is there compensation for pain and suffering experienced before death?

If an elder or dependent adult died as a result of neglect, the pain and suffering they endured before death can be compensated by an award of money damages to their family.


What is elder financial abuse?

Financial abuse (also known as "senior fraud") occurs when an elder's money or property is taken from them.


What are some examples of possible elder financial abuse?


What can be done when an elder has been financially victimized?

California law provides remedies for the recovery of money or property that has been wrongfully taken. When an elder is the victim, the law provides for an award of additional money damages, including attorney fees. Sometimes, it is in the elder's best interests to have the court appoint a conservator so that the elder and his or her assets can be protected in the future.


What if we learned to late that there was an improper change in a will or trust?

When a person has changed their estate plan as a result of undue influence or fraud, a lawsuit - called a will or trust contest, is the remedy. The goal of such a lawsuit is to prevent distribution of assets until a judge can hear evidence of whether the decedent changed the will or trust because of improper pressure by someone who became a beneficiary.


Where can I get advice about whether there has been elder physical or financial abuse?

The attorneys at Blumberg Law have successfully represented many clients in cases involving nursing home and hospital neglect, conservatorships, will and trust contests, and financial loss from undue influence and fraud.