
The Role of Adult Protective Services in Preventing Elder Abuse
Elder abuse is a serious issue that affects countless seniors across the U.S. This type of abuse can take many forms, including physical, emotional, financial, and neglect. Thankfully, California has established a robust system of Adult Protective Services (APS) to help prevent and address this critical issue.
Our elder abuse litigation lawyers may help you understand the role of Adult Protective Services in preventing elder abuse and how you can protect your loved ones from physical and financial elder abuse, including nursing home abuse. Contact Trust Law Partners for assistance.
Defining Elder Abuse in California
Elder abuse is a serious and often underreported issue affecting a significant portion of our aging population. In California, an elder adult is defined as any resident aged 65 or older. Elder abuse is any failure to act or any intentional act that places an elder at risk of physical or financial harm.
Prior to the COVID-19 pandemic, government agencies estimated that elder abuse affected approximately 1 in 10 Americans aged 60 and older. However, recent studies indicate that 1 in 5 older adults experience some form of abuse.
These statistics underscore the critical need for increased awareness and robust support systems to protect our vulnerable elderly population.
What Does the California Adult Protective Services Do?
California Adult Protective Services (APS) plays a vital role in safeguarding the well-being of vulnerable adults. To ensure accessibility throughout the state, an Adult Protective Services (APS) office is located in every county in California.
APS assists adults 65 years old and older and dependent adults who are disabled if they need help to meet their needs. Key roles include:
- Investigating reports of abuse, neglect, and exploitation
- Evaluating individual situations to determine the level of risk and support services needed
- Connecting individuals with essential services such as in-home care, adult day care, and financial assistance
- Raising public awareness by educating the community and encouraging reporting
- Advocating for policy changes to improve the protections and well-being of vulnerable adults
The types of abuse investigated by Adult Protective Services include:
- Physical abuse
- Financial abuse
- Abandonment
- Sexual abuse
- Neglect
- Mental suffering
- Self-neglect
- Abduction
- Isolation
Elder abuse is against the law and APS is required to investigate all allegations of crimes against elders. Anyone can report elder abuse by calling 1-833-401-0832 to be connected to the APS office in their county.
How Can APS Help With an Elder Abuse Lawsuit?
When you file a lawsuit seeking damages caused by elder abuse, you have the burden of proving the facility or individual is guilty of wrongdoing or negligence. Generally, you must prove that the facility or individual owed a duty of care to the older adult and breached that duty of care. The breach of care was the cause of the harm to the elder, and they sustained damages because of the other party’s actions.
The evidence must prove each legal element by a preponderance of the evidence. In other words, it must be more likely that abuse occurred than not.
Adult Protective Services can assist with a lawsuit by providing crucial evidence and testimony. During their investigations, APS gathers valuable documentation, interviews witnesses, and assesses the situation. This collected information can be instrumental in supporting legal claims. Furthermore, APS investigators may be called upon to testify in court, providing expert insights into the nature and extent of the abuse, which can strengthen legal proceedings.
Recovering Damages in an Elder Abuse Case
Sadly, the courts cannot undo the harm someone causes when they abuse or neglect an elderly adult. This is especially true if the elder dies before their case is heard by a court. However, criminal courts can punish individuals if they break the law. Civil courts can hold parties financially liable for damages.
Damages in an elder abuse case included medical bills, out-of-pocket expenses, and other economic damages. The individuals may also receive compensation for their emotional distress, pain, suffering, and diminished quality of life. Finally, a court may order the wrongdoer to return all funds wrongfully taken through financial elder abuse, as well as damages for their wrongdoing.
Our California Elder Abuse Lawyers Can Help You With Your Financial Elder Abuse, Physical Elder Abuse, or a Nursing Home Abuse Claim
We understand the trust you place in nursing homes and other facilities to provide compassionate and skilled care for your loved ones. If you suspect abuse or neglect, take action to hold the facility accountable. Contact Trust Law Partners to schedule a consultation with our elder abuse lawyers to discuss your legal options.