Los Altos Elder Abuse Issues
At Kramer Radin, LLP, we are dedicated to protecting the rights of California’s elderly, representing senior citizens and their families in a wide variety of elder abuse matters in Santa Clara and San Mateo Counties.
Definition of Elder Abuse
Elder abuse is the physical, emotional, financial, sexual mistreatment or neglect of our elders. Abuse may occur at the hands of the very people entrusted with the care of an elder, such as caregivers and nursing home staff, or may be caused by family members, trusted advisors, or strangers. According to the National Center on Elder Abuse, approximately one to two million Americans aged 65 or older have been the victim of elder abuse. This is a growing problem.
Abuse in Residential Long-Term Care Facilities
Seniors residing in assisted living, nursing homes or other residential long-term care facilities commonly suffer from illnesses which are physically and mentally limiting, making them substantially dependent upon facility staff to take care of basic needs such as eating, dressing, bathing, and taking medications. Although the majority of such facilities are ethical and provide quality care, when facility staff fails to adequately take care of these needs, or worse, intentionally abuse or mistreat elders staying in their facilities, residents are often left helpless and unable to defend themselves. Residents maintain all of their fundamental civil and human rights and liberties when they are admitted to a nursing home, and are guaranteed certain rights under federal and state law, including the right to be treated with respect and dignity, and the right to quality care and treatment. Our attorneys work tirelessly to enforce the rights of the elderly, hold perpetrators of abuse responsible, and prevent harm from occurring to other seniors.
Financial Elder Abuse
Financial elder abuse involves taking, appropriating or retaining the real or personal property of an elder for a wrongful use or with intent to defraud, or both. Financial elder abuse may be committed by strangers, but it is often committed by someone who is close to or in a position of trust with the elderly victim, such as a caregiver, family member, or financial advisor. Examples of financial elder abuse include:
- Withdrawing money from an elderly victim’s account using a forged check
- Forging a signature on a deed to obtain title to an elder’s property
- Using undue influence to coerce elders into changing their will or trust, making an outright gift, or changing beneficiary designations on their retirement account or life insurance policy.
At Kramer Radin, LLP, we are more than just trust and estate lawyers. We are committed to our role as advocates for the protection of elders. We can help you identify whether your family member is being abused and what remedies you have to help your loved one. Contact us for a consultation.