Phoenix, AZ asked in Civil Rights and Elder Law for California

Q: What does the penal code of California say on elderly abuse

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2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: The penal code doesn't address elder abuse. Elder abuse is covered by the Welfare and Institutions code. What you are asking for is a treatise on elder abuse. This is not the proper forum for such a question. If you have a specific question on the law as it applies to your personal situation, you should direct your questions to lawyers licensed to practice in Arizona.

James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: The California Penal Code has several provisions related to elder abuse. Some of the relevant sections include:

Penal Code section 368, which defines and prohibits elder abuse. It covers physical abuse, neglect, abandonment, isolation, financial abuse, and other types of mistreatment of a person aged 65 or older or a dependent adult.

Penal Code section 368.5, which prohibits theft from an elder or dependent adult, and makes such theft a form of financial abuse.

Penal Code section 368(d), which enhances penalties for certain crimes when committed against an elder or dependent adult.

Penal Code section 368(f), which provides for increased penalties for those who knowingly or recklessly cause great bodily injury or death to an elder or dependent adult.

In addition to the Penal Code, California has other laws that protect older adults, including the Elder Abuse and Dependent Adult Civil Protection Act, which provides civil remedies for elder abuse, and various reporting and investigation requirements for suspected cases of abuse.

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