Elder Abuse and Neglect

At the Santa Barbara law firm of McCarthy & Kroes, our attorneys are especially concerned with issues of elder abuse and neglect.  Elder abuse can be financial or physical, and can be committed by close family members or complete strangers.  Our elder population is especially vulnerable to exploitation and abuse due to diminished physical and mental capacity, and is therefore especially deserving of legal protection.

Financial Abuse

People with diminished mental capacity are vulnerable to simple and sophisticated frauds alike, and to scams from the Internet, telephone marketing, and unscrupulous door-to-door salesmen or "home repair" professionals.  These con artists target elderly people who are more likely to have diminished mental capacity yet also have significant assets saved over a lifetime of hard work.  Even seemingly-legitimate businesses may take advantage of their elderly customers by charging excessive fees or taking money up-front and then not performing work as promised.

Elder financial abuse can also be committed by a trusted friend or family member who can use his or her position or relationship to exert undue influence, enticing another to draft a will provision that the person would not otherwise have done.  This is often done in a subtle way, and proving the existence of undue influence is challenging.  A person may also obtain a power of attorney or other fiduciary relationship and misuse that authority to borrow money in the elder's name or siphon funds from the elder's bank accounts.

Physical Abuse and Neglect

California's Elder Abuse and Dependent Adult Civil Protection Act imposes criminal sanctions as well as civil liabilities against both individual abusers and nursing homes or other facilities.  Abuse under this law includes physical abuse and neglect, as well as financial abuse, abandonment, isolation, deprivation of necessary goods or services, or other treatment resulting in physical harm, pain, or mental suffering.  The state's Attorney General investigates and prosecutes violent crimes committed by nursing home employees, and also enforces violations against nursing homes.  In addition, victims of abuse have a legal right to sue the individual perpetrators, as well as the facilities that allowed the abuse to occur.  Recoverable damages include economic damages such as medical expenses, and non-economic damages such as pain and suffering.  Punitive damages and attorneys' fees are also recoverable in cases where the abuse or neglect was reckless, oppressive, fraudulent, or malicious.

Our practice represents victims of abuse and neglect among the elder population, as well as younger adults who are mentally incompetent or dependent on others for their care.  If you suspect that you or a loved one has been the subject of abuse or neglect, contact McCarthy & Kroes today to speak with one of our lawyers.