As loved ones age, physical and cognitive challenges may require additional care. Unfortunately, some caregivers and scammers exploit their vulnerabilities. A Berkeley elder abuse lawyer can help protect your loved one and hold those responsible accountable.
At Arias Sanguinetti, we’ve obtained over $1.5 billion for our clients, backed by over 300 years of combined experience. We’re committed to advocating for those who cannot advocate for themselves and making sure their rights are upheld.
If your loved one has been harmed due to elder abuse, reach out to our team today to discuss your options. Our team of Berkeley personal injury lawyers can help you pursue justice and accountability.
Understanding Elder Abuse and Your Rights
Elder abuse affects some of the most vulnerable members of our community. California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) offers protections to those harmed. Below are common forms of elder abuse:
- Physical abuse: Using force to cause injury, such as hitting, restraining, or overmedicating.
- Neglect: Failing to provide basic necessities like food, hygiene, shelter, or medical care.
- Financial abuse: Misusing funds, forging signatures, identity theft, or stealing valuables.
- Sexual abuse: Any unwanted sexual contact, including harassment or assault.
- Emotional abuse: Intimidation, threats, isolation, or actions causing mental anguish.
- Abandonment: Leaving an older adult without needed care or support.
If you or someone you care about has experienced elder abuse, our lawyers are ready to help. Contact us today to discuss your situation and take the first steps toward protecting your loved one.
How Can You Prove Elder Abuse in Berkeley?
Proving elder abuse can be challenging, as health issues or cognitive decline may mask signs of mistreatment. A Berkeley elder abuse attorney can help identify warning signs and gather evidence to protect your loved one.
Here are some signs to watch for when identifying elder abuse:
- Unexplained injuries, such as bruises, burns, or cuts
- Behavioral changes, like withdrawal, fear, or depression
- Sudden financial changes, like unusual withdrawals or spending
- Suspicious changes to wills or other documents
- Signs of neglect, such as poor hygiene or malnutrition
- Unsafe living conditions or fear around caregivers
- Fleeing or running away
If you notice these signs, document injuries with photos, keep notes, and record concerning behavior or statements. Resistance to private visits can be a red flag. Proper documentation is key to holding abusers accountable.
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Identifying Those Responsible for Elder Abuse
Elder abuse often comes from those entrusted with an elder’s care or access. Common perpetrators include:
- Caregivers, such as nursing home staff or home health aides
- Family members, including children, grandchildren, or siblings
- Friends or neighbors with regular contact
- Financial advisors or those managing the elder’s assets
- Strangers who exploit older adults through scams or fraud
If you suspect a loved one is being mistreated, an elder abuse attorney in Berkeley can help protect their rights and hold abusers accountable. Our team is here to guide you through the process and help secure your loved one’s safety.
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What to Do if You Discover Elder Abuse
If you suspect elder abuse, taking immediate action is critical. Follow these steps to protect your loved one:
- Call 911 if the senior is in immediate danger or has been physically harmed. Elder abuse is a crime and requires urgent intervention.
- Report the abuse to local agencies, such as Adult Protective Services (APS), county ombudsman programs, or state health and social services departments. You can also call the Eldercare Locator at 1-800-677-1116 or visit their website.
- Provide key details when reporting, including the elder’s name, address, type of care they receive, the nature of the abuse, and the identity of the suspected abuser.
When gathering evidence:
- Take photos of physical injuries, living conditions, and any signs of neglect, such as bedsores or poor hygiene.
- Record unsanitary conditions, improper restraints, or other concerning factors in writing.
- Document all complaints made to facility supervisors, including dates, names, and responses, and keep copies of correspondence for future reference.
These steps can help protect your loved one and hold those responsible accountable for their actions.
Survivors generally have two years from the date of the abuse or injury to file a civil lawsuit under California Code of Civil Procedure § 335.1. Consulting with an attorney promptly ensures your case is filed within the required timeframe.
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Tips for Protecting Seniors in Care Facilities
Selecting care for an elderly loved one requires thoughtful consideration. Before choosing a nursing home or care facility, evaluate all options and prioritize your loved one’s specific needs.
- Visit the facility to observe how staff interact with residents.
- Research the facility’s history for any violations or complaints.
- Read reviews from other families to gain insight into their experiences.
Once your loved one is in a care setting, staying involved is key. Regular visits and frequent contact can help you monitor their well-being and quickly spot any signs of mistreatment.
If you suspect abuse or neglect, our elder abuse attorneys in Berkeley are here to support you. We can help you take action to protect your loved one and hold those responsible accountable for their actions.
Why Choose Arias Sanguinetti to Advocate for Your Family
Protecting a loved one from elder abuse is one of the most important steps you can take to safeguard their dignity and well-being. If you suspect abuse, a Berkeley elder abuse lawyer can help you understand your options and take legal action to hold those responsible accountable for their actions.
At Arias Sanguinetti, we have extensive experience advocating for survivors of elder abuse and their families. We are immensely proud of the results we have achieved on behalf of our previous clients, helping them seek justice and protect their loved ones from further harm.
If your loved one has experienced mistreatment, don’t hesitate to contact our team. We are here to provide guidance, stand by your side, and fight for the justice your family deserves. Contact us today to learn more about how we can help.
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