Every state
Elder abuse and neglect attorneys near you
Neglect, injuries or financial exploitation of an older or dependent adult.
Deadline, in general
Commonly two to three years for physical abuse and neglect; financial abuse claims often carry longer.
Every state has an elder abuse statute covering physical abuse, neglect, abandonment, isolation and financial exploitation of older adults and of dependent adults. The age threshold is usually sixty or sixty-five. Where the conduct is proved to the standard the statute sets, many states allow recovery beyond an ordinary negligence claim, including attorney fees.
Reporting and suing are different things and can happen at once. Suspected abuse should be reported to Adult Protective Services or, in a facility, to the Long-Term Care Ombudsman and licensing. Care workers are mandated reporters, which means reporting is an obligation, not a choice.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —Pressure sores, unexplained bruising, repeated falls, sudden weight loss.
- —A facility that cannot explain an injury or produce the chart.
- —Money moving, a new name on an account, or a will changed late in life.
- —A carer or relative isolating the person from everyone else.
- —Understaffing that leaves residents unattended for long periods.
What an attorney generally does here
- —Obtain the facility chart, staffing records and inspection history.
- —Work out whether the conduct meets the Act’s standard rather than ordinary negligence.
- —Trace transfers and undue influence in a financial abuse case.
- —Coordinate with the reports made to APS, the Ombudsman and licensing.
- —Bring the claim within the applicable period, which differs by type of abuse.
The deadline
Commonly two to three years for physical abuse and neglect; financial abuse claims often carry longer. Set by Your state’s elder abuse statute and its limitation periods.
A county-run or public facility can bring a government claim requirement, measured in months, into play. Where the abuse is ongoing the analysis of when the clock started is different again.
Worth gathering first
- —Photographs of injuries or conditions, dated.
- —The care plan, chart or facility records you can obtain.
- —Bank statements or documents in a financial abuse case.
- —Names of staff, other residents and visiting family who saw it.
- —Copies of any report already made to APS or the Ombudsman.
If you work in care
Care workers see this first and are legally required to report it. Doing so is protected activity, and being punished for making a report is itself actionable. Reporting and being retaliated against are two separate matters, and both can be raised.
Common questions
How do I report suspected elder abuse?
Adult Protective Services handles reports in the community, and the Long-Term Care Ombudsman together with the licensing agency handles facilities. Emergencies go to 911. Care workers are mandated reporters.
Can I report and also bring a claim?
Yes. A report is an official process; a civil claim is separate. Neither prevents the other, and the report often produces records a claim later relies on.
What counts as financial elder abuse?
Taking or retaining an older adult’s property for a wrongful use, or by undue influence. It commonly appears as transfers, added account holders, or documents signed late in life.
Can I be punished for reporting my employer?
Retaliation against a mandated reporter for making a report is prohibited, and it can be raised as its own claim.
Related
Related reading
From our archive, on the situations that lead here.
Getting Out of a Nursing Home: California Community Transitions and the Right to Live in the Community
California Community Transitions, the state's Money Follows the Person programme, pays for the one-off costs of moving a Medi-Cal recipient out of a nursing facility and back into a home, and connects them to ongoing services once they are there. It is not well advertised, the referral usually has to come from outside the facility, and the single hardest part is not the funding but finding someone to provide the daily care.
Adult Protective Services: What It Does, and What Caregivers Are Required to Report
California law requires care custodians to report suspected abuse or neglect of an elder or dependent adult, by phone as soon as practicably possible and in writing within two working days. Most caregivers have never been told this clearly, and the consequences of not reporting fall on them personally.
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.