THE S TAT E BAR OF CAL I FORN IA

WHATSHOULD IKNOWABOUTELDERABUSE?

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L E G A L

F A C T S

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What should I know

elder abuse?about

© 2006, 2007, 2009, 2010 The State Bar of California. No part of thiswork may be reproduced, stored in a retrieval system, or transmittedin any medium, without prior written permission.

1 What is elder abuse?

2 What should I do if I am being abused or Isuspect that someone else is being abused?

3 What are some examples of elder abuse?

4 Am I required to report suspected elder abuse?

5 Is there anyone who will check on my elderlyfather’s well-being for me?

6 Is domestic violence the same as elder abuse?

7 What can I do to protect myself from anabusive caregiver or spouse?

8 How can I be sure that my mother’s caregiverwill provide proper and adequate in-home care?

9 As a senior, am I more likely to be targeted ina consumer scam?

10 Should I be cautious in how I select financial orestate planning services?

11 How can I avoid being solicited bytelemarketers?

12 What can I do if someone steals my creditcard and runs up the bill?

13 Why should I keep my Social Securitynumber confidential?

14 What is identity theft and what should I do ifI become a victim?

15 Where can I find out more about elder abuse?

16 How do I find an attorney to represent me?

The State Bar of California’s Senior Lawyers Committee and theTrusts and Estates Section of the State Bar both assisted in thedevelopment of this pamphlet.

Introduction

A wheelchair-bound woman suffers in silenceat the hands of an abusive caregiver. A lone wid-ower falls victim to a predatory lending scamand loses his home. An ailing mother lies help-less in her bedroom while her son spends her lifesavings.

As many as one in seven senior citizensnationwide falls victim to some type of elderabuse —usually at the hands of a family member.The abuse can be financial, physical or psycho-logical. And the consequences can be deadly. Butin spite of such devastating consequences, mostelder abuse goes unreported.

If you have been abused, you may be afraidof what might happen if you tell someone. Ormaybe you suspect that an elderly neighbor orfriend is being abused, but you do not knowwhere to turn for assistance. Help is just a phonecall away. No one has the right to hurt you—oryour neighbor or friend—physically, emotionallyor financially.

The aim of this pamphlet is to provide youwith a basic overview of elder abuse: what it is,how the law addresses it, what can be done to helpyou avoid it and where you—the victim or victim’sadvocate—can find assistance.

What is elder abuse?

It is the neglect, exploitation or “painful orharmful” mistreatment of anyone who is 65 orolder (or anyone aged 18 to 64 who falls underthe legal definition of a “dependent” adult). It caninvolve physical violence, psychological abuse,isolation, abandonment, abduction, false impris-onment or a caregiver’s neglect. It could alsoinvolve the unlawful taking of a senior’s moneyor property.

In short, elder abuse involves various crimes,such as theft, assault or identity theft, that strikevictims of all ages. But when the victim is 65 yearsold or older (or a dependent adult), the criminalcould face stiffer penalties.

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What should I do if I am beingabused or I suspect that someoneelse is being abused?

If the abuse, neglect or exploitation is takingplace in a private home, call the Adult ProtectiveServices (APS). Check your county phone listingsfor a local APS office. Or, for a referral, you couldcall 1-800-510-2020. (In addition, many countieshave specialized teams that deal with financialelder abuse; ask the APS worker if such a teamexists in your area.)

If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call thelocal long-term care ombudsman. (To locate anombudsman, call 1-800-231-4024.) Your report willbe confidential, and you can remain anonymous.

You could also call the California AttorneyGeneral’s Bureau of Medi-Cal Fraud and ElderAbuse complaint hotline at 1-800-722-0432, andthe local police department and county districtattorney’s office.

For further information and guidance, requesta free publication entitled A Citizen’s Guide toPreventing & Reporting Elder Abuse by writingto: The Office of the Attorney General, 1425 RiverPark Drive, Suite 300, Sacramento, CA 95815.The guide is also available at ag.ca.gov (click onPublications and Elder Abuse).

What are some examples ofelder abuse?

• Your caregiver or a “new friend” persuadesyou to sign a power of attorney so she can handleyour affairs for you—only to sell your home andsteal the cash.

• Neglected and hungry, you lie stranded inyour bedroom while your adult son empties yourbank accounts.

• A home repairman persuades you to paycash on the spot for a “great” home improvementdeal—then never does any work.

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• You forget to take your medication and anursing home staff member slaps you in the face.

• You pay “fees” to claim a “free vacation” orwinnings from an international lottery—only todeplete your savings and get nothing in return.

Am I required to report suspectedelder abuse?

Yes, if you are responsible, with or without pay,for taking care of an elder or dependent adult.Others, too, must report suspected elder abuse:administrators, supervisors and licensed staff offacilities providing care and services to the elderly;APS employees; health practitioners (such as physi-cians); police officers; clergy members; and elder ordependent adult care custodians. Care custodiansinclude, for example, home health agency adminis-trators and staff, and fire department members. If amandated reporter fails to report known or suspect-ed abuse, he or she could face criminal charges.

In addition, all officers and employees offinancial institutions must report known orsuspected financial elder abuse as well—or riskfacing civil penalties.

Is there anyone who will check onmy elderly father’s well-being for me?

Yes. If you are worried about a parent or otherelderly person who lives in a different community,contact the police or sheriff’s department in his orher area and request a well-being or welfare check.

Is domestic violence the same aselder abuse?

No. And different laws apply to each as well.Unlike elder abuse, the law defines domestic violenceas certain kinds of abuse directed toward a spouseor former spouse, domestic partner or formerdomestic partner, cohabitant, or person of any agewith whom the abuser has had a “dating orengagement relationship,” has had a child, or isrelated by blood or marriage. Such violence is

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behavior driven by the need to control. It can rangefrom threats to unwanted sexual touching and hit-ting. It cuts across all cultures, ethnic backgrounds,education levels and income brackets. If the victimof domestic violence is 65 or older, the matter maybe treated as a case of elder abuse.

What can I do to protect myselffrom an abusive caregiver or spouse?

If you are in immediate danger, call 911. Whenthe police arrive, explain what happened. In bothelder abuse and domestic violence cases, the officerscan contact an on-call judicial officer and issue animmediate Emergency Protective Order (EPO). Thislegally prohibits the abuser from coming near youor contacting you. The EPO will remain in effect forfive court days or seven calendar days. Then, toextend the order, you can seek a TemporaryRestraining Order (TRO). Just fill out the forms atyour local courthouse. The TRO will go into effect assoon as it has been signed by a judge and deliveredto the abuser. And it can be made “permanent,”which means that it will be good for up to five yearsand can be renewed.

In addition, in cases of elder abuse, the seniorcitizen need not have suffered physical abuse toobtain a restraining order. An elder abuserestraining order can prohibit the mental or finan-cial abuse of a senior as well.

Keep in mind, however, that restraining ordersdo not eliminate the risk of future violence or othertypes of abuse. A restraining order may help pro-tect you, but you should remain on guard.

As an added protection, state law allows domes-tic violence victims to keep their addresses confiden-tial through the state’s Safe at Home program. Thismeans that your home address need not appear oncourt papers or other official documents. For infor-mation, call 1-877-322-5227 (or visit the program’swebsite at sos.ca.gov/safeathome).

To locate a local shelter or counseling, callthe National Domestic Violence 24-hour hotline at1-800-799-7233 (for TTY, call 1-800-787-3224).Another resource is the State Bar’s free pamphletCan the Law Help Protect Me from DomesticViolence? (See #16 for information on ordering it.)

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How can I be sure that mymother’s caregiver will provideproper and adequate in-home care?

You cannot be sure, especially if the caregiveris simply providing personal assistance with suchdaily rituals as dressing or preparing meals. Youcan hire this type of caregiver through a home careagency or home care referral company. Or you couldhire someone on your own and pay the payrolltaxes and worker’s compensation insurance. But ineither case, be extremely cautious, seek referralsand ask a lot of questions. Such caregivers are notregulated by anyone.

Caregivers who provide medical care, however,must be licensed or certified. You can hire such care-givers through a licensed home health care agency.Home health care agencies, certified nurse assistants,registered nurses, nurse practitioners and vocationalnurses must be licensed or certified by the state.

To locate caregiver resources in your area, callthe Eldercare Locator at 1-800-677-1116 or go towww.eldercare.gov.

As a senior, am I more likely tobe targeted in a consumer scam?

Yes. Americans lose billions of dollars each yearin telemarketing fraud and mail scams alone, forexample. And seniors are often the victims. Youcould be approached through the mail, by tele-phone, via e-mail or at your front door. Know yourrights and how you might be vulnerable. As the oldadage goes: If it seems too good to be true, it proba-bly is. A few common scams include:

• Charitable Donation Cons:Watch out forfake charities. Anyone soliciting funds for charitablepurposes must register with the state AttorneyGeneral’s Office. To find out if a charity is regis-tered, call 916-445-2021 or visit the website atag.ca.gov/charities. You could also check with theBetter Business Bureau (bbb.org).

• Credit Card Insurance and Credit Repairscams: Be wary of salespeople who want to sell you

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unnecessary insurance to pay for any unauthorizedcharges made to your credit cards. Other fraudulentsalespeople offer illegal “credit repair” schemes.Such schemes cannot clear up negative credit orprovide a new credit report.

• Door-to-Door or In-Person Solicitation:Askto see a business permit. Most cities require one.Resist pressure to buy anything on the spot. If youdo make a purchase, remember that you usuallyhave three business days to legally cancel such acontract if it was made in your home or in a tempo-rary business place (such as a hotel room or conven-tion center). Contact your local Better BusinessBureau to check out the business. To report a fraud,call your local police or district attorney’s office.

• Financial Advisors and Investment Scams:Beware of investment seminars touting get-rich-quick schemes. Ask the salesperson for his or hercredentials, and investigate before you invest. Callthe state Department of Corporations’ toll free at1-866-ASK-CORP (275-2677) to find out more aboutthe company and salesperson. And for tips on pro-tecting yourself, check out the department’s “SeniorsAgainst Investment Fraud” (SAIF) program. Or visitthe program’s website atwww.corp.ca.gov (click onSeniors Against Investment Fraud).

• Funeral and Cemetery Fraud: Watchout for high-priced sales pitches. The ConsumerGuide to Funeral and Cemetery Purchases—available at no cost from the Department ofConsumer Affairs’ Cemetery and Funeral Bureau(cfb.ca.gov)—details your requirements,pre-needs arrangements and what to look forin a contract. You can also call the Cemeteryand Funeral Bureau at 916-574-7870 to verifya funeral establishment’s license or file a com-plaint. And check with your local Better BusinessBureau as well.

• Home Repair: It sounds like a good deal.You pay cash for a roof repair, but then therepairman does a shoddy job—or nothing at all.Before hiring any contractor, get more than oneestimate, check references and put everything in

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writing. Be aware that your home cannot be usedas collateral in any home improvement contractif you are 65 or older. And never pay more thanthe legal maximum (usually 10 percent of therepair price or $1,000, whichever is less) before thework is done. To check the contractor’s license, goto the Contractors State License Board’s website atwww.cslb.ca.gov or call 1-800-321-2752. And, foradditional tips, request a copy of the board’s publi-cationWhat You Should Know Before You Hire aContractor (also available online).

•Medicare Fraud: Never give yourMedicare/Medi-Cal number to a stranger. Andalways check your Medicare statement to verifythat you actually received the services or medicalequipment charged to Medicare/Medi-Cal. If yoususpect Medicare provider fraud, call Medicare at1-800-633-4227. To report suspected Medicare pre-scription drug fraud, call 1-877-772-3379. And toreport suspected Medi-Cal provider fraud, call theBureau of Medi-Cal Fraud and Elder Abuse in thestate Attorney General’s Office at 1-800-722-0432.

• Living Trust Mills: Beware of “trust mill”marketing schemes in which salespeople poseas experts in estate planning to gain your trustand confidence. These unqualified “experts” maybe salespersons seeking your personal financialinformation with the ulterior motive of selling youboth a living trust and an annuity, which may notbe appropriate for you. (Such insurance-basedproducts can have hidden costs and may tie up asenior’s funds for a decade or even longer.) Suchtactics may violate insurance laws and laws pro-hibiting the unauthorized practice of law as well.Also, it is now illegal for insurance brokers andagents to tout any senior-related certification, cre-dential or professional designation that does notmeet certain criteria and have the CaliforniaInsurance Commissioner’s approval. To report asuspected scam, call your district attorney’s officeand the state Department of Insurance consumerhotline at 1-800-927-4357.

• Telemarketing/Mail/Internet Fraud: It canbe difficult to distinguish legitimate telemarketers

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and e-mail solicitations from those that are not.Never provide personal information or sendmoney to solicitors who contact you first. Turnsuch solicitors away immediately or at least insiston checking them out first and calling them back.Also, steer clear of any caller or mailer announc-ing that you have won a sweepstakes or foreignlottery and simply need to pay a “fee” or “tax” tocollect your winnings. (The cross-border sale or pur-chase of lottery tickets is illegal—and so is anyadvance charge for collecting the prize.) Formore information or to file a complaint, call thestate Attorney General’s Office at 1-800-952-5225.To file a complaint alleging Internet fraud, visit theonline Internet Crime Complaint Center at ic3.gov.

• Real Estate Predatory Lending Scams: Seniorhomeowners are the primary targets in many ofthese scams. Seniors may be lured into home equityloans that they cannot possibly repay. The interestrate and fees may be much higher than those of astandard loan—and may even be illegal. Or, the loanmay require a large “balloon” payment at somepoint. In addition, the lender may offer misleadinginformation (seeking to take advantage of a seniorwho may be facing a cash crunch). Obtaining ahome equity loan may have advantages for you.Before you sign anything, however, check out thelender and make sure you fully understand theloan’s terms. And if you do get behind in your mort-gage payments at some point, take action immedi-ately. Do not, however, fall victim to a loan modifica-tion scam. Be wary of solicitors who offer to renegoti-ate your loan for you. Call HUD at 1-800-569-4287for a referral to a free counselor, or call theHomeowner’s Hope hotline at 1-888-995-HOPE.

Should I be cautious in how Iselect financial or estate planningservices?

Yes. Some self-proclaimed “trust specialists” andfinancial planning “experts” have no advancedtraining or qualifications in estate planning. Andthese so-called experts may have ulterior motives.For example, they might be seeking to gain access toyour personal financial information to sell you

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insurance-based products, such as annuities, whichmay not be appropriate for you (see Living Trust Millson page 7). Recent changes in the law also prohibitbroker-dealers and investment advisors (and theiragents and representatives) from using any “seniorspecific” certification, credential or professional desig-nation that could be misleading. Before considering aliving trust or any other estate or financial planningdocument or service:

• Consult with a lawyer or other financial advi-sor who is knowledgeable in estate planning. Checkout the advisor’s credentials and qualifications. Also,keep in mind that legal document assistants cannotgive legal advice and paralegals must work underthe direct supervision of a lawyer.

•Ask for time to consider and reflect on yourdecision. Do not allow yourself to be pressured intopurchasing an estate or financial planning product.

• Know your cancellation rights. If you buy anannuity, for example, you have 30 days to cancel it.

• Be wary of home solicitors who ask you forconfidential and detailed information about yourassets and finances.

• Find out if complaints have been filed againstthe company by calling local and state consumer pro-tection offices or the Better Business Bureau.

How can I avoid being solicited bytelemarketers?

You can register your telephone numbers withthe National Do-Not-Call Registry, which is managedby the Federal Trade Commission (FTC). To registera phone number, simply call 1-888-382-1222 or go tothe website (donotcall.gov).

You can also “opt out” of the credit agencies’pre-approved credit offer mailing lists. Simply call1-888-5-OPTOUT (1-888-567-8688) or opt out online atoptoutprescreen.com. And you can ask those withwhom you do business to remove your name fromtheir marketing lists.

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What can I do if someone stealsmy credit card and runs up the bill?

Notify the credit card company immediately.If someone runs up your credit card or uses yourdebit card without authorization, you usually areonly liable for up to $50 if you contact the compa-ny promptly. It is also important to file a policereport to document the loss and your response.And you should contact the following credit-reporting bureaus to report the missing creditcard, place a fraud alert on your account andrequest copies of your credit report:

• Experian:1-888-397-3742 (alerts/reports)• Trans Union:1-800-680-7289 (alerts)1-800-916-8800 (reports)• Equifax:1-800-525-6285 (alerts)1-800-685-1111 (reports)

Why should I keep my SocialSecurity number confidential?

With your Social Security number andcertain other personal information, an imposter canopen credit cards in your name, take out loans andgain access to your money. And you could wind upwith ruined credit, financial losses and even, insome cases, a criminal record for crimes that you didnot commit. So you should safeguard your personalinformation, particularly your Social Security num-ber, whenever possible.

Maintaining confidentiality can be difficult,however, because so many agencies and financialinstitutions use Social Security numbers to verifypersonal identity. In recent years, changes in thelaw have added new protections. For example,neither individuals nor business organizations(with the exception of some government agen-cies) can publicly display your Social Securitynumber. Nor can your number be printed on anycard required to access products or services. Inaddition, your health care provider can no longer

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print your number on your identification card.And you cannot be required to transmit yournumber over the Internet unless the connection is“secure” or “encrypted.”

As an added precaution, avoid carrying yourSocial Security card in your wallet or purse andnever give out your Social Security numberunless the requesting company or agency can, bylaw, require it. For more information, call theDepartment of Consumer Affairs’ Office of PrivacyProtection at 1-866-785-9663 or visit the office’swebsite at privacy.ca.gov.

What is identity theft and whatshould I do if I become a victim?

Identity theft is the unauthorized use of some-one’s personal data (a driver’s license or SocialSecurity number, for example) for any unlawfulpurpose, such as to obtain credit cards, loans,automobiles, products or services. Surveys sug-gest that more than 8 million Americans fall vic-tim to identity theft each year—a crime that costsbusinesses, financial institutions and consumersbillions of dollars.

To keep tabs on your credit, you can requestone free credit report annually from each of thethree major credit bureaus (the bureaus listedunder #12). To order your free annual reports, call1-877-322-8228 or visit the program’s website at:annualcreditreport.com.

If you fall victim to an identity thief, youwill need to take certain steps to alert theauthorities, stop the crime, protect your creditrating and ensure that the thief’s actions do notdamage your financial status in the future.For example, you should call the major credit-reporting agencies and put a fraud alert onyour account, file a police report, register a com-plaint with the FTC, and send out an ID TheftAffidavit to any business in which a fraudulentaccount was opened.

For more detailed information, visit the websitesrun by the FTC (ftc.gov), the Privacy RightsClearinghouse (privacyrights.org), California’sOffice of Privacy Protection (privacy.ca.gov), the

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Identity Theft Resource Center (idtheftcenter.org)and the California Attorney General’s Office(ag.ca.gov/idtheft).

Where can I find out more aboutelder abuse?

Visit the websites of the National Center onElder Abuse (www.ncea.aoa.gov), the NationalCommittee for the Prevention of Elder Abuse(preventelderabuse.org) and California Advocatesfor Nursing Home Reform (canhr.org).

How do I find an attorney torepresent me?

Under the federal Older Americans Act, everycounty has free legal services for seniors who are 60years old or older. The programs differ, however,and their criteria for accepting cases vary as well.

Also, if you are at least 60, you may be able toget free legal advice by calling the Senior LegalHotline at 1-800-222-1753 (in the Sacramento area,call 916-551-2140) or by visiting the hotline’s websiteat seniorlegalhotline.org. (Note: In 2010, serviceswere limited due to funding cuts.)

If neither the county’s legal services programnor the hotline can assist you, ask a friend,co-worker or business associate to recommenda lawyer. Or call a State Bar-certified lawyerreferral service. For an online list of certifiedreferral services, visit the State Bar’s website atcalbar.ca.gov/lrs. For a recorded message with thephone numbers of certified services in your county,call 1-866-44-CA-LAW (1-866-442-2529). If you areout of state, you can call 415-538-2250 to hear thesame recorded message.

State Bar-certified lawyer referral services,which must meet minimum standards establishedby the California Supreme Court, can assist you infinding the right lawyer for your particular prob-lem. Most of these services offer half-hour consulta-tions for a modest fee.

Attorneys who are members of certifiedlawyer referral services must carry insurance,agree to fee arbitration for fee disputes,

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meet standards of experience and be State Barmembers in good standing.

Lawyer referral service fees do vary. Don’tforget to ask whether there is a fee for the refer-ral or consultation. And if you decide to hire alawyer, make sure you understand what you willbe paying for, how much it will cost and when youwill be expected to pay your bill. You may want totalk to several attorneys before you hire one.

Also, if you receive Supplemental SecurityIncome (SSI) or certain other government benefits,you could qualify to have your court fees andcosts waived—even if you are represented by aprivate attorney.

For more information on finding an attorney, seethe State Bar pamphlet How Can I Find and Hire theRight Lawyer? To order a free copy of this pamphletor for a list of other available consumer pamphlets,send an e-mail to pamphlets@calbar.ca.gov. Forinformation on ordering the bar’s consumer publica-tions by mail, call 1-888-875-LAWS (5297).

The State Bar also produces Seniors and theLaw—a guide that touches on a variety of seniorissues, including elder abuse. To order this guidefree of charge, simply e-mail your request toseniors@calbar.ca.gov. Or visit the State Bar’s Website—calbar.ca.gov—where you’ll find the bar’svarious consumer pamphlets and guides, as well asinformation on ordering them.

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The purpose of this pamphlet is toprovide general information on thelaw, which is subject to change. It isnot legal advice. Consult a lawyer ifyou have a specific legal problem.

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