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The blog posts on ElderLitigant.com are not intended as legal advice and do not evidence or create any attorney-client relationship. Rather, these blog posts are exclusively for marketing and informational purposes and are intended as a legal newsletter. No representation is accepted by Benjy Law Corporation without the execution of a formal engagement agreement,.

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Churning: Financial Abuse of the Elderly in the Insurance Context

July 21, 2017

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What is Elder Abuse, Generally?

April 24, 2017


California law defines an "elder" as a person who is at least 65 years of age at the time of the wrongful conduct.  (See Welfare & Instit. Code section 15610.27.)  "The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33.)


According to the website of the California State Bar, elder abuse is: "neglect, exploitation or 'painful or harmful' mistreatment of anyone who is 65 or older .... It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver’s neglect. It could also involve the unlawful taking of a senior’s money or property.  In short, elder abuse involves various crimes, such as theft, assault or identity theft, that strike victims of all ages."  (See http://www.calbar.ca.gov/Public/Pamphlets/ElderAbuse.aspx .)


California statutory law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Instit. Code Section 15610.07.)


Among other things, elder abuse includes "Financial Elder Abuse," which is defined as the illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets. (See Welfare and Institutions Code section 15610.30.)


“Physical abuse” includes criminal conduct such as assault, battery, rape and incest. (See Welfare and Institutions Code section 15610.63.) It also includes unreasonable physical restraint, prolonged or continued deprivation of food or water, and the use of physical or chemical restraint or psychotropic medication for punishment, for a period beyond that for which the medication was ordered, or for any purpose not authorized by a doctor. (See Welfare and Institutions Code section 15610.63(c) and (f).)



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