. "Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law." Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. Washington, DC: The National Academies Press, 2003.
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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America
treatment with resulting physical harm or pain or mental suffering; the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
“Abuse” under Cal. Pen. Code § 368 occurs when any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.
“Neglect” under § 15610.17 includes (1) negligent failure of any person having the care or custody of elder of a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise; (2) negligent failure of person themselves to exercise that degree of care that a reasonable person in a like position would exercise.
“Financial abuse” under § 15610.30 occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both; (2) assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both.
“Elder” under Cal. Pen. Code § 368 means any person residing in this state, 65 years of age or older.
“Dependent adult” under Cal. Pen. Code § 368 means any person residing in this state, between the ages of 18 and 64 years, who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age; includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
“Caretaker” under Cal. Pen. Code § 368 means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.