Definition of Elder Isolation Under California Elder Abuse Law
Isolation constitutes a form of elder abuse prohibited under California Welfare and Institutions Code section 15600. Elder Isolation any of the following:
(1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.
(3) False imprisonment, as defined in Section 236 of the Penal Code.
(4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.
The law provides two defenses for care givers:
(1) Actions that would normally constitute isolation are not considered isolation if they were performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in California, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care.
(2) Actions that would normally constitute isolation are not considered isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safety.
Contact An Elder Isolation, Abuse & Neglect Attorney At The Dolan Law Firm
California law protects elders, dependent adults, and developmentally disabled persons from many types of abuse and neglect, including isloation. The law provides provides for the recovery of damages for pain and suffering, economic damages, and punitive damages when there has been recklessness, fraud and/or patient abduction.
Take action and contact us without delay. The Dolan Law Firm is one the leading injury and elder abuse law firms in California. We represent seniors and families who loved ones were victimized by financial elder abuse. We represent clients from San Francisco, Oakland, Marin, the entireBay Area and across California. Please click here to contact us or call us toll free at 1-888-452-4752.
