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The purpose of this guide is to introduce the reader to the relevant California law on elder abuse, and provide useful resources for further study.
Welfare and Institutions Code §15610.27 defines elder as anyone residing in the State of California who is 65 years of age or older.
Welfare and Institutions Code Section §15610.23 defines dependent adult as anyone between the ages of 18 and 64 years of age who resides in California, and has physical or mental limitations that restrict his or her ability to carry out normal activities 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.
Elder abuse is said to have occurred when an elderly person or a dependent adult is mistreated either physically or mentally, is neglected, or is exploited financially.
Physical abuse can be perpetrated by a spouse, an adult child, or caregivers/care custodians in nursing facilities and elder living facilities. Physical abuse can take several forms, including physical injuries, sexual abuse, neglect, abandonment, abduction, failure to provide 
necessities, and isolation. See EADACPA (Elder Abuse and Dependent Adult Civil Protection Act).
Financial abuse can happen in a number of ways, including exploitation of the elder/dependent by an agent under a durable power of attorney, a conservator, a trustee, or by anyone who is in a fiduciary relationship with the elder/dependent person. Financial abuse may involve the taking or hiding of money, real property, or other assets. These cases may be pursued either criminally, civilly, or both depending on the circumstances. Relevant California law can be found in the EADACPA, the Probate Code (starting with §4500), the Senior Insurance Act (Insurance Code §785 and following, and Civil Code §3345)
As the population of elderly people residing in California has grown, so has the need for protection of this vulnerable population.
In 1991, EADACPA (Elder Abuse and Dependent Adult Civil Protections Act) and the California Welfare and Institutions Code §§15600-15675 was enacted "to enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults."
A variety of remedies are available civilly and criminally, and they are very specific and fact driven by the individual situation.
Compensatory damages are potentially available under Civil Code §3333.
General damages are described in Welfare and Institutions Code §15657(b).
Enhanced damages, including punitive damages and attorney fee awards in certain circumstances, are described in the EADACPA.
Criminal remedies, including restraining orders or protective orders, are potentially available. Contact the local District Attorney, or the San Diego Superior Court restraining order clinics for civil or domestic orders.
The Legal Aid Society of San Diego runs Civil Harassment/Elder Abuse Restraining Order Clinics throughout the county.
East County
Downtown
South County
LASSD also runs a Domestic Violence Restraining Order Clinic in at the South County Regional Center in Chula Vista.
The San Diego Volunteer Lawyer Program offers FREE legal assistance to low-income individuals with restraining order hearings.
Call 619-235-5656, Ext. 118 to apply for services.
The Restraining Order Clinics provides assistance with domestic violence, elder abuse, and civil harassment.
Downtown
East County
North County
Advanced Healthcare Directives (AHCD) and a Durable Power of Attorney (DPOA) are legal devices to assist in handling incapacity. They are beyond the scope of this Guide. Ask the reference staff to direct you to resources in the Library which describe these tools.