The statute of limitations for financial abuse of elders in California is generally four years after the plaintiff discovered, or should have discovered, the abuse. Keep in mind that financial crimes have a different statute of limitations in California. Once financial abuse has been discovered or should have been discovered, you have four years to file it in civil court. If you file before the statute of limitations expires, you may be able to collect damages if the other party is convicted.
Then, you can take the next step to report elder abuse to California Adult Protective Services (APS). Penal Code 368 PC includes all of the different definitions and punishments related to California elder abuse law. They provide education and help recognize situations where there are signs of elder abuse or neglect. When the case involves Medi-Cal or Medicare, the Medi-Cal Fraud Office of Elder Abuse Hotline %26 will be contacted.
It is important to speak with a California nursing home abuse lawyer in these types of cases to determine the time required to file a lawsuit. If you believe that your family member, friend, or neighbor is a victim of elder abuse or neglect, it is essential that you report it. Here's a brief overview of what to expect when you suspect financial abuse of seniors in California by someone you love or support. California elder abuse statute of limitations means that you only have two years to file such a lawsuit in civil court against a non-public entity or individual.
As the legal system learns more about how these protections for older Californians can be used against the wrong parties, you too can benefit from the help of an experienced senior financial abuse lawyer. Each county also has a California ombudsman who is responsible for helping people who experience elder abuse. Elder financial abuse or elder fraud can take different forms and can be committed by caregivers, family members, strangers, or anyone else known to the elder. Under California Welfare and Institutions Code Section 15657.7 for elder financial abuse lawsuits, the statute of limitations is four years.
Otherwise, you would be violating California's mandatory elder abuse reporting laws if you looked the other way or kept it to yourself. Your Los Angeles County elder abuse lawyer can discuss the possibilities of paying the statute of limitations in situations where the older person was incapacitated or if the injuries did not appear until after the abuse incident.