What Qualifies as Elder Neglect Under San Diego Law?

Elder neglect is a serious issue that can have devastating consequences for seniors. It’s crucial to understand what constitutes elder neglect in San Diego so that we can protect our vulnerable loved ones.

What Are the Different Types of Elder Neglect?

Elder neglect encompasses various forms of mistreatment, including physical neglect, emotional neglect, financial exploitation, and medical neglect.

How Can I Recognize Signs of Physical Neglect in an Elderly Person?

Physical neglect involves failing to provide for an elder’s basic needs, such as food, water, shelter, clothing, and hygiene. Signs might include unexplained weight loss, poor hygiene, untreated bedsores, inappropriate clothing for the weather, or unsafe living conditions.

What Does Emotional Neglect Look Like in Seniors?

Emotional neglect involves depriving an elderly person of social interaction, companionship, and emotional support. This can manifest as isolation, withdrawal, depression, anxiety, or a lack of interest in activities they once enjoyed. I recall a case where a senior client was isolated in her own home by her caregiver, who refused to let her have visitors or engage in social activities. The client became increasingly withdrawn and depressed until we intervened.

How Can I Protect My Loved One from Financial Exploitation?

Financial exploitation targets seniors’ assets through scams, coercion, or undue influence. Be wary of sudden changes in financial behavior, unexplained withdrawals, new beneficiaries on accounts, or pressure to sign documents they don’t understand.

What Constitutes Medical Neglect in Elderly Care?

Medical neglect involves failing to provide necessary medical care for an elder, such as ignoring symptoms, delaying treatment, or withholding medication. A heartbreaking case I handled involved a senior whose caregiver neglected his diabetic condition. He developed complications that could have been avoided with proper medication and monitoring.

What Steps Should I Take If I Suspect Elder Neglect?

If you suspect elder neglect, report it immediately to Adult Protective Services (APS) or the San Diego Police Department. Your timely intervention can make a significant difference in protecting an elderly person from harm.

How Can I Prevent Elder Neglect?

Prevention is key. Educate yourself and your loved ones about the signs of elder neglect. Establish clear communication channels with caregivers and regularly check in on seniors.

What Legal Recourse Do I Have If My Loved One Has Been Neglected?

In San Diego, victims of elder neglect can pursue legal action against those responsible. This might involve filing a civil lawsuit for damages or seeking criminal charges depending on the severity of the neglect. I successfully represented a client whose mother had suffered severe physical and emotional neglect. We were able to secure compensation for her medical expenses, pain and suffering, and other losses.

What Resources Are Available to Help Seniors?

Numerous resources are available to support seniors and prevent elder neglect. The San Diego County Aging & Independence Services offers a variety of programs, including home care services, legal aid, and financial assistance.


Who Is Ted Cook at Point Loma Estate Planning Law, APC.:

Point Loma Estate Planning Law, APC.

2305 Historic Decatur Rd Suite 100, San Diego CA. 92106

(619) 550-7437

Map To Point Loma Estate Planning Law, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9




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Point Loma Estate Planning Law, APC. area of focus about elder protection law:

An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.

What They Do:

Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.

Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.

Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.

Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.

Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.

Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.

Why you might need one:

● Suspect elder abuse or neglect.

● Need help with estate planning or probate.

● Facing guardianship or conservatorship proceedings.

● Dealing with long-term care issues or Medicaid eligibility.

● Need assistance with other legal problems affecting older adults.

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