As people age, they may encounter physical and mental issues, making them more vulnerable to LGBTQ+ elder abuse. Being not as sharp as they once were and frailer, it may be more difficult for older people to protect themselves, allowing some individuals to take advantage of them wrongfully.
LGBTQ+ elders may not have the same support that heterosexual elders may have. The lack of support is because they may be estranged from their families, not have a partner, or have no children who can look after them. It is also possible that someone may wrongfully take advantage of them because of their sexual orientation.
What is LGBTQ+ Elder Abuse
According to the CDC, elder abuse is an intentional act or a failure to act which causes harm or creates the threat of harm to an elder. It generally is inflicted by a caregiver or someone the elder trusts.
Types of LGBTQ+ Elder Abuse:
- Financial abuse
- Abandonment
- Neglect
- Medical neglect
- Physical abuse
- Emotional and psychological abuse
Examples of Elder Abuse may Include the Following:
- A caretaker is refusing or forgetting to feed an elder who cannot feed themself.
- Someone is Verbally humiliating an elder for their ailments.
- Isolating an elder from their family and friends or activities
- Intimidating an elder through threats
- A caretaker is ignoring an elderly person who cannot fully take care of themself.
Can Victims of Elder Abuse File Civil Lawsuits?
According to California Welfare and Institutions Code 15600, the state has the responsibility to protect elders and dependent adults. Elders or their legal representatives are allowed to sue if the elder has undergone abuse, neglect, or abandonment.
If the suit is successful, one may receive compensation and punitive damages. To be successful and receive these damages, they need to prove that the accused owed the elderly or dependent adult care and that they did not fail to provide the care or cause harm.
Punishments for Committing LGBTQ+ Elder Abuse
Depending upon the type of abuse an individual subjects an elder too, they could be liable for criminal charges. These charges can range from a misdemeanor to a felony with varying fines and imprisonment sentences.
Misdemeanor
As per California Penal Code 368, committing an act of elder abuse is a misdemeanor if:
- The accused willfully causes or allows an elderly person to undergo unjustifiable physical pain or mental suffering.
- The accused’s conduct endangered or could have endangered the life and health of an elder.
- The accused was aware that the victim was 65-years-old or older.
If the judge and jury find that the accused committed a misdemeanor act of elder abuse, their punishment may include:
- A fine of up to $6,000
- Imprisonment in a county jail not exceeding one year
Felony
As per California Penal Code 368, committing an act of elder abuse is a felony if:
- The accused willfully or with criminal negligence caused an elderly person to undergo unjustifiable physical pain or mental suffering.
- The accused’s conduct was likely to or did produce significant bodily injury
- The accused was aware that the victim was 65-years-old or older.
If the judge and jury find that the accused committed a felony act of elder abuse, their punishment may include:
- A fine of up to $10,000
- Imprisonment in state prison for up to four years
- Restitution
How can One Protect Themself from Elder Abuse?
- Be aware of what elder abuse may look like
- As outlined above, elder abuse may take several different forms. It is essential to be aware of elder abuse to ensure that it does not happen.
- Have someone you can confide in.
- If possible, find someone you can confide in and who you trust. This confidant may be able to help you if you are in trouble or help you find resources.
- If you need a caretaker, find someone you trust.
- It is essential to have a caretaker you trust because they may have a lot of responsibility for you. If you refrain from recounting specific details to your caretaker, that may be a sign you need a different caretaker.
- Collect evidence if you believe you are a victim of elder abuse.
- Cases of elder abuse may be difficult to prove, so if you or a loved one are a victim of elder abuse, it is essential to collect evidence just in case you decide to file a suit.
- File an Elder Abuse Suit
- A lawsuit may be the best way to get out of elder abuse. Courts can issue restraining orders, but the defendant is in jail or prison, and order them to pay a fine.
Contact Pride Legal
If you or a loved one has been a victim of elder abuse, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
