Elder Abuse and Neglect Litigation

The Law: EADACPA or The Elder Abuse Act

The Law Offices of Jody C. Moore, APC actively pursue civil Elder abuse and Neglect cases in California. Elder Abuse and Neglect are terms defined by statutes, and include such things as malnutrition, dehydration, bedsores, falls, broken bones, physical neglect and physical abuse. Common signs of neglect could be weight loss, dehydration, bedsores, infections, incontinence, poor personal hygiene, withdrawal or other unexplained lack of communication. Physical abuse may include a physical attack or signs of bruising or broken bones.

In California, the lawmakers decided to protect seniors over the age of 65 from acts of abuse & neglect. Special protections were put in place to encourage private lawyers, like Ms. Moore to fight back on behalf of the vulnerable, elderly population. This law is known as the Elder Abuse and Dependent Adult Civil Protection Act, or EADACPA. It can be found in Welfare & Institutions Code § 15600 et seq.

According to this law, the legislature recognized that abuse and neglect of our elders was occurring; that the elders were vulnerable and in need of special protection; and that criminal arrests and civil lawsuits were rare due to problems of proof, court delays and lack of financial incentives to prosecute claims. Recognizing these problems, the legislature declared it was the goal of this legislation “to enable interested persons to engage attorneys to take up the cause of abuse elderly persons and dependent adults.”

At the Law Offices of Jody C. Moore, APC, we have taken up the cause. The primary focus of this firm is the prosecution of lawsuits under the Elder Abuse Act. Each family has a story to tell. We listen. If the facts you describe fall within the protections of this set of laws, we can give you a voice and tell your story.

Who does the Elder Abuse Act protect?

Who is protected and what constitutes elder or dependent adult abuse is specifically defined by the statute. An “elder” is anyone over age 65. A "dependent adult" is any person between the age of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.