Elder Abuse - The Elder Abuse Act

In California, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) one of the most powerful tools available for combating violence against elderly people, both financially and physically.

An "elderly" is defined as a person 65 years of age or older. A "full age" is old as a rule persons aged 18 to 64 years, and not to carry out activities of daily living due to mental impairment.

A little history: EADACPA was adopted, in large part to encourage lawyersare elderly and frail to survive the customers might not last long enough for their case heard by the court. One of the means available to elderly and dependent adults are victims of financial or physical abuse has the right to compensation for pain and suffering to recover.

Before EADACPA, it's really lost if the client died. Almost all of these civil cases are accepted by the attorney on a contingency fee basis, which means the attorney receives fees only if the case is successful. A percentage of therecovery for pain and suffering damages were part of the attorney's fees.

A lawyer may have spent hundreds of hours working on the case and will then lose the ability to view charges on the amount of labor expended.

With EADACPA. the right to further pain and suffering damages, even if the victim dies before the conclusion of the dispute.

Proving one EADACPA claim requires a higher burden of proof than a preponderance of the evidence. To receiveall available remedies without proof, by clear and convincing evidence that the defendant's actions were intentional and involved fraud, malice, oppression or recklessness.

If this can be proved, then the statutes allow EADACPA many other means as well. The victim may also recover punitive damages as a way to punish the defendant and to set an example that this kind of behavior will not be tolerated in a civilized society. Legal costs may be included in theVerdict.

One of the most interesting products involves the disinheritance of the offender to receive property or money from the estate of the victim, if he goes s /. Anyone who is older or of legal age, financial or physical abuse are made automatically disinherited liable.

In a civil action to be taken up other causes of action (or theories of liability). However, the EADACPA claim is basically the most powerful sword used to the reprehensible actions to combatPredators that hunt for vulnerable elders and dependent adults.

From: George F. Dickerman, Esq.