When the In-Home Caregiver Is the Abuser: Your Legal Options in California

Hiring an in-home caregiver should help an older adult stay safe. When that person causes harm, the betrayal can leave a family unsure where to turn. A California elder abuse lawyer can explain options for stopping the abuse and seeking compensation.

California’s elder abuse protections can apply in a private home. Depending on the facts, both the caregiver and a care agency could face legal claims.

What counts as elder abuse at home?

California law defines an elder as a state resident who is 65 or older. The law also protects certain younger adults with physical or mental limitations.

Abuse can include physical harm or financial exploitation. A caregiver’s failure to provide food or needed medical care may qualify as neglect when that person has responsibility for those needs.

Threats or forced isolation can also qualify as abuse. An older adult’s fear of being left without help can make speaking up difficult.

Watch for unexplained bruising or fear around a particular caregiver. Missing funds or sudden changes to important documents may also deserve review.

What should you do if you suspect abuse?

Call 911 if there’s immediate danger. Seek medical care for injuries or signs of neglect.

Report suspected abuse in a private home to county Adult Protective Services, usually called APS. California’s statewide APS number is 1-833-401-0832, and entering the older adult’s ZIP code connects you to the appropriate county office.

The reporting line operates around the clock. You can also report suspected crimes to local law enforcement.

If the caregiver can no longer safely provide care, work on arranging a safe replacement. Involve the older adult in decisions whenever possible.

Can a restraining order protect the older adult?

An elder or dependent adult abuse restraining order can require a caregiver to stay away. It can also prohibit threatening behavior or unwanted contact.

Temporary protection may be available before the full court hearing. A lawyer can help explain what evidence supports the request and who may apply on the older adult’s behalf.

Who can be held responsible for caregiver abuse?

The caregiver may be sued directly for harm caused by abuse or neglect. A California elder abuse lawyer can also investigate the agency’s role.

Abuse may involve an agency worker or someone hired directly by the family. A relative who provides care can also be legally responsible for abuse.

An agency may face liability for negligent hiring or supervision if it knew or should have known its caregiver posed a danger. The agency’s negligence must have caused harm.

The care agreement can help identify the agency’s responsibilities. Earlier complaints may also show whether the agency had warning of unsafe conduct.

What evidence should you preserve?

Save care agreements and written messages. Keep dated notes about suspicious injuries or missed care.

Photographs and medical records can help document the harm. For suspected financial abuse, preserve bank statements or records of unauthorized transfers that you can lawfully access.

Write down what the older adult tells you in their own words. Note when they spoke to you and who else may have witnessed the conduct.

What compensation may be available?

A civil lawsuit is separate from a criminal case. You don’t have to wait for a criminal conviction before asking a lawyer about a claim for compensation.

A civil claim may seek medical expenses and necessary additional care costs caused by the abuse. The older adult may also seek compensation for pain and suffering.

A financial abuse claim may seek recovery of money or property wrongfully taken. Some elder abuse claims also allow recovery of attorney’s fees, though the required proof depends on the claim.

Different filing deadlines can apply depending on the legal claim. Reporting abuse to APS doesn’t itself file a civil lawsuit or preserve the filing deadline.

How can you get legal help?

A lawyer can review the care arrangement and identify possible claims. If you’re helping a relative, the attorney can explain who has authority to take legal action.

Speak with a California elder abuse lawyer at The Law Office of David M. Jamieson about what happened. Call on (209) 437-7214 or reach out online to discuss your concerns and the steps available to protect your loved one.