"Abuse of an elder or a dependent adult" means
either of the following:
Physical abuse, neglect, financial abuse, abandonment,
isolation, abduction, or other treatment with resulting physical harm or
pain or mental suffering.
The deprivation by a care custodian of goods or
services that are necessary to avoid physical harm or mental suffering.
Assault, as defined in Section 240 of the Penal Code.
Battery, as defined in Section 242 of the Penal
Code.
Assault with a deadly weapon or force likely to produce
great bodily injury, as defined in Section 245 of the Penal Code.
Unreasonable physical constraint, or prolonged or
continual deprivation of food or water.
Sexual assault, that means any of the following:
Sexual battery, as defined in Section 243.4 of the
Penal Code.
Rape, as defined in Section 261 of the Penal Code.
Rape in concert, as described in Section 264.1 of the
Penal Code.
Spousal rape, as defined in Section 262 of the Penal
Code.
Incest, as defined in Section 285 of the Penal Code.
Sodomy, as defined in Section 286 of the Penal Code.
Oral copulation, as defined in Section 288a of the
Penal Code.
Sexual penetration, as defined in Section 289 of the
Penal Code.
Lewd or lascivious acts as defined in paragraph (2) of
subdivision (b) of Section 288 of the Penal Code.
Use of a physical or chemical restraint or psychotropic
medication under any of the following conditions:
For punishment.
For a period beyond that for which the medication was
ordered pursuant to the instructions of a physician and surgeon licensed
in the State of California, who is providing medical care to the elder or
dependent adult at the time the instructions are given.
For any purpose not authorized by the physician and
surgeon.
The negligent failure of any person having the care or
custody of an elder or a dependent adult to exercise that degree of care
that a reasonable person in a like position would exercise.
The negligent failure of an elder or dependent adult
to exercise that degree of self care that a reasonable person in a like
position would exercise.
Neglect includes, but is not limited to, all of the
following:
Failure to assist in personal hygiene, or in the
provision of food, clothing, or shelter.
Failure to provide medical care for physical and
mental health needs. No person shall be deemed neglected or abused for
the sole reason that he or she voluntarily relies on treatment by
spiritual means through prayer alone in lieu of medical treatment.
Failure to protect from health and safety hazards.
Failure to prevent malnutrition or dehydration.
Failure of an elder or dependent adult to satisfy the
needs specified in paragraphs (1) to (4), inclusive, for himself or
herself as a result of poor cognitive functioning, mental limitation,
substance abuse, or chronic poor health.
"Financial abuse" of an elder or dependent
adult occurs when a person or entity does any of the following:
Takes, secretes, appropriates, or retains real or
personal property of an elder or dependent adult to a wrongful use or
with intent to defraud, or both.
Assists in taking, secreting, appropriating, or
retaining real or personal property of an elder or dependent adult to a
wrongful use or with intent to defraud, or both.
A person or entity shall be deemed to have taken,
secreted, appropriated, or retained property for a wrongful use if, among
other things, the person or entity takes, secretes, appropriates or retains
possession of property in bad faith.
A person or entity shall be deemed to have acted in
bad faith if the person or entity knew or should have known that the
elder or dependent adult had the right to have the property transferred
or made readily available to the elder or dependent adult or to his or
her representative.
For purposes of this section, a person or entity
should have known of a right specified in paragraph (1) if, on the basis
of the information received by the person or entity or the person or
entity's authorized third party, or both, it is obvious to a reasonable
person that the elder or dependent adult has a right specified in
paragraph (1).
For purposes of this section, "
representative" means a person or entity that is either of the following:
A conservator, trustee, or other representative of the
estate of an elder or dependent adult.
An attorney-in-fact of an elder or dependent adult who
acts within the authority of the power of attorney.
"Abandonment"
means the desertion or willful forsaking of an elder or a dependent adult by
anyone having care or custody of that person under circumstances in which a
reasonable person would continue to provide care and custody.
Acts intentionally committed for the purpose of
preventing, and that do serve to prevent, an elder or dependent adult
from receiving his or her mail or telephone calls.
Telling a caller or prospective visitor that an elder
or dependent adult is not present, or does not wish to talk with the
caller, or does not wish to meet with the visitor where the statement is
false, is contrary to the express wishes of the elder or the dependent
adult, whether he or she is competent or not, and is made for the purpose
of preventing the elder or dependent adult from having contact with
family, friends, or concerned persons.
False imprisonment, as defined in Section 236 of the
Penal Code.
Physical restraint of an elder or dependent adult, for
the purpose of preventing the elder or dependent adult from meeting with
visitors.
The acts set forth in subdivision (a) shall be subject
to a rebuttable presumption that they do not constitute isolation if they
are performed pursuant to the instructions of a physician and surgeon
licensed to practice medicine in the state, who is caring for the elder or
dependent adult at the time the instructions are given, and who gives the
instructions as part of his or her medical care.
The acts set forth in subdivision (a) shall not
constitute isolation if they are performed in response to a reasonably
perceived threat of danger to property or physical safety.
"Abduction" means
the removal from this state and the restraint from returning to this state, or
the restraint from returning to this state, of any elder or dependent adult who
does not have the capacity to consent to the removal from this state and the restraint
from returning to this state, or the restraint from returning to this state, as
well as the removal from this state or the restraint from returning to this
state, of any conservatee without the consent of the conservator or the court.
"Mental suffering"
means fear, agitation, confusion, severe depression, or other forms of serious
emotional distress that is brought about by forms of intimidating behavior,
threats, harassment, or by deceptive acts performed or false or misleading
statements made with malicious intent to agitate, confuse, frighten, or cause
severe depression or serious emotional distress of the elder or dependent
adult.
