Elder Abuse Act: Understanding ‘Care or Custody’ in California
In California, ’care or custody’ refers to a relationship where an individual or facility has assumed a substantial caretaking or custodial relationship with an elder, involving responsibility for one or more of their basic needs.
In cases of elder neglect, the legal care or custody status of the person at the center of the claim is of critical importance. (Neither physical or financial abuse require a care or custodial relationship to exist.)
Before we look more closely at what constitutes a care or custody relationship, let’s define some key terms from the California Welfare and Institutions Code.
Abuse of an Elder or Dependent Adult
Elder abuse includes neglect, abandonment, isolation, abduction, physical abuse, or other treatment resulting in physical harm, pain, or mental suffering. (The Elder Abuse Act also defines abuse as ‘the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering’ — however, it’s important to note that the descriptor ‘care custodian’ as used here is irrelevant to establishing care or custody in cases of neglect.)
Dependent Adult
The Welfare and Institutions Code defines a dependent adult as any person aged 18 to 64 who:
- has physical or mental limitations restricting their ability to perform normal activities or protect their rights; or
- is admitted as an inpatient to a 24-hour health care facility
This second clause is particularly significant. It means that any person admitted to such a facility is automatically considered a dependent adult, regardless of their baseline functional capacity.
Elder
State law defines an ‘elder’ as any California resident aged 65 or older.
Neglect
Neglect applies explicitly to ‘any person having the care or custody of an elder or a dependent adult.’ California law provides specific examples of neglect.
Care or Custody in Skilled Nursing Facilities
To meet the requirements of care or custody, the defendant must have responsibility for attending to one or more basic needs that a competent, able-bodied adult would ordinarily manage independently.
According to the Welfare and Institutions Code, ‘basic needs’ include:
- Assistance with personal hygiene, food, clothing, or shelter
- Access to health care services
- Protection from health and safety hazards
- Prevention of malnutrition or dehydration.
Clearly, skilled nursing facilities meet these duty-of-care requirements and can therefore be considered to have care or custody relationships with their residents.
Elder abuse attorneys also look at the frequency and closeness/intimacy of defendant-caregiver interactions.
The relationship can’t be brief or occasional. For example:
- A doctor who only sees a patient a few times and does not manage their daily needs probably doesn’t have care or custody.
- A nursing home that provides daily assistance with food, hygiene, and medical care does have care or custody.
If you think your loved one has suffered elder neglect in a skilled nursing facility, contact a dedicated elder abuse attorney in Los Angeles, Santa Barbara, San Francisco, or Sacramento.