Legal Question in Elder Law in California

what is the statute of limitation for elder abuse

Asked on 7/29/10, 4:47 pm

5 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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If you are the abused, go file criminal charges immediately. If the police refuse because of the statute, then you'll at least have tried. You also have probably two years to bring civil suit on personal injuries.

If you are the abuser, worried about being arrested, it is at least several years, depending upon the exact charges that could be filed.

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8/03/10, 6:24 pm
Daniel Bakondi The Law Office of Daniel Bakondi
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There are also situations when the statute of limitations can be extended. Do you need an attorney?

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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8/03/10, 7:49 pm
Scott Brear Law Practice of Scott Irvin Brear
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1 to 4 years dependent upon the cause of action. Financial abuse gets the longer statute of limitations.

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8/03/10, 9:17 pm
Anthony Roach Law Office of Anthony A. Roach
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Mr. Brear is wrong. There is no 1 year statute of limitations for elder abuse. If it is elder abuse that causes physical injury, it is the two (2) year statute of limitation provided by Code of Civil Procedure section 35.1. In Benun v. Superior Court (2004) 123 Cal.App.4th 113, 125-126, the Court of Appeal states that an action for Elder Abuse is governed by the two (2) year statute of limitation provided by Code of Civil Procedure section 335.1.

A cause of action for elder abuse based on financial abuse is four (4) years. “An action for damages pursuant Sections 15657.5 and 15657.6 for financial abuse of an elder or dependent adult, as defined in Section 15610.30, shall be commenced within (4) four years after the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered, the facts constituting the financial abuse.” (Welf. & Inst. Code, § 15657.7.)

That last section went into effect at the beginning of 2009. It is not clear what statute governed before then, because there was no specific statute for financial elder abuse prior to 2009.

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8/04/10, 9:05 pm
J. Caleb Donner Donner & Donner
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Hello:

The statute of limitations can vary depending upon the circumstances, i.e., whether you are talking about physical injury or financial abuse, medical malpractice, etc.

Additionally, there is the possibility that the statute of limitations can be "tolled" (stopped) depending upon the mental competence of the elder involved.

Thus, it sounds like you really need to discuss the matter with a local attorney.

Let me know if you would like to discuss the matter as I am in Westlake Village and it would appear that you are located in Simi Valley.

Caleb

donner@lawyer.com

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8/05/10, 2:42 pm

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