What To Do After Suspected Elder Neglect in California

Recognizing Possible Elder Neglect

Elder neglect occurs when a caregiver fails to provide the basic care an older adult reasonably needs. In California, neglect can occur in private homes, assisted living or residential care facilities, and skilled nursing facilities.

Common warning signs may include:

• Physical signs: bedsores (pressure ulcers), unexplained weight loss, dehydration, poor hygiene, repeated infections, untreated medical conditions, frequent falls, or consistently soiled bedding or clothing.
• Environmental signs: unsafe living conditions, strong odors of urine or feces, lack of heat or air conditioning in extreme weather, insufficient food, missing or expired medications, or visibly inadequate staffing in a facility.
• Behavioral or emotional signs: sudden withdrawal, fearfulness around certain staff or caregivers, confusion that seems worse than usual, agitation or unusual sleepiness, or reluctance to speak when staff are present.

Neglect can be intentional (willful disregard) or unintentional (for example, due to understaffing or poor training). Either way, it can cause serious harm and may constitute elder abuse under California law, including the Elder Abuse and Dependent Adult Civil Protection Act and related statutes (see California Codes).

Protecting the Elder’s Immediate Safety

If you suspect elder neglect, the elder’s immediate safety and health come first.

• Assess urgency: If the elder is in immediate danger, has a serious injury, trouble breathing, or appears acutely ill, call 911 without delay.
• Seek medical evaluation: When safe and feasible, request an independent medical assessment from a physician who is not employed by or closely tied to the facility. Emergency rooms and urgent care centers can evaluate injuries and conditions that may relate to neglect.
• Stay with the elder if you can: Your presence may help calm the elder and allows you to observe their condition and interactions with staff firsthand.
• Speak with a supervisor: In a facility, ask to speak with the charge nurse, director of nursing, or administrator. Calmly explain your concerns and ask what immediate steps will be taken to address them.

If the elder lacks capacity to make decisions and you hold legal authority (such as a valid power of attorney or court-ordered conservatorship), you may be able to make health care and placement decisions on their behalf. If no one has legal authority and the elder cannot make decisions, courts and county agencies may need to be involved to protect the elder.

Documenting What You See and Hear

Careful documentation can be critical for medical care, regulatory investigations, and any future civil or criminal proceedings.

• Write down events: Keep a dated log describing what you saw, heard, and were told. Include names of staff or witnesses, dates, times, and locations.
• Photograph or video when appropriate: Pictures of visible injuries, unsafe or unsanitary conditions, or soiled linens can be powerful evidence. Follow any lawful facility rules, respect privacy laws, and avoid photographing other residents without proper permission.
• Collect records: Keep copies of care plans, medication lists, incident reports, discharge summaries, and any letters, emails, or text messages from the facility or caregivers.
• Track communications: Note the dates and times of conversations with staff, what was discussed, and any actions the facility or caregiver promised to take.

Try to describe objective facts rather than general impressions. This type of record can help agencies, medical providers, and attorneys understand what has been occurring over time.

Raising Concerns With the Facility

When suspected neglect occurs in a nursing home, assisted living community, or other residential facility, it is often helpful to raise your concerns directly with the care team and administration, while recognizing that this does not replace formal reporting.

• Start with the care team: Request a care conference with the nurse, social worker, and others involved in the elder’s care to review concerns and the current care plan.
• Escalate to administration: If your concerns are not addressed, contact the facility administrator or director of nursing. Provide specific examples and ask what steps will be taken and on what timeline.
• Follow up in writing: Send a dated letter or email summarizing your concerns and any responses or commitments from the facility. Keep copies of everything you send and receive.

Internal complaints can sometimes lead to faster improvements, but they do not limit your right to report suspected neglect to government agencies or to seek independent legal advice.

Reporting Suspected Elder Neglect in California

California encourages the reporting of suspected elder abuse or neglect, whether it occurs in the community or in a licensed facility. Certain professionals are mandated reporters under California law, but any concerned person may generally make a good-faith report.

1. Adult Protective Services (APS)

County Adult Protective Services agencies investigate reports of abuse and neglect involving older and dependent adults in private homes and some community settings. You can typically report concerns by contacting your county’s APS hotline; the California Department of Social Services provides county contact information online (see California Department of Social Services – Adult Protective Services).

2. Long-Term Care Ombudsman Program

The California Long-Term Care Ombudsman Program advocates for residents of nursing homes and certain residential care facilities for the elderly. Local ombudsman representatives can investigate and attempt to resolve complaints made by or on behalf of residents, help explain residents’ rights, and work with facilities and agencies to address problems (see California Department of Aging – Long-Term Care Ombudsman Program).

3. Licensing and Regulatory Agencies

Many facilities are licensed and overseen by California state agencies. For example, skilled nursing facilities and certain other health facilities are regulated by the California Department of Public Health, while many residential care facilities for the elderly are licensed by the Community Care Licensing Division of the California Department of Social Services. These agencies accept complaints directly from the public.

When you report suspected neglect, it is helpful to provide, as available:

• The elder’s name, approximate age, and where they live.
• The names of suspected responsible individuals or facilities.
• Specific facts: what you saw, when it happened, and any witnesses.
• Whether the elder appears to be in immediate danger.

You can usually make a report even if you do not have complete information. You are not required to prove that neglect is happening before contacting authorities, and good-faith reporting is generally protected under California law.

Understanding Civil and Criminal Aspects

Conduct that amounts to elder neglect in California can have both civil and criminal implications.

• Civil law: Under California statutes such as the Elder Abuse and Dependent Adult Civil Protection Act in the Welfare and Institutions Code, as well as general negligence and medical malpractice laws, an elder or their legal representative may have civil claims against individuals, caregivers, facilities, or companies whose neglect caused harm. Civil cases may seek compensation for medical expenses, pain and suffering, and other damages allowed by law (see Official California Legislative Information – California Codes).
• Criminal law: In serious cases, law enforcement and prosecutors may pursue criminal elder abuse or neglect charges, including under provisions such as California Penal Code section 368. A criminal case focuses on potential punishment and public safety, and is handled by law enforcement and the district attorney or attorney general.

Civil and criminal matters can proceed at the same time or separately. An attorney experienced in California elder abuse and neglect matters can help you understand how these processes may apply in a particular situation.

Acting Within Legal Time Limits

California law imposes statutes of limitations (deadlines) for bringing civil claims related to elder neglect or abuse. The applicable deadline can depend on factors such as:

• Where the neglect occurred (for example, at home versus in a licensed health facility).
• The type of defendant (individual caregiver, health care provider, or corporate facility).
• The nature of the harm (injury, wrongful death, financial loss, or other damage).
• When the neglect, injury, or wrongful act was discovered or reasonably should have been discovered.

Because these time limits can be complex and missing a deadline may prevent you from filing a lawsuit at all, it is important to consult with a California attorney promptly after you suspect neglect or learn of a significant injury or decline.

Supporting the Elder Emotionally and Practically

Suspected neglect is not only a legal concern; it can be deeply distressing for the elder and for family members.

• Listen and validate: Let the elder know that you take their concerns seriously and that they are not to blame for neglect or mistreatment.
• Involve them in decisions: To the extent they are able, include the elder in discussions about care changes, facility transfers, or legal options.
• Coordinate care: Work with doctors, social workers, case managers, and, when appropriate, mental health professionals to address both medical and emotional needs.
• Seek support: Consider counseling, support groups, or faith- and community-based resources for both the elder and family members.

Preserving the elder’s dignity and autonomy, while keeping them as safe as reasonably possible, should remain a central goal.

Practical Tips for California Families

Checklist: First Steps After Suspected Elder Neglect

When to Speak With a California Elder Neglect Attorney

You do not need to wait for an APS, ombudsman, or licensing investigation to be completed before speaking with an attorney about suspected elder neglect.

A California elder neglect lawyer may be able to:

• Review medical records, facility records, and your documentation of concerns.
• Help you understand whether the facts may support a civil claim under California law.
• Identify potential defendants and legal theories (such as negligence, elder abuse statutes, or violations of residents’ rights).
• Coordinate with qualified experts (such as geriatricians or nursing experts) to evaluate the standard of care.
• Advise you on communications with facilities, insurers, and investigators.
• Help you preserve important evidence and comply with any pre-lawsuit requirements, such as certain notice rules applicable to health care providers.

Evidence can be lost and witnesses’ memories can fade over time, so it is often wise to seek legal guidance as soon as it is practical if you suspect neglect contributed to an elder’s injury, decline, or death.

To discuss your situation and learn about your options, you can contact our California elder law team.

Frequently Asked Questions About Elder Neglect in California

Do I have to be certain neglect is happening before I report it?

No. You are generally allowed to report suspected elder neglect in good faith even if you are not completely sure. You do not need proof before contacting APS, the ombudsman, or licensing agencies.

Can I move my loved one to another facility while investigations are pending?

Often yes, if it is medically safe and you have legal authority to make placement decisions. Before moving, coordinate with the elder’s medical providers and consider speaking with an attorney about how a transfer could affect evidence and insurance issues.

Will the facility retaliate if I file a complaint?

Retaliation against residents for asserting their rights or making complaints is prohibited under California and federal law. If you suspect retaliation, document it and report it promptly to the ombudsman, regulators, and your attorney.

How much time do I have to bring a legal claim?

The answer depends on several factors, including where the neglect occurred, the type of defendants involved, and the nature of the harm. Some deadlines can be as short as one year or less. Speak with a California attorney as soon as you can to avoid missing important time limits.

Key Takeaways

• Prioritize the elder’s immediate safety and medical needs, including calling 911 in emergencies.
• Document what you see and hear with notes, photos (when lawful and appropriate), and copies of key records.
• Report concerns to Adult Protective Services, the Long-Term Care Ombudsman, and/or licensing agencies as appropriate for the setting.
• Understand that suspected neglect may have both civil and criminal implications under California law.
• Be aware that strict legal time limits may apply to any civil claim.
• Consider speaking with a California elder neglect attorney promptly to help protect the elder’s safety and legal rights.

California-Specific Legal Disclaimer

This blog post is for general informational purposes only and reflects California law as of the date of publication. It is not legal advice and does not create an attorney-client relationship. Laws may change, and their application can vary based on specific facts. You should consult a qualified California attorney for advice about your particular situation.