AB 2773 in California: Elder Abuse, Penal Code 368, and Remedies

California elder abuse laws, set out primarily in the Elder Abuse and Dependent Adult Civil Protection Act beginning at Welfare and Institutions Code section 15600, protect residents 65 and older and adults with qualifying disabilities by defining abuse, requiring professionals to report it, punishing offenders with jail or prison, and giving victims civil remedies stronger than an ordinary personal injury suit. The framework covers physical harm, neglect, financial exploitation, isolation, and abandonment, with reporting deadlines measured in hours and criminal enhancements that can add years in state prison.

Who the Law Protects

An “elder” under the Act is any California resident age 65 or older.¹ Age alone qualifies. No showing of frailty is required.

A “dependent adult” is someone 18 to 64 living in California whose physical or mental limitations restrict their ability to carry out normal activities or protect their own rights. That includes people with developmental or physical disabilities and cognitive decline, and it automatically includes anyone in that age range admitted as an inpatient to a 24-hour health facility.²

One boundary worth knowing: Adult Protective Services in California opens cases for people starting at age 60, alongside dependent adults 18 to 59.³ The enhanced civil remedies discussed below apply at 65, but investigative and support services from APS begin five years earlier.

What Counts as Abuse

California recognizes several categories, and the category matters because different remedies and deadlines apply to each.

Physical Abuse

Physical abuse covers assault, battery, sexual assault, unreasonable physical restraint, and prolonged deprivation of food or water. It also includes misuse of chemical or physical restraints and psychotropic medication when used as punishment, used beyond a physician’s order, or used for unauthorized purposes.⁴ That last piece often surfaces in nursing home cases where medication is used to sedate rather than to treat.

Neglect

Neglect is a caretaker’s failure to meet basic needs: help with hygiene, food, clothing, shelter, arranging necessary medical care, and protection from health and safety hazards. California courts treat neglect under the Act as distinct from ordinary medical malpractice, and the Act’s enhanced remedies apply to neglect claims rather than routine malpractice.

Financial Abuse

Financial abuse is the wrongful taking, hiding, or keeping of an elder or dependent adult’s property, whether by theft, fraud, or undue influence. The definition is broad enough to reach a caregiver draining a bank account or a relative pressuring a confused parent to change a will or sign over a deed, and it covers both principals and anyone who assists them.⁵

Abandonment, Isolation, and Abduction

These are separate recognized forms. Isolation includes deliberately cutting an elder off from phone calls, mail, or visits from family and friends, and a court can specifically address it in a protective order.

Reporting Suspected Abuse

Anyone who has assumed responsibility for the care or custody of an elder or dependent adult, paid or unpaid, is a mandated reporter. The statute lists administrators and licensed staff at care facilities, health practitioners, clergy, APS employees, and law enforcement.⁶

When a mandated reporter observes, learns of, or reasonably suspects abuse in the course of professional duties, they must report by telephone or through the state’s confidential online tool immediately or as soon as practically possible. A phoned-in report must be followed by a written report within two working days.⁶

You don’t need to be a mandated reporter to call, and you don’t need proof. A reasonable suspicion is enough. Reports go to local law enforcement or your county’s APS office. The statewide APS line is 1-833-401-0832, answered 24 hours a day. When you call, entering your zip code routes you to the county office covering the vulnerable adult’s location.⁷

Penalties for Failing to Report

A mandated reporter who fails to report faces a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. If the unreported abuse results in death or great bodily injury, the exposure rises to up to one year in jail, a fine of up to $5,000, or both. A conviction can also cost the reporter their professional license or certification.

Criminal Penalties Under Penal Code 368

Penal Code section 368 is the main criminal statute. It reaches anyone who knows or reasonably should know the victim is an elder or dependent adult, and the penalties scale with how dangerous the conduct was.

Felony or Misdemeanor Wobbler

When abuse occurs under circumstances likely to produce great bodily harm or death, the offense is a wobbler. As a felony, it carries two, three, or four years in state prison.⁸ As a misdemeanor, the maximum is one year in county jail, a fine of up to $6,000, or both.

Sentence enhancements can add significant additional time based on what happened to the victim:

Great bodily injury, victim under 70: three additional years in state prison.
Great bodily injury, victim 70 or older: five additional years.
Death of the victim, under 70: five additional years.
Death of the victim, 70 or older: seven additional years.

Enhancements stack on the base term. A person who seriously injures an 80-year-old could face a four-year base plus a five-year enhancement, totaling nine years in state prison.⁸

Straight Misdemeanor Cases

When the abuse does not occur under circumstances likely to produce great bodily harm or death, the offense is a straight misdemeanor. A first offense carries county jail time and fines at the court’s discretion. A second or later conviction is punishable by up to one year in county jail, a fine of up to $2,000, or both.⁸

Professional and Licensing Fallout

A Penal Code 368 conviction typically ends careers built on trust. Healthcare workers, licensed caregivers, and social workers risk the licenses and certifications they need to keep working. Facilities tied to abuse cases face regulatory investigations, potential decertification from Medi-Cal, and reputational damage.

Civil Lawsuits and Enhanced Damages

The Act gives victims civil remedies well beyond a standard personal injury claim.

Physical Abuse, Neglect, and Abandonment

When a plaintiff proves by clear and convincing evidence that the defendant committed physical abuse, neglect, or abandonment with recklessness, oppression, fraud, or malice, the court must award reasonable attorney’s fees and litigation costs, including fees charged by any conservator involved. The usual cap limiting damages that a deceased person’s estate can recover in a survival action does not apply, so families can pursue the full range of harm even after the victim’s death.⁹

Financial Abuse

Financial abuse has its own remedies. A plaintiff who proves financial abuse by a preponderance of the evidence automatically recovers attorney’s fees and costs on top of compensatory damages. If the plaintiff also shows by clear and convincing evidence that the defendant acted with recklessness, oppression, fraud, or malice, the survival-action cap is lifted and punitive damages become available.⁵

Deadlines

Civil claims for physical elder abuse generally must be filed within two years. Financial abuse claims carry a four-year deadline. Both periods run from when the victim discovered the abuse or reasonably should have discovered it, which can extend the deadline when the conduct was concealed. The limitations period may pause if the defendant leaves California or the victim is mentally incapacitated. If the victim dies within six months of the deadline, surviving family members get an additional six months to file.

Elder Abuse Restraining Orders

California offers a restraining order designed specifically for elder and dependent adult abuse, separate from the domestic violence order. It moves faster than a criminal case and can address harms that prosecution alone won’t stop.

The victim can petition, or the petition can be filed by a conservator, trustee, attorney-in-fact under a power of attorney, or court-appointed guardian ad litem. When the victim’s ability to understand the danger is impaired, the county APS agency can file as well.¹⁰

The order can require the abuser to stay away from the victim, cease all contact, and leave the victim’s residence. The court can prohibit specific isolating behavior and, after a hearing, make findings that particular debts resulted from financial abuse, which can unwind fraudulent transactions without a separate civil suit.¹⁰

After a noticed hearing, an order can last up to five years and may be renewed for another five years or permanently, without requiring proof of new abuse. If the order omits an expiration date, it defaults to three years.¹⁰

Where to Get Help

Adult Protective Services

Every one of California’s 58 counties has an APS office that investigates reports, assesses risk, and connects victims with medical, counseling, and legal services.³ APS is usually the first responder when abuse happens outside a long-term care facility. Investigators can visit the home, interview the adult, and coordinate with law enforcement. Call 1-833-401-0832 at any hour.⁷

Long-Term Care Ombudsman

For residents of nursing homes, board and care homes, and assisted living facilities, the Long-Term Care Ombudsman Program advocates on issues ranging from quality of care and diet to improper discharge and misuse of restraints. Services are free and confidential and cover every resident regardless of age. Every facility must post the local Ombudsman number and the statewide CRISISline: 1-800-231-4024, staffed around the clock.¹¹

National Elder Fraud Hotline

For financial scams targeting older adults, the U.S. Department of Justice runs the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311). Case managers help callers navigate federal, state, and local reporting, and each caller is assigned a dedicated point of contact. The line operates Monday through Friday, 10:00 a.m. to 6:00 p.m. Eastern time, with English, Spanish, and other language support.¹²

1
California Legislative Information. California Welfare and Institutions Code 15610.27
2
California Legislative Information. California Welfare and Institutions Code 15610.23
3
California Department of Social Services. Adult Protective Services
4
California Legislative Information. California Welfare and Institutions Code 15610.63
5
California Legislative Information. California Welfare and Institutions Code 15657.5
6
California Legislative Information. California Welfare and Institutions Code 15630
7
California Department of Social Services. Adult Protective Services
8
California Legislative Information. California Penal Code 368
9
California Legislative Information. California Welfare and Institutions Code 15657
10
California Legislative Information. California Welfare and Institutions Code 15657.03
11
California Department of Aging. Long-Term Care Ombudsman
12
Office for Victims of Crime. National Elder Fraud Hotline