Respect Your Elders: Reforming California Law Relating to Standing for Elder Abuse Actions

Abstract

California is the fastest growing state in total population and has the most elders of any state. Between 2000 and 2040, the number of elders in California will grow more than twice as fast as in the general population. As California’s elderly population continues to grow, so will the number of abuse cases, including domestic violence in late life. To best address this growing problem, the California legislature should enact a resolution currently under consideration, Resolution 12-04-2009, which would reform California’s Elder Abuse and Dependent Adult Civil Protection Act, to allow courts to appoint conservators for elders and dependent adults, who could then seek protective orders on their behalf.

This Article assesses the current problem, past legislation on a federal and California state level, considers the current mechanisms in place to protect elders and dependent adults, and explains how current systems are not properly guarding a vulnerable group of adults given recurring problems asserting standing in elder abuse actions. Part II of this Article outlines the dangers elders face in today’s system. Though the prevalence of abuse is unknown, the abuse statistics various studies have uncovered is staggering and the number of non-reported cases is alarming. Next, Part III considers the history of elder abuse legislation in California, and delves into the reasoning behind past legislation and how the elder abuse problem has grown in recent years. Part IV explains why mandatory reporting laws in California have not been successful in stopping abuse despite good intentions and the serious repercussions for failing to report. Part V highlights how individual courts have become involved and showcases two California court programs that have used client-centered advocacy to understand elders’ client needs and to provide programs that makes courts more accessible for seniors. Part VI outlines recent legislative changes in California, which have centered on conservatorships and developing better processes for processing conservator petitions. Part VII discusses the rationale for the most recent legislative reform: a growth in financial abuse causes as seniors and the nation face a recession. Finally, Part VIII evaluates a proposed resolution currently under review that deals with the standing problems elders can sometimes encounter in reporting financial abuse, which would allow courts to appoint conservators.

Keywords: California, Elder Abuse, Conservatorships, Elder Abuse and Dependent Adult Civil Protection Act, Federal, Legislative Reform, State Legislation

JEL Classification: K10, J14, K42, K19