| In California, the Elder Abuse and Dependent Adult | | | | suffering damages continues, even if the victim dies |
| Civil Protection Act (EADACPA) is one on the most | | | | before the conclusion of the litigation. |
| powerful tools available for combating elder abuse, | | | | Proving an EADACPA claim requires a higher burden |
| both financial and physical. | | | | of proof than a mere preponderance of the |
| An "elder" is defined as a person 65 years of age or | | | | evidence. To receive all of the remedies available, |
| older. A "dependent adult" is generally a person | | | | one must prove, by clear and convincing evidence, |
| between 18 and 64 years of age who is unable to | | | | that the defendant's actions were intentional and |
| carry out activities of daily living due to mental | | | | involved fraud, malice, oppression or recklessness. |
| impairments. | | | | If this can be shown, then the EADACPA statutes |
| A little history: EADACPA was enacted, in large part, | | | | allow many other remedies as well. The victim can |
| to encourage lawyers to represent elderly and frail | | | | also recover punitive damages as a way to punish |
| clients who may not survive long enough for their | | | | the defendant and set an example that this type of |
| case to be heard by the court. One of the remedies | | | | behavior will not be tolerated in a civilized society. |
| available to elderly and dependent adult victims of | | | | Attorney fees and court costs can also be included in |
| financial or physical abuse was the right to recover | | | | the judgment. |
| monetary damages for pain and suffering. | | | | One of the most interesting remedies includes the |
| Prior to EADACPA, that right was lost if the client | | | | disinheritance of the perpetrator from receiving any |
| died. Nearly all such civil cases are accepted by the | | | | property or money from the victim's estate when s |
| attorney on a contingency fee basis; that is, the | | | | he passes away. Anyone found liable for elder or |
| attorney receives fees only if the case is successful. | | | | dependent adult financial or physical abuse is |
| A percentage of the recovery for pain and suffering | | | | automatically disinherited. |
| damages were part of the attorney fees. | | | | In a civil lawsuit, other causes of action (or theories |
| An attorney may have spent hundreds of hours of | | | | of liability) will be included. However, the EADACPA |
| work on the case and then lost the ability to receive | | | | claim will generally be the most powerful sword used |
| fees commensurate with the amount of work | | | | to combat the reprehensible acts of predators that |
| expended. | | | | prey on vulnerable elders and dependent adults. |
| With EADACPA. the right to recover pain and | | | | By: George F. Dickerman, Esq. |