Frequently Asked Questions

Common warning signs include unexplained bruises, cuts, or fractures, sudden weight loss or signs of dehydration, bedsores, poor hygiene, unsanitary living conditions, sudden changes in mood or withdrawal, fear around certain staff members, and unexplained financial transactions. If you notice these signs in a parent or loved one, document what you observe and consider speaking with an attorney.

Elder abuse generally refers to intentional harm — physical, emotional, sexual, or financial. Elder neglect refers to the failure to provide reasonable care, such as not providing adequate food, water, medication, hygiene, or supervision. Both are unlawful under California law, and a facility can be held liable for either.

If your parent is able to make their own decisions, the claim is generally brought by or on behalf of the elder. If your parent cannot pursue a claim themselves, a spouse, adult child, or other family member acting under a power of attorney or as a court-appointed representative may be able to file. An attorney can help you determine the proper way to bring a claim for your family’s situation.

California’s Elder Abuse and Dependent Adult Civil Protection Act provides specific protections and remedies for elders who are abused or neglected. Nursing home residents also have rights under federal and state regulations covering care standards, dignity, and freedom from mistreatment. These laws can allow for remedies beyond those available in an ordinary negligence case.

Deadlines vary depending on the type of claim. Claims based on physical abuse or neglect generally have a two-year deadline, while some claims may have different time limits. Because the applicable deadline depends on the specific facts, it is important to consult an attorney as soon as you suspect abuse so that evidence can be preserved and no deadline is missed.

If your parent is in immediate danger, call 911. Otherwise, document everything you observe with notes and photographs, talk with your parent privately if possible, and report your concerns to the facility in writing. You can also contact Adult Protective Services or the California Long-Term Care Ombudsman. Consulting an attorney early helps protect your parent’s rights and preserve evidence.

Possibly. A nursing home has a duty to assess each resident’s risks and provide reasonable supervision and safety measures. If a facility failed to provide adequate staffing, supervision, or fall-prevention measures, and that failure led to an injury, it may be held liable. An attorney can review the care records to evaluate whether the facility met its obligations.

Financial elder abuse occurs when someone wrongfully takes, hides, or misuses an elder’s money or property. It can involve caregivers, family members, or strangers. Evidence often includes bank records, sudden changes to wills or account beneficiaries, missing valuables, and unusual withdrawals. An attorney can help gather records and pursue recovery of misappropriated assets.

Kang Law handles elder abuse and nursing home neglect cases on a contingency fee basis — there is no upfront cost, and the firm is paid only if it recovers compensation. Initial consultations are free, so you can discuss your family’s situation without financial commitment.

Depending on the facts, recovery may include medical expenses, costs of relocating to a safer facility, compensation for pain and suffering, and recovery of misappropriated assets in financial abuse cases. In cases involving particularly serious misconduct, California’s elder abuse law may also allow for additional remedies. An attorney can explain what may apply to your family’s case.