In California, a dependent adult is a person between the ages of 18 and 64 who has a physical and/or mental condition that limits their ability to carry out normal daily activities or to protect their own rights. If your loved one falls into that age range and relies on others for care, they may qualify — and specific legal protections may apply to them.

Why does the definition of “dependent adult” matter?

It determines whether a broader set of legal protections applies to your loved one. California has a body of law — separate from general personal injury law — that covers abuse and neglect of elders and dependent adults. If your loved one qualifies as a dependent adult, that designation can come into play when something goes wrong in a residential care home setting.

If your loved one lives in an Intermediate Care Facility for the Developmentally Disabled (ICF-DD) or a facility tied to a regional center in California, and you are concerned that something is wrong, take a moment to read this blog post. Signs of neglect and abuse in these settings can look like confusion, withdrawal, unexplained injuries, or a sudden change in mood. Knowing what to look for and what steps are available to take can help you protect your loved one.

What is an ICF-DD, and who lives there?

An ICF-DD is a licensed residential facility that provides health and habilitative services to people with developmental disabilities. Many residents have intellectual disabilities, autism, cerebral palsy, epilepsy, or related conditions. Some residents are nonverbal or have significant difficulty communicating pain or distress. That communication gap is exactly what makes attentive, consistent care so critical — and what makes harm so easy to miss from the outside.

California’s Elder Abuse and Dependent Adult Civil Protection Act is a civil law that gives older adults and dependent adults — and their families — the ability to hold individuals and care facilities legally accountable for abuse and neglect. It covers physical abuse, neglect, financial abuse, and more, and it provides remedies that go beyond ordinary injury claims.

Who does this law protect?

The law protects two groups of people. The first is adults age 65 and older. The second is dependent adults — people between 18 and 64 who have physical and/or mental limitations that restrict their ability to carry out normal activities or protect their own rights. A person living in a Skilled Nursing Facility or an Assisted Living Facility is very likely to fall into one or both categories.

Yes, you can sue a group home for neglect in California. If your family member lives in a group home and is being harmed through poor care, ignored medical needs, or unsafe conditions, California law gives families a path to hold that facility accountable. The protections that apply are broad and were written specifically for adults in care settings like group homes.

What counts as a group home under California law?

A group home is a residential facility where adults live together and receive care and supervision. In California, these facilities go by different names depending on who they serve and what license they hold. You may hear terms like residential care facility, board and care home, adult residential facility, or community care facility.

Yes. In California, adults with developmental disabilities can qualify as dependent adults under the same law that protects elderly people from abuse and neglect. You do not have to be over 65. If your adult family member has a condition that limits their ability to care for themselves, they may have the same legal protections as any nursing home resident — and the same rights if those protections are violated.

What exactly is a dependent adult under California law?

A dependent adult is generally any person between the ages of 18 and 64 who has a physical and/or mental limitation that restricts their ability to carry out normal activities or to protect their own rights. That definition is broad on purpose. It covers people with physical disabilities, cognitive impairments, serious mental illness, and developmental disabilities. Age alone is not the deciding factor — the level of limitation is.

The clearest warning sign of nursing home abuse or neglect is a sudden, unexplained change in your loved one — physically, emotionally, or financially. Injuries no one can account for, rapid weight loss, a person who has gone quiet, money moving in ways that make no sense. Any one of these is worth asking about.

Most families do not walk in and see abuse happening. They notice something small that does not add up, dismiss it, and then notice it again. This is a guide on what signs to look for and what to do next if you suspect abuse or neglect.

What are the most common physical warning signs?

What is wandering?

Wandering is an aimless action that elderly people with dementia can sometimes engage in. Someone who is wandering is not specifically looking for an exit, but rather to move around. If they do exit a skilled nursing or assisted living facility, it is because they chanced upon an exit and walked out, or were aided by someone misinformed but with good intentions. 

Wandering is common in nursing homes: “Thirty six percent of community dwellers and sixty five percent of nursing home residents wander” (Smith, M., Schultz, S., Great Escapes: The wandering dilemma. The University of Iowa Geriatric Education, Iowa city, IA, www.mediciantuiowa.edu/igec/). Wandering may eventually lead to elopement, so the wanderer should be treated as a risk for elopement unless there is evidence that this is not a risk. 

What is Elder Abuse Awareness Day?

In 2006, the annual date of June 15 was designated as “World Elder Abuse Awareness Day” by the International Network for Prevention of Elder Abuse (INPEA) and the World Health Organization (WHO) of the United Nations.  The Day serves as a call-to-action for families, advocates, lawyers, and other organizations to promote a better understanding of elder abuse and neglect by increasing the awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect.

Studies have illustrated that about one in ten individuals aged 60 and older in the United States have experienced some form elder abuse, and nearly 5 million elderly individuals experience abuse each year.  However, despite its prevalence, elder abuse is a “silent” problem. Some data suggests that only 1 in 24 cases of elder abuse is reported.

If your loved one resides in a nursing home or assisted living facility, it is important to be on the lookout for signs of abuse and neglect.  Sadly, instances of abuse and neglect are not uncommon, and many elderly residents, especially those who suffer from cognitive issues such as dementia, are often unable to protect or speak up for themselves.  Unusual depression, confusion, isolation, and withdrawal, as well as unexplained bruises and injuries, and poorly-kept hygiene, are all major signs that an elderly resident may be the victim of neglect.

If you believe your loved one has actually experienced such abuse or neglect, it is also important to speak with a knowledgeable elder abuse attorney as soon as possible.  Some facilities have gone to great lengths to attempt to conceal any and all evidence of abuse, therefore it is in your best interests to contact an attorney to help you navigate your legal options sooner rather than later.

Here are five significant reasons why you may consider hiring a skilled elder abuse attorney to help you with a potential case:

What is Gabapentin?

Gabapentin is used to treat chronic neuropathic pain, but it may cause dizziness, drowsiness, and confusion in some older adults.  Making the decision on whether the benefit of gabapentin outweighs the side effects, which could lead to increased falls, may seem daunting.  Gabapentin is one of the most common drugs used for neuropathic pain and psychiatric disorders, including bipolar disorder.  Gabapentin is used in 82.6% of people who need anticonvulsants.  Dosing for gabapentin has a wide variety.  The average dose is 975 mg/day, ranging from 100 to 4800 mg/day.  Older adults should be started on a low dose of gabapentin, and then titrated to the optimum mg/day per each individual resident.

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