California Nursing Home Abuse Lawyer Blog
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.
While adults 65 and older are covered as elders under this framework, the dependent adult definition allows those same protections to extend to younger adults who have conditions that make them equally vulnerable.
What kinds of conditions can make someone a dependent adult?
The condition does not have to be permanent, and it does not have to affect every area of a person’s life. It needs to substantially limit their ability to do ordinary daily activities or to stand up for themselves. That covers a wide range of situations.
Physical conditions, like a serious injury, progressive illness, or disability that limits mobility, can qualify someone. So can mental or cognitive conditions: a brain injury, a severe psychiatric diagnosis, or a developmental disability, for example. A person does not need to be entirely dependent on others; partial dependence, if it touches their ability to protect themselves, can be enough. An attorney can tell you whether your loved one’s specific circumstances fit the definition.
Does my loved one have to live in a care facility to be a dependent adult?
No. The definition is based on the person’s condition, not where they live. A dependent adult may live at home, with family, or in a care facility. That said, people living in Skilled Nursing Facilities or Assisted Living Facilities are often dependent adults by definition, because admission to those facilities generally requires the kind of functional limitations the definition describes.
Where your loved one lives can affect which agency has authority over the facility and the people caring for them. The California Department of Public Health licenses Skilled Nursing Facilities, while the California Department of Social Services licenses Assisted Living Facilities. Both have oversight responsibilities, but they are separate agencies with separate processes.
What protections apply to a dependent adult who is being abused or neglected?
California law recognizes several categories of harm that can be done to a dependent adult: physical abuse, neglect, financial abuse, abandonment, isolation, and abduction, among others. Neglect in particular is worth understanding clearly. Neglect is care that should have been provided but repeatedly was not. It shows up as decline over time: for example, repositioning that did not happen, hygiene that was not maintained, or infections that were not caught and treated.
Physical signs that something is wrong can include pressure sores on the lower back, hips, or heels — a bedsore can begin forming within days in a person who is not moved regularly. Soiled clothing, unwashed hair, or fungal infections can point to hygiene neglect. Confusion, excessive sleepiness, or a change in personality can sometimes be caused by medication errors or the use of sedative medications to manage behavior rather than for a legitimate medical reason.
Behavioral signs matter too. New anxiety, withdrawal, fear around certain staff members, or a reluctance to speak openly when staff are present can all be worth paying attention to. If your loved one has dementia or Alzheimer’s, they may not be able to tell you they are in pain — which makes the physical signs and your own observations even more important. Even the most attentive families can be taken off guard by conditions that develop quietly and out of sight.
What can a family do if they are concerned?
Visit often, and vary when you go — visiting at different times of day can give you a clearer picture of how your loved one is actually being cared for. If your loved one has a roommate, that person or their family may have seen things your loved one cannot describe or did not mention.
You can ask staff to document any injury in your loved one’s chart, and you can request copies of medical records to see whether what you are observing matches what is being written down. Sparse documentation can reflect an overwhelmed staff. It can also reflect something being deliberately omitted. Inconsistencies between what a staff member tells you and what appears in a written report submitted to a licensing agency are worth noting carefully.
If you have concerns about abuse or neglect, you can contact the Long-Term Care Ombudsman, Adult Protective Services, or the relevant licensing agency. An elder abuse attorney can help you understand what your options are and what the evidence you have gathered means.
Does financial abuse apply to dependent adults too?
Yes. A dependent adult can be the target of financial abuse, and it can go on for a long time before anyone notices — particularly if your loved one manages their own accounts and does not mention unusual transactions or missing funds. Unexplained changes to Social Security benefits, new account activity, or sudden shifts in how money is being handled are all worth looking into. An attorney can help you understand whether what you are seeing rises to the level of financial abuse under California law.
About the author. Ben Yeroushalmi is an Elder Abuse Attorney, Yeroushalmi Law, representing families in
nursing home abuse and neglect matters throughout California.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
