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iLaw Dictionary
California
Law Dictionary
Elder Abuse-Legislative Intent
(Delaney v. Baker)

Elder Abuse and Dependent Adult Civil Protection Act, Welfare and Institutions Code fn. 1 section 15600
(Delaney v. Baker)

In 1991, in order “to enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults” (Welf. & Inst. Code, § 15600, subd. (j)), the Legislature added Welfare and Institutions Code section 15657 to the Act. That section makes available, to plaintiffs who prove especially egregious elder abuse to a high standard, certain remedies “in addition to all other remedies otherwise provided by law” (Welf. & Inst. Code, § 15657). Specifically, a plaintiff who proves “by clear and convincing evidence” that a defendant is liable for physical abuse, neglect, or financial abuse (as these terms are defined in the Act), and that the defendant has been guilty of “recklessness, oppression, fraud, or malice” in the commission of such abuse, may recover attorney fees and costs. (Id., subd. (a), incorporating by reference Welf. & Inst. Code, §§ 15610.30, 15610.57, 15610.63.)[5] On the same conditions, a plaintiff who brings suit as the personal representative of a deceased elder is partially relieved of the limitation on damages in a decedent’s action imposed by Code of Civil Procedure section 377.34 and thus may recover damages up to $250,000 for emotional distress suffered by the decedent prior to death. (Welf. & Inst. Code, § 15657, subd. (b).)

Delaney v. Baker (1999) 20 Cal.4th 23 , 82 Cal.Rptr.2d 610; 971

Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992 , 35 Cal.Rptr.2d 685; 884
(See Delaney v. Baker (1999) 20 Cal.4th 23, 33 (Delaney).)
Delaney v. Baker (1999) 20 Cal.4th 23 , 82 Cal.Rptr.2d 610; 971
Abuse, of Elder-Tort-Elder Abuse-Standing-Estate of Lowrie
Elder Abuse and Dependent Adults Act-15600 et seq-Legislature’s intent-Tort (Intrieri)