Legal Question in Elder Law in California
If an adult child lives with their senior-aged partent (the home is owned by the senior), and that senior hurts themselves in the household, is the adult child responsible for criminal neglect? I've read about the "caretaker" but this adult child does not view herself as a caretaker - she has lived in the house her whole life, and has not taken on the role as legal caretaker. Her parents are horders and keep their home extremely messy, and it would look like a case of neglect, however, they like it that way and would not let her clean the property or the home. Meanwhile, my boyfriend (the grandson of the senior) lives on the property but in a detached building. A social worker is coming to view the property soon, and I'd like to understand if anyone on the property can be held criminally liable for neglect, or if this would be a case of self neglect. Thank you.
1 Answer from Attorneys
An adult child has responsibilities to his parent, and people in general have an obligation to elders. If the court finds that you have willfully placed the senior in certain dangerous situations, then you can be found liable under California Penal Code 368. "Extreme neglect" can be sufficient for liability under this statute. There is no requirement that the person be a "legal caretaker" if the statute is otherwise fulfilled. It is possible that a person living in the home with the senior can violate Section 368 under certain circumstances, provided that that person have the ability to control the conduct of the senior in question.
There also are other statutes imposing liability, such as Penal Code 270c, which imposes liability on adult children in certain circumstances.
It is not possible to evaluate your risk of criminal liability without an extensive evaluation of the situation. In general, however, the less control you have over the senior in question, the less likely you can be found guilty of criminal negligence.
Related Questions & Answers
-
Can a person with power of attorney sell the home of person that is incapacitated.... Asked 12/19/12, 11:01 am in United States California Elder Law
-
My biological father is ill and he has a step daughter (not by law) , the question... Asked 12/02/12, 10:45 am in United States California Elder Law
-
My 80 yo mother needs me to evict my abusive 56yo brother but I am not the... Asked 11/03/12, 9:20 am in United States California Elder Law
-
If a parent has expressed to his children what he wants done with his remains upon... Asked 10/24/12, 5:49 pm in United States California Elder Law
-
I have medical power of attorney of my mother who is 80 years old and has... Asked 10/08/12, 12:00 am in United States California Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
