What Does ‘Care or Custody’ Mean in California Elder Abuse Cases?
Under California law, “care or custody” describes a relationship in which a person or facility has taken on a meaningful caregiving or supervisory role for an elder (65 or older), including responsibility for meeting one or more of their basic needs.
In elder neglect cases, whether the accused party had care or custody of the individual is a crucial legal issue. By contrast, claims involving physical or financial abuse do not require proof of a care or custodial relationship. A dedicated California elder abuse lawyer can help you understand the full ramifications of these distinctions.
Before examining what qualifies as care or custody, it’s helpful to define several key terms under the California Welfare and Institutions Code.
Abuse of an Elder or Dependent Adult
Elder abuse includes neglect, abandonment, isolation, abduction, physical abuse, or any treatment that causes physical harm, pain, or mental suffering.
The Elder Abuse Act also defines abuse as the deprivation by a care custodian of goods or services necessary to prevent physical harm or mental suffering. However, the term “care custodian” in this context does not determine whether a care or custody relationship exists for purposes of neglect.
Dependent Adult
A dependent adult is any individual between the ages of 18 and 64 who:
- has physical or mental limitations that restrict their ability to carry out normal activities or safeguard their rights, or
- is admitted as an inpatient to a 24-hour health care facility.
This second category is especially important, as it means anyone admitted to such a facility is automatically considered a dependent adult, regardless of their prior level of independence.
Elder
California law defines an elder as any resident of the state who is 65 years of age or older.
Neglect
Neglect specifically applies to situations involving “any person having the care or custody of an elder or a dependent adult.” The law provides illustrative examples of what constitutes neglect - consult the California Welfare and Institutions Code for examples of neglect and abuse.
How is ‘Care or Custody’ Defined and Determined?
To establish care or custody in elder abuse litigation in California, the defendant must be responsible for assisting with one or more basic needs that a capable adult would typically handle on their own.
Under the Welfare and Institutions Code, these basic needs include:
- help with personal hygiene, nutrition, clothing, or shelter
- protection from health and safety risks
- prevention of malnutrition or dehydration
- access to medical care
Skilled nursing facilities generally meet these criteria and are therefore considered to have care or custody of their residents.
Courts and elder abuse attorneys also evaluate how frequent and how close the interactions are between the caregiver and the individual. The relationship must be ongoing and substantial—not brief or occasional. For example, a physician who sees a patient only periodically and does not oversee daily care typically does not have care or custody. A nursing home that provides daily assistance with meals, hygiene, and medical needs usually does have care or custody.
Residents of nursing homes and assisted living facilities are some of our most vulnerable citizens. They and their families deserve transparency. They need to know that their caregivers are held to the same high standards of care and accountability. If you suspect elder neglect or abuse in a skilled nursing facility, an experienced California elder abuse attorney can help you navigate the legal system and determine whether or not you have grounds for an elder abuse lawsuit.
