Statutory text on this page is current through the 2025 Regular Session (Stats. 2025). Verify the operative text against the Legislature’s official version at leginfo.legislature.ca.gov before relying on it. Commentary or annotations are from Schwartz & Schwartz, and are not statutory language.

Definitions on This Page

Welfare & Institutions Code § 15610.07. Abuse of an elder or a dependent adult

In practiceThe umbrella definition, and mainly a gateway provision. It sorts conduct into three paragraphs, and where a given form of abuse falls determines which remedy statute you reach: physical abuse, neglect and abandonment lead to Welf. & Inst. Code § 15657, while financial abuse leads to § 15657.5 and to the Probate Code’s double damages provisions. Isolation and abduction are listed forms of abuse but carry no heightened remedy of their own.

(a) “Abuse of an elder or a dependent adult” means any of the following:
(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
(3) Financial abuse, as defined in Section 15610.30.
(b) This section shall become operative on July 1, 2016.

Amendment historyRepealed (in Sec. 1) and added by Stats. 2015, Ch. 285, Sec. 2. (SB 196) Effective January 1, 2016; section operative July 1, 2016 by its own provisions. Subdivision (b) is that operative-date clause and carries no substantive content.

Welfare & Institutions Code § 15610.30. Financial abuse

In practiceOne of the three forms of abuse listed in § 15610.07, but defined separately and in considerably more detail than the other two. It is the definition most often at issue in this practice. Note the powerful presumption created by Subdivision (b).

(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, “representative” means a person or entity that is either of the following:
(1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Amendment historyAmended by Stats. 2013, Ch. 668, Sec. 2. (AB 140) Effective January 1, 2014 — the amendment that inserted the undue influence reference in subdivision (a)(3), tying this section to the definition added at § 15610.70. Previously amended by Stats. 2008, Ch. 475 (SB 1140) and Stats. 2000, Ch. 442 (AB 2107).

Where this definition is usedIncorporated by reference into Prob. Code § 859 (double damages), Prob. Code § 4231.5 (power of attorney actions) and Welf. & Inst. Code § 15657.5 (mandatory attorney’s fees) — all reproduced on the Relevant Statutes page. On how broadly subdivision (c) has been read, see Bounds v. Superior Court (2014) 229 Cal.App.4th 468 (an unconsummated agreement impairing marketability is a “taking”) and Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 14 Cal.App.5th 841 (liability may arise from voluntary transfers, and trust ownership of the property does not defeat the claim).

Welfare & Institutions Code § 15610.27. Elder

In practiceAge and California residence, and nothing more. No showing of vulnerability, impairment, dependency or diminished capacity is required to qualify as an elder under the Act.

“Elder” means any person residing in this state, 65 years of age or older.

Amendment history and contrastAdded by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995. Contrast dependent adult below, which does require physical or mental limitations — a distinction that matters because the care custodian presumption in Prob. Code § 21380(a)(3) applies only where the transferor is a dependent adult.

Welfare & Institutions Code § 15610.23. Dependent adult

In practiceAdults 18 to 64 who reside in California and have limitations restricting their ability to carry out normal activities or protect their rights — plus, under subdivision (b), anyone in that age range admitted as an inpatient to a 24-hour health facility, regardless of limitations. Living independently does not take a person outside the definition.

(a) “Dependent adult” means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.
(b) “Dependent adult” includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

Amendment history and significanceAmended by Stats. 2018, Ch. 70, Sec. 5. (AB 1934) Effective January 1, 2019. This definition does more work than its length suggests: the presumption of fraud or undue influence for donative transfers to a care custodian under Prob. Code § 21380(a)(3) is triggered only where the transferor is a dependent adult. On who qualifies as a care custodian for that purpose, see Robinson v. Gutierrez (2023) 98 Cal.App.5th 278, holding that “remuneration” under Prob. Code § 21362 includes non-cash compensation such as free room and board, so a live-in helper paid that way may be a care custodian.

Welfare & Institutions Code § 15610.05. Abandonment

In practiceRequires an existing care or custody relationship — a stranger cannot abandon an elder. The measure is what a reasonable person in that position would have continued to do.

“Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

Amendment history and remediesAdded by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995. One of the three predicates — with physical abuse and neglect — for the heightened remedies under Welf. & Inst. Code § 15657.

Welfare & Institutions Code § 15610.06. Abduction

In practiceWhere the elder or dependent adult lacks capacity to consent, two routes qualify: removal from this state coupled with restraint from returning, or restraint from returning on its own — restraint alone is enough, but removal alone is not. The conservatee prong is broader: either removal or restraint, without the consent of the conservator or the court. Where removal is threatened rather than accomplished, the practical remedy is an elder abuse restraining order under § 15657.03, which can be obtained on an expedited basis.

“Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court.

Amendment historyAdded by Stats. 1997, Ch. 663, Sec. 2. Effective January 1, 1998.

Welfare & Institutions Code § 15610.43. Isolation

In practiceFrequently the earliest observable sign in a financial abuse case: intercepting mail, screening calls and turning visitors away typically precedes the changes to the estate plan. Note that paragraph (a)(1) has two parts — the acts must be intentionally committed for the purpose of preventing mail or calls and must actually serve to prevent them. Note too the two carve-outs in subdivisions (b) and (c): conduct on a physician’s instructions carries a rebuttable presumption that it is not isolation, and conduct in response to a reasonably perceived threat to property or physical safety is excluded outright.

(a) “Isolation” means any of the following:
(1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.
(3) False imprisonment, as defined in Section 236 of the Penal Code.
(4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.
(b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care.
(c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safety.

NoteIsolation is a listed form of abuse under § 15610.07(a)(1), but only where it results in physical harm, pain or mental suffering. It also supports an elder abuse restraining order under § 15657.03 — see White v. Wear (2022) 76 Cal.App.5th 24, where isolation of the elder from his own children preceded the disputed trust amendment.

Welfare & Institutions Code § 15610.53. Mental suffering

In practiceDistress alone is not enough. The statute requires that the suffering be brought about by identified conduct — intimidating behavior, threats, harassment, or deceptive acts and false or misleading statements made with malicious intent. The intent element is where these claims are usually contested.

“Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

Amendment historyAmended by Stats. 2000, Ch. 559, Sec. 3. (AB 1819) Effective January 1, 2001.

Welfare & Institutions Code § 15610.57. Neglect

In practiceCovers both neglect by a person having care or custody and self-neglect by the elder. The critical distinction in litigation is between neglect — a failure of custodial care — and negligence in the delivery of professional medical services, because only the former carries the Act’s heightened remedies.

(a) “Neglect” means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Substantial inability or failure of an elder or dependent adult to manage their own finances.
(6) Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.
(c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b).

Amendment history and remediesAmended by Stats. 2021, Ch. 85, Sec. 65. (AB 135) Effective July 16, 2021. AB 135 was the Legislature’s human services omnibus budget trailer bill, which reached this section as one of many across the adult protective services scheme; the current subdivisions (b)(5), (b)(6) and (c), extending neglect to self-neglect and to homelessness, date from the 2021 session. On the neglect versus professional negligence line, see Delaney v. Baker (1999) 20 Cal.4th 23 and Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771. Note also that AB 251 (Stats. 2025, Ch. 433) added Welf. & Inst. Code § 15657.02, effective January 1, 2026, allowing a court to apply a preponderance standard to § 15657 remedies where a residential care facility for the elderly, adult community care facility or skilled nursing facility has committed spoliation of evidence. That section carries its own contingent inoperability clause; confirm it remains operative before relying on it.

Welfare & Institutions Code § 15610.63. Physical abuse

In practiceAn enumerated list rather than a general standard. Subdivision (f) is the provision most often overlooked and most often relevant in facility cases: the use of physical or chemical restraint or psychotropic medication for punishment, beyond the period ordered, or for any purpose the prescribing physician did not authorize.

“Physical abuse” means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Incest, as defined in Section 285 of the Penal Code.
(5) Sodomy, as defined in Section 286 of the Penal Code.
(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(7) Sexual penetration, as defined in Section 289 of the Penal Code.
(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.

Amendment historyAmended by Stats. 2022, Ch. 197, Sec. 39. (SB 1493) Effective January 1, 2023 — conforming changes following the repeal of Penal Code section 262, which is why subdivisions (e)(2) and (e)(6) refer to “former” sections.

Statutory text on this page is current through the 2025 Regular Session. It is reproduced as a convenience and is not legal advice. Commentary or annotations are from Schwartz & Schwartz, and are not statutory language. Verify the operative text against the Legislature’s official version at leginfo.legislature.ca.gov before relying on it.

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