Elder Abuse and the Statute of Limitations in California

Elder abuse impacts thousands of vulnerable Californians every year. To protect seniors, the state provides a legal framework that allows for both criminal prosecution and civil lawsuits against perpetrators of abuse and neglect.

One of the most critical aspects of this legal framework is the statute of limitations — the time period within which legal action must be initiated. The deadlines vary depending on whether the case involves criminal charges or a civil claim, and on the specific type of abuse (a specialist elder abuse attorney can help you determine what type of case you may have).

Let’s take a closer look at how elder abuse is defined under California law.

Criminal Elder Abuse

Criminal elder abuse is defined under the California Penal Code §368. It occurs when someone who knows a victim is age 65 or older willfully causes or permits:

• Physical harm or pain,
• Unjustifiable mental suffering, or
• Situations that endanger health or safety.

These cases are prosecuted by the state, with prosecutors and victims (or their families) working together to hold abusers accountable.

• Felony elder abuse: Statute of limitations is generally 3 years from the date of the offense.
• Misdemeanor elder abuse: Statute of limitations is typically 1 year from the offense date.

In certain circumstances, these timelines may be extended—for example, if new evidence is discovered later.

Civil Elder Abuse

Civil law provides a broader definition of elder abuse under Welfare & Institutions Code §15610. It includes:

• Physical abuse, neglect, or abandonment
• Financial exploitation
• Isolation or abduction
• Denial of essential goods or services, leading to harm, pain, or mental suffering

Victims and their families can file lawsuits to seek compensation for medical costs, financial losses, pain and suffering, or wrongful death.

Statutes of limitations for civil cases are as follows:

• Non-financial elder abuse: Generally must be filed within 2 years of when the abuse was discovered (or reasonably should have been discovered).
• Financial elder abuse: Claimants usually have up to 4 years from the date of discovery.

Exceptions and Extensions

California law recognizes that elder abuse cases are often complex, and the statute of limitations can be tolled (paused) or extended under certain conditions:

• Mental or Physical Incapacity: If the elder has dementia or another condition affecting memory or decision-making, the statute may be paused until they regain capacity or a legal representative acts on their behalf.
• Defendant’s Absence: If the perpetrator leaves California, the clock may stop while they are out of state.
• Delayed Discovery: If the abuse was not reasonably discoverable at the time it occurred, the statute can be extended. This rule is especially relevant in cases involving long-term patterns of neglect or abuse.
• Continuing Course of Conduct: When abuse occurs over an extended period, the law may treat it as a continuing violation, extending the filing period.

Because of these complexities, it is crucial to report abuse as soon as possible and seek legal guidance quickly.

Mandatory Reporting in California

California imposes mandatory reporting requirements for professionals who interact with seniors, including:

• Doctors, nurses, and other healthcare providers
• Social workers
• Law enforcement personnel

If these professionals suspect abuse, they are legally required to report it to Adult Protective Services (APS) or local law enforcement. Failure to report can carry its own legal penalties.

Seeking Legal Guidance

If you are considering legal action related to elder abuse, consulting an experienced elder abuse attorney is strongly advised. An attorney can:

• Clarify which statute of limitations applies to your case
• Ensure deadlines are met
• Help pursue both criminal accountability and civil compensation

Because deadlines vary depending on the type of abuse, the victim’s circumstances, and when the abuse is discovered, speaking with an elder abuse lawyer as soon as abuse is suspected is the best way to protect the victim’s rights.