Neglect of your loved one

Pipaw

I have been told by several, that if I choose to leave my DW alone and she has an accident or even a fatal one, charges could be pressed against me for negligence and I could be put into prison. Have any of you ever heard of such law(s)? Not that it would make a difference in explaining this to my DW to reinforce the necessity of respite care, but I have told her this based on hearsay. I’m looking for factual information. Thanks!

Pipaw

Ed1937

I am not in law enforcement or legal advisor. But my take on this is that you should know if she is able to be left alone for a length of time. If she is capable of being left alone, I doubt there would be a legal problem if she should fall, and requite hospitalization. That can happen to any of us.  A diagnosis does not mean she is incapable, just as though many people diagnosed can still drive for a while, although they have to be watched carefully for indications they might be unsafe behind the wheel (others might have a different perspective on this). But if she obviously is confused or in any other way compromised, you certainly could be liable if you left her, and something bad happened. Even if nothing happened, and someone reported you, you could have your hands full of legal problems. No doubt about that.

Rescue mom

Yes, there are laws (at least in my state) regarding elder neglect, and with a large retirees and elder population, those laws are seriously enforced most places. Yes, people do go to jail for that. The prosecutor usually gets a lot of praise for enforcement and protecting seniors,  so they’re likely to pursue such cases. But context/circumstances are important.

Vehicle accidents that involve letting a person with dementia drive, usually result in at least lawsuits, and may also bring criminal charges depending on damage or injury. A Dx of dementia is usually a deal-ender, if a lawyer finds that Dx (and they look for it if seniors are involved), success is virtually guaranteed. That’s a different from neglect, although they can get tangled up together depending on the case.

abc123

Hi Pipaw, 

There are laws in every state about neglect/abuse. Hopefully Crushed will see this post and give you some good info.

In regards to your wife and explaining respite care, BLAME everything on the doctor!!!!

The doctor said you must stay here for respite so youll feel better.

The doctor said you must........

Recently, I blame everything on the doctor. Good Luck.

Jo C.

Every state has laws governing abuse and neglect; much are nearly the same.  In our state of California, it is penal code section 368; here is that penal code section:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=368&lawCode=PEN

When reading, do note that elder is over age 65; other dependent adults are up to age 64.  Also note, this penal code section applies the law not only for things DONE to a person, but also describes NOT doing what is necessary for the person making it  "potential for harm,"

All things need to be in context of course.

However, telling your wife that this is an issue; she will not be able to process or buy into that; as said, blame it on the doctor and use therapeutic fibs to gain the goal you need to reach.

J.