Assisted living facilities allow seniors to maintain a degree of independence while being part of a community with access to medical care. To ensure your loved one receives the right standard of care, it’s important to thoroughly research as many facilities as you can before they commit to becoming a resident.

According to a recent Forbes article, the Los Angeles area has around 1500 assisted living communities. Costs vary wildly depending on a facility’s location, size and amenities, and the mobility and needs of the resident. The 2023 Genworth Cost of Care Survey put the median cost of assisted living in Los Angeles at $5748; high-end facilities may charge as much as $12,000 for accommodation, with extra fees for additional levels of care.

With so much choice and such high costs, determining the best place for your loved one can be overwhelming. A systematic research process is therefore essential. This process can be divided into two phases: Online and On Site.

Online Research

Online reviews give first hand accounts of assisted living facilities in Los Angeles, helping you narrow down your search to a shortlist of places you can visit in person. This phase of the research process will also help you determine which facilities are located close enough to family members that they can visit regularly.

Online reviews tell you things you won’t hear about on a guided tour of a facility, such as negative encounters with staff, or poor quality food. They may also shed light on what daily life is really like, rather than the carefully curated experience demonstrated on a guided tour.

On Site Tour

After identifying an assisted living facility as a potential candidate based on your online research, schedule a visit. Talking to facility heads & staff and touring the location can help you gain an insight into the workings and community culture of the facility.

Asking the right questions during your tour is crucial. Here are some key questions to ask, broken down into five categories: healthcare, food, lifestyle, staff training, and safety.

Healthcare

The ability of a facility to handle complex health conditions is a significant factor to consider. Key questions include:

• What is the medication management policy?
• What are the procedures for responding to medical emergencies?
• Is transportation to doctor’s appointments provided?
• Are on-site healthcare professionals equipped to provide care for specific conditions?
• Are there circumstances in which the community could not meet changing medical needs, or move the resident to a higher level of care setting?
• What might my loved one’s care plan look like, and how often is it updated?
• How does the facility deal with memory care issues that may evolve as my loved one ages?

Food

Food and nutrition is naturally a major consideration when choosing a facility. Ask about specific details of daily food provisions:

• Are dietary preferences and requirements provided for?
• How are portion sizes handled for varying appetites and health needs?
• Can residents obtain snacks outside of meal times?
• Are meals nutritionally balanced to meet the specific needs of each resident?

Lifestyle

Leading an active and socially engaged life is vital to overall health and wellbeing. Find out how an assisted living facility helps residents remain mentally and physically active, and involved in the social calendar of the community:

• What kinds of activity are available and how frequent are they?
• Are residents encouraged to participate in events on the calendar?
• Are amenities such as fitness centers, spas, music rooms etc available?
• Are common spaces such as lounges, dining rooms, and games rooms available for regular social events? What about gardens, courtyards, and other outdoor spaces?
• Can residents suggest their own ideas for clubs, events, and activities?
• Are there regular outings or ways for residents to be involved in the surrounding community?

Staff Training & Caregiving

Understanding the hiring, training, and caregiving processes of a facility helps you build a sense of how your loved one will be looked after. Ask:

• What is the caregiver-to-resident ratio? Does it fluctuate?
• What is the turnover rate for staff members?
• How many staff are on duty during the night shift?
• Are staff members trained for emergency evacuations?
• Does the facility have designated ‘disaster leaders’?
• Is there a registered nurse on site at all times?
• Are caregivers trained to handle unique resident needs eg diabetes or Parkinson’s?
• Do staff members work regularly and consistently with the same residents?
• Do staff members build a good rapport with residents?

Safety

Find out how a facility maintains safety standards by asking the following:

• How has the facility been rated in recent inspections?
• How frequent are the rooms and common areas cleaned?
• What accessibility features are available throughout the facility?
• What measures are taken to maintain a clean and safe environment?

Finally, if you have seen a negative review online, the tour is the perfect opportunity to raise it with staff. Not only will you find out if and how they plan to resolve the issue, you will see how they respond to conflict. A dismissive response is indicative of a facility that is ill-equipped to handle conflict resolution.

Regulations for LA Assisted Living Facilities

Assisted living facilities in Los Angeles are bound to adhere to regulations enforced by the California Department of Social Services, including:

• A signed admission from the resident within seven days of admission, including facility policies and description of services
• Provision of at least three meals per day and to meet daily recommended dietary allowances
• Minimum staffing requirements

The Department of Social Services must complete a survey before an assisted living facility can receive its license. Information on California’s regulatory policies can be found here.

Consulting an Assisted Living Attorney

If your loved one has been the victim of elder neglect or abuse in an assisted living facility, seek consultation with an experienced elder abuse lawyer.

Elder abuse affects thousands of vulnerable Californians every year. State laws provide a framework for pursuing both civil and criminal actions against perpetrators of elder abuse and neglect.

One of the most important elements of the legal framework around elder abuse in California is the statute of limitations – the time limit within which a person must initiate legal proceedings. For elder abuse in California, the statute of limitations can vary depending on the nature of the abuse and the type of legal action being pursued.

Civil lawsuits and criminal prosecutions have different timelines for (and slightly different definitions of) elder abuse.

Criminal elder abuse occurs when a person knows the victim is elderly (65 years and older). Willfully causes or permits that elder to suffer, or inflicting unjustifiable physical pain or mental suffering. Criminal elder abuse is covered by California Penal Code Section 368. Cases were brought by the state, with prosecutors and victims working together to hold abusers accountable.

The statute of limitations for felony elder abuse is generally 3 years from the date the offense was committed. For misdemeanor elder abuse, the statute of limitations is typically 1 year from the date of the offense. These periods can be extended if certain conditions, such as the discovery of new evidence, are met.

Civil law defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering to a person who is 65 years or older. It also includes deprivation of goods or services that are necessary to avoid harm and mental suffering. The statutory definitions of elder abuse are contained in the Welfare & Institutions Code Section 15610.

• Typically, non-financial elder abuse claims must be filed within two years from the date of the abuse
• Financial exploitation lawsuits typically allow claimants to file up to four years after the abuse is discovered

Several exceptions can extend – or toll – the statute of limitations, depending on the specifics of the case. Exceptions include:

• Mental/Physical Incapacity. If the victim suffers with dementia or is otherwise mentally or physically incapacitated, the statute of limitations may be tolled until they regain capacity
• Defendant’s Absence. If the perpetrator leaves the state of California, the statute of limitations may be tolled during the time they are absent from the state
• Delayed Discovery. The statute of limitations may be extended if the elder or their representative did not discover, or could not reasonably have discovered, the abuse within the usual timeframe

The discovery rules are particularly relevant in cases where abuse is not immediately apparent. Since physical abuse can occur over a long period, it is often difficult to pinpoint a specific injury and date. Victims suffering from disabilities or cognitive impairment can also struggle to remember specific details.

The “continuing course of conduct” principle recognizes that some forms of elder abuse may persist over an extended period. The statute of limitations can be extended to accommodate this principle.

Such contingencies are partly why it’s so important to report abuse as soon as it is suspected. The best way to ensure you meet the deadline is by talking to an experienced elder abuse attorney.

What are the six types of elder abuse?

Elder abuse refers to any form of mistreatment of a person aged 65 or older. It can take various forms, including:

• Physical Abuse: This involves intentional acts of violence that cause physical harm to the elderly person, such as hitting, kicking, or pushing.
• Emotional Abuse: This involves actions that cause psychological harm to the elderly person, such as name-calling, threats, or isolation.
• Financial Abuse: This involves the misuse of an elderly person’s financial resources, such as stealing money, forging checks, or pressuring them to make unwanted gifts.
• Neglect: This involves the failure to provide necessary care or services to an elderly person, such as food, shelter, or medical attention.
• Sexual Abuse: This involves any unwanted sexual contact with an elderly person, including rape, sexual assault, or exposure to sexually explicit material.
• Abandonment: This involves the desertion of an elderly person by a caregiver, leaving them without the necessary care or support.

Factors Affecting the Statute of Limitations in California Elder Abuse Cases

The statute of limitations in California for elder abuse cases can vary depending on several factors, including:

Mental Incapacity of the Victim

If the victim of elder abuse is mentally incapacitated and unable to understand the nature of the abuse or report it, the statute of limitations may be tolled (suspended). This means that the period for filing a lawsuit does not begin until the victim regains their mental capacity or the abuse is discovered.

Relationship Between Victim and Abuser

The relationship between the victim and abuser can also affect the statute of limitations. In cases where the abuser is a family member or caregiver, the statute of limitations may be tolled until the victim is no longer dependent on the abuser or the abuse is discovered.

Fiduciary Relationship

A fiduciary relationship exists when one person places trust and confidence in another to act in their best interests. If the abuser is in a fiduciary relationship with the victim, such as a guardian, conservator, or financial advisor, the statute of limitations may be tolled until the victim discovers the abuse or the fiduciary relationship ends.

Other Factors

In addition to the factors mentioned above, other factors that can influence the statute of limitations in California elder abuse cases include:

• The specific type of abuse: Different types of elder abuse may have different statutes of limitations.
• The jurisdiction in which the abuse occurred: The statute of limitations may vary depending on the county or state where the abuse took place.
• Any applicable exceptions or limitations: There may be exceptions or limitations to the statute of limitations in certain cases.

Consequences of Missing the Statute of Limitations in California Elder Abuse Cases

If you file an elder abuse claim after the statute of limitations has expired, your case is likely to be dismissed. This means that you will be unable to recover from any damages or obtain justice for the abuse you or your loved one has suffered.

Potential Consequences of Missing the Statute of Limitations:

• Loss of Legal Remedies: Once the statute of limitations has passed, you will have lost your opportunity to pursue legal action.
• Emotional Distress: The inability to seek justice can cause significant emotional distress for both the victim and their family members.
• Financial Hardship: Elder abuse can lead to substantial financial losses. If you are unable to recover these losses due to a missed statute of limitations, it can have a severe impact on your financial well-being.

Importance of Seeking Legal Advice Promptly:

If you are considering legal action related to elder abuse, consult an attorney who specializes in elder abuse cases. They can provide guidance on the statute of limitations applicable to your situation and help you understand your rights and options.

By consulting with an attorney, you can:

• Protect Your Rights: An attorney can help you take steps to preserve evidence and protect your rights.
• Determine the Statute of Limitations: An attorney can research the applicable statute of limitations and advise you on the deadlines for filing your claim.
• Explore Legal Options: Even if the statute of limitations has nearly expired, an attorney may be able to identify potential exceptions or alternative legal remedies.

Tips for Filing an Elder Abuse Claim in California

If you or a loved one believe you have been a victim of elder abuse, here are some practical tips to help you navigate the process:

1. Gather Evidence:

• Document of Abuse: Keep a detailed journal or diary of the abuse, including dates, times, and specific incidents.
• Collect Physical Evidence: If possible, gather any physical evidence, such as photographs, medical records, or financial documents that support your claims.
• Obtain Witness Statements: If there are witnesses to the abuse, ask them to provide written or recorded statements.

2. Report Abuse:

• Contact Law Enforcement: File a police report and provide as much detail as possible about the abuse.
• Notify Adult Protective Services: Report the abuse to your local Adult Protective Services agency, who can investigate the matter and provide assistance.
• Inform Other Relevant Agencies: Depending on the nature of the abuse, you may also need to notify other agencies, such as the Department of Social Services or the Department of Health Care Services.

3. Seek Medical Attention:

• Address Physical Injuries: If you or your loved one has suffered physical injuries, seek medical attention immediately and document the treatment.
• Evaluate Emotional Well-being: Elder abuse can have a significant impact on mental health. Consider seeking counseling or therapy to address emotional trauma.