3112. "Dependent Adult" Explained (Welf. & Inst. Code, § 15610.23)

A "dependent adult" is a person between the ages of 18 and 64 years [insert one of the following:]

[who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights. This includes persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age.]

[who is admitted as an inpatient to a [insert 24-hour health facility].]

Directions for Use

Read the alternative that is most appropriate to the facts of the case.

Sources and Authority

Welfare and Institutions Code section 15610.23 provides:

(a) "Dependent adult" means any person residing in this state between the ages of 18 and 64 years 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.

Welfare and Institutions Code section 15610.25 provides:

" 'Developmentally disabled person' means a person with a developmental disability specified by or as described in subdivision (a) of Section 4512."

Secondary Sources

California Elder Law Litigation (Cont.Ed.Bar 2003-2005) § 6.22

1 California Forms of Pleading and Practice, Ch. 5, Abuse of Minors and Elderly, § 5.31 (Matthew Bender)

(New September 2003)