3103. Neglect Essential Factual Elements (Welf. Inst. Code, § 15610.57)

3103. Neglect--Essential Factual Elements (Welf. & Inst. Code, § 15610.57) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/[name of decedent]] was neglected by [[name of individual defendant]/ [and] [name of employer defendant]] in violation of the Elder Abuse and Dependent Adult Civil Protection Act. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [[name of individual defendant]/[name of employer defendant]'s employee] had a substantial caretaking or custodial relationship with [name of plaintiff/decedent], involving ongoing responsibility for [his/her] basic needs, which an able-bodied and fully competent adult would ordinarily be capable of managing without assistance; That [name of plaintiff/decedent] was [65 years of age or older/a dependent adult] while [he/she] was in [[name of defendant]'s/[name of employer defendant]'s employee's] care or custody; That [[name of individual defendant]/[name of employer defendant]'s employee] failed to use the degree of care that a reasonable person in the same situation would have used in providing for [name of plaintiff/decedent]'s basic needs, including [insert one or more of the following:] [assisting in personal hygiene or in the provision of food, clothing, or shelter;] [providing medical care for physical and mental health needs;] [protecting [name of plaintiff/decedent] from health and safety hazards;] [preventing malnutrition or dehydration;] 2. 3. 3103. Neglect--Essential Factual Elements (Welf. & Inst. Code, § 15610.57) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [insert other grounds for neglect;] 4. 5. That [name of plaintiff/decedent] was harmed; and That [[name of individual defendant]'s/[name of employer defendant]'s employee's] conduct was a substantial factor in causing [name of plaintiff/decedent]'s harm. ________________________________________________________________________________ New September 2003; Revised December 2005, June 2006, October 2008, January 2017