“Plaintiff claims that He/Decedent was neglected by Defendant in violation of the Elder Abuse and Dependent Adult Civil Protection Act. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant had a substantial caretaking or custodial relationship with Plaintiff/Decedent, involving ongoing responsibility for his basic needs, which an able-bodied and fully competent adult would ordinarily be capable of managing without assistance; 2. That Plaintiff/Decedent was 65 years of age or older/a dependent adult while he was in Defendant’s care or custody; 3. That Defendant failed to use the degree of care that a reasonable person in the same situation would have used in providing for Plaintiff/Decedent’s basic needs, including: assisting in personal hygiene or in the provision of food, clothing, or shelter; providing medical care for physical and mental health needs; protecting Plaintiff/Decedent from health and safety hazards; or, preventing malnutrition or dehydration; 4. That Plaintiff/Decedent was harmed; and 5. That Defendant’s conduct was a substantial factor in causing Plaintiff/Decedent’s harm.”
[CACI Jury Instructions [citations omitted]]
