What is the definition of "neglect" under the Elder Abuse Act?

For purposes of the Elder Abuse Act, neglect is the "negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise." ( 15610.57, subd. (a)(1).) Neglect includes "[f]ailure to assist in personal hygiene," "[f]ailure to provide medical care for physical and mental health needs," "[f]ailure to protect from health and safety hazards," and "[f]ailure to prevent malnutrition or dehydration." ( 15610.57, subds. (b)(1)-(4).) Neglect thus incorporates "the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations." (Delaney v. Baker (1999) 20 Cal.4th 23, 34.) When the medical care of an elder is at issue, "the statutory definition of 'neglect' speaks not of the undertaking of medical services, but of the failure to provide medical care." (Covenant Care, supra, 32 Cal.4th at p. 783.)

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