California Legislature (healthcare bills) · October 7, 2025 · Primary source
CA AB 251: Elders and dependent adults: abuse or neglect.
Summary
California AB 251, chaptered as Chapter 433, Statutes of 2025, amends the Elder Abuse and Dependent Adult Civil Protection Act to allow courts to apply a preponderance of the evidence standard, rather than the existing clear and convincing evidence standard, to claims against residential care facilities for the elderly, adult community care facilities, and skilled nursing facilities in cases where the defendant has committed spoliation of evidence. The lower evidentiary threshold applies to the full range of remedies available under the Act, including attorney's fees, costs, and damages. The provision becomes inoperative if CMS or a court determines that the state must reimburse those facility types under Medi-Cal for associated costs and the Legislature fails to appropriate sufficient funds.
What this may mean
SNFs, residential care facilities for the elderly, and adult community care facilities in California now face a lower evidentiary bar in elder abuse civil litigation when a court finds that the defendant engaged in spoliation of evidence. The change expands plaintiff-side litigation leverage in cases where records have been destroyed or altered, increasing exposure to enhanced damages and attorney's fees awards under the Act. A CMS determination that Medi-Cal reimbursement is required for associated costs, combined with a legislative appropriations failure, would render the provision inoperative.
Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.
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