June 2017 LACBA MCLE Test and Answer Sheet

Test No. 268: Preserving the Golden Years

To access the article related to this test, please click here.
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-study activity.

6. For future reference, please retain the CLE test materials returned to you.


Test Sheet

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Residential care facilities for the elderly (RCFEs) are not subject to state licensing laws and regulations.

2. A dependent adult is a person between 18 and 65 who has physical or mental limitations that restrict the individual’s abilities to carry out normal activities or to protect his or her rights.

3. The statute of limitations on theft does not begin to run until the crime is discovered.

4. There is a five-year enhancement for felonies against elders over 70.

5. Reportable incidents of abuse need only be reported to law enforcement.

6. Both the Health Insurance Portability and Accountability Act (HIPAA) and California law require disclosure of privileged information to law enforcement.

7. Only the staff of RCFEs, and not the facilities themselves, who cause or permit a resident to die may face potential manslaughter charges.

8. A charge of sexual battery on an institutionalized victim requires that the victim be an in-patient receiving medical or psychiatric care and either seriously disabled or medically incapacitated.

9. Criminal neglect of an elder or dependent adult is defined as simple negligence.

10. HIPAA forbids all sharing of private information.

11. A criminal jury may be instructed on the theory of undue influence.

12. Long-term facility patient records are not obtainable by search warrant per HIPAA.

13. In a case of felony elder abuse, juries need not unanimously agree on one action that was likely to produce great bodily harm or death.

14. Chemical restraint is a form of false imprisonment.

15. Negligence in a manslaughter case is judged subjectively.

16. Neglect is defined, in part, as permitting an elder or dependent adult to endure mental suffering.

17. Falsification of medical records is a specific intent crime.

18. It is a defense to a charge of criminal neglect that the victim was resistant to care.

19. Licensing laws for RCFEs extend to subsidized public housing, private homes, and senior housing complexes.

20. A facility that does not comply with records requests from law enforcement is immune from charges of obstruction of justice.


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.