Financial Elder & Dependent Adult Abuse

In California Elders and Dependent Adults are provided special protections under the law. We help you enforce that law in court and protect your loved ones from abuse by unethical care givers, parasitic family members and “new friends”.

Who Is Considered An Elder Or Dependent?

Elders and dependent adults are vulnerable populations that receive special protections under California law from people who seek to take financial advantage of them.  An “elder” is defined as anyone over the age of 65. A “dependent adult” is anyone between the ages of 18 and 64 years (whether they live independently or not) who has physical or mental limitations that restrict his or her ability to carry out normal activities OR to protect his or her rights.

What Is Financial Abuse?

Financial abuse occurs when a person or business takes, secretes, appropriates, obtains or retains, any interest in real or personal property from the elder or dependent adult, for a wrongful use, or with intent to defraud or both; assists in doing any of these actions; and does any of the above described acts through “undue influence” as defined in the Elder Abuse and Dependent Adult Civil Protection Act. A person or business is deemed to have committed financial abuse of an elder or a dependent adult if they knew, or should have known, that their conduct was likely to be harmful to the elder or dependent adult.

Forms Of Financial Abuse

There are many forms of financial abuse. Some are obvious such as outright theft of cash or property or forging the elder’s signature on checks. Others are less obvious, such as taking payment for services that are never provided, overcharging for home repairs or other services, misrepresenting an investment opportunity or other outright fraud.

Obviously, it is important to discover and put a stop to any financial abuse as soon as possible. It is sometimes a challenge because the elder or dependent adult may be embarrassed to admit they have been victimized, or may wish to protect the abuser.

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FREQUENTLY Asked Questions about

Elder Abuse

If you suspect a loved one is the victim of elder financial abuse or dependent adult abuse, then you are in the right place. Below is more information about various forms of abuse and what you can do to help.

What Are Signs Of Financial Abuse?

Evidence of financial abuse includes a sudden change in bank account balances, modifications to wills or trust documents leaving large bequests to care givers, transfers of assets such as bank accounts or real property to care givers or others, or the purchase of inappropriate investments. Another tipoff is a sudden change to Powers of Attorney for financial management.

Can I Get Reimbursed For Attorneys Fees in a Financial Elder Abuse case?

The laws protecting elders and dependent adults allow the court to order an individual who has been found to have committed abuse to reimburse you for the attorneys fees and costs required to bring such a case to court. As attorneys experienced with financial elder abuse claims, we can analyze your case and discuss legal and practical options to address the abuse.

What Can I Do If I Suspect that Someone Is A Victim Of Financial Abuse?

If you suspect that an elder or dependent adult is the victim of financial abuse you should immediately contact the local police, Adult Protective Services, or the District Attorney’s office.

You can also seek the advice of an attorney experienced in this area of the law. You should gather copies of bank statements, credit card receipts, home improvement invoices, deeds or any other evidence that shows questionable financial activities. There are court procedures that you can utilize to freeze financial accounts to protect them while the matter is investigated.

The laws protecting elders and dependent adults allow the court to order an individual who has been found to have committed abuse to reimburse you for the attorneys fees and costs required to bring such a case to court. As attorneys experienced with financial elder abuse claims, we can analyze your case and discuss legal and practical options to address the abuse.

How Should I Discuss Financial Abuse with an Elder or Dependent Adult?

When you suspect someone is taking advantage of an elder or dependent adult, you will need to remember that they don't want to appear weak or helpless. Elders have been making decisions and have been in charge of their own lives since they became adults. If you are their child they have been responsible for protecting you too. That's a lot of authority to give up, even when it's appropriate to accept help from someone else, particularly an adult child.  It's difficult for some people to recognize that they may need help from someone to maintain their lifelong independence and autonomy. So, when speaking to an elder or dependent adult, stay focused on the unfairness of what the abuser is doing, and reiterate that the current problems are not the victim's fault. You should not be perceived as taking over, instead you should be seen as someone to help the victim get justice.

Do You Have Additional Questions?

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If you would like to speak with an attorney about estate planning, probate, resolving an estate-related dispute or protecting your loved one from abuse, contact our office today.

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