Elder financial abuse by family members is more common than you may think, and California courts have been cracking down on it more and more in recent years. Sometimes called “senior fraud,” elder financial abuse can range from something as simple as stealing cash out of grandma’s wallet to something as sophisticated as taking control of an entire estate through high-level fraud schemes.
FULL ARTICLE: rmolawyers.com/elder-financia...
0:00 Introduction
1:40 What is an example of elder financial abuse?
2:40 Where do I report financial abuse of the elderly?
3:07 How to Report Elder Financial Abuse
3:41 Does California have a statute of limitations for financial elder abuse?
4:22 What do I do if I'm accused of financial elder abuse?
4:56 How do I prove financial elder abuse?
5:19 Someone has taken property from an elderly person without their permission
5:32 Someone has used fraud, coercion, or undue influence to wrongfully obtain property from an elderly person
5:40 Someone has knowingly assisted another person in perpetrating financial elder abuse.
5:54 Is there jail time for financial elder abuse?
6:15 What is the penalty for elder financial abuse?
6:31 What are California financial elder abuse punitive damages?
7:02 Can AARP help with elder financial abuse?
7:27 When should I contact an elder financial abuse attorney?
One of the most painful aspects of these cases is that it is often a trusted family member, friend, or caretaker who commits financial abuse against a senior loved one. Because of this, victims and their heirs are often reluctant to take appropriate legal action. While this is perfectly understandable, it’s important to note that elder financial abuse usually doesn’t result in criminal charges, meaning the offender will not go to jail or have a criminal record. And if you allow the abuses to continue unchecked, entire legacies can be lost in an alarmingly short amount of time.
"What is elder financial abuse?"
California Welfare and Institutions Code §15600 protects all adults ages 65 or older, and all dependent adults, from various types of abuse and neglect. Financial abuse of elders is an all-too-common offense, which occurs when a person:
“Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.”
“Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.”
“Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.”
For any of these causes of action, the person alleging the abuse must also show that the perpetrator knew or should have known that their act was likely to cause harm to the elderly or dependent victim.
"How to Report Elder Financial Abuse"
How and where to report elder financial abuse will depend on your state and its policies. In most states, you can report it either to local law enforcement or Adult Protective Services. Some states even have a hotline you can call.
It is important to note that reporting elder financial abuse is different from pursuing a legal remedy for it. If a victim or their loved one wants to be justly compensated or recoup their losses, they will need to hire a good elder abuse attorney to file a civil suit against the offender.
"When should I contact an elder financial abuse attorney?"
You should contact an elder financial abuse attorney the moment you suspect that someone is taking advantage of an elderly or infirm person for their own monetary gain.
We understand how stressful the prospect of litigation can be when the offender is a family member or friend, but in our experience, a financial abuser will not stop until someone holds them legally accountable. We strongly urge you not to wait until more damage has been done. If you wait too long to protect your inheritance, there may be no inheritance left to protect.
Have questions? At RMO, we protect people like you everyday.
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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
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