Elder financial abuse can come from strangers, family members, friends, caregivers, and even fiduciaries. This crime impacts thousands of seniors every year. Those who exploit elders use their positions of trust, and a senior’s mental impairments or confusion, to commit financial fraud. Elder financial abuse refers to any person over 65 being taken advantage of. It can lead to a loss of funds, bad investments, or changes in a will or trust.
California law aims to protect seniors from financial abuse. If you or a loved one has been a victim of elder financial abuse, it is essential that you protect your rights with a financial elder abuse lawyer.
If you are being taken advantage of, or you see a loved one being exploited, you need the care and guidance of an experienced Newport Beach financial elder abuse attorney. You deserve a lawyer who can give your case individualized legal care and compassion.
At Ross Law Group, APC, our attorneys have more than 21 years of experience protecting elders from financial elder abuse. We have handled many financial elder abuse cases. We can help with cases involving breach of fiduciary duty, trustee removal, and elder abuse restraining orders. We can also aid in other legal services and protections for elders.
Financial abuse can occur to anyone over the age of 65. A victim can also be a dependent adult whose money or assets were mismanaged, stolen, or misused. Under California law, financial abuse of an elder refers to:
An elder’s property refers to any real or personal property. Real property is any real estate, while personal property is the rest of an estate, including money and expensive assets. Taking this property includes both physically removing the property and removing their right to the property, even if the physical property is still in the elder’s possession.
Undue influence refers to a person acting with negative intent who exerts their will over a vulnerable person, in this case, an elder. This person convinces or coerces the elderly person to provide them with money, assets, deeds, real estate, or other property. To establish the use of undue influence, specific behaviors must be established, including:
Whether undue influence is determined to have occurred will depend on these factors. To prove this in a financial elder abuse case requires the help of an elder abuse attorney.
An attorney can advocate for your interests or those of a loved one. They can work to ensure that financial losses are properly compensated. An attorney can protect the rights of the elder who was taken advantage of and defend them in litigation. If a person is engaged in unsavory or illegal practices to defraud you or a loved one, it is unlikely that you can win a case against them without a skilled attorney. Your attorney can help you gather evidence to prove there was undue influence or that you suffered economic losses. They can give you the greatest chance of succeeding in the case.
Financial abuse can sometimes be hard to see, as it is likely to occur over a longer timeframe through gradual persuasion or coercion. Signs that a loved one is being taken advantage of include:
Not all these are sure signs of financial abuse. Each of them can have reasonable explanations. It may be useful to talk with an elder financial abuse attorney if you are not sure if these occurrences are the result of abuse. An attorney can also help you determine your next legal steps.
Financial abuse of an elder can present itself in many ways. These include:
Undue influence is the fault of someone in a position of authority and close to the elder. However, not all forms of elder financial abuse are so personal. Phone or email scams that target the elderly may also be considered elder financial abuse.
When you work with an attorney, they can also determine what paths are available to you for claiming compensation.
It can be difficult to prove financial abuse of elders. It can be particularly challenging when the person exerting influence provides seemingly legitimate reasons for the financial abuse. Other difficulties can arise if the elder in question is unable to provide testimony. In California, to prove financial elder abuse, you must prove:
The ideal way to get the necessary evidence is by working with an attorney who has experience with elder financial fraud and abuse. When you work with an experienced professional, they can know the ideal avenues to pursue. They can also determine how to keep your loved one safe during and after the case.
Under California law, elders and dependent adults are protected from financial abuse. There are ways you can recover economic and property damages under the law. If you or a loved one has suffered undue influence, economic losses, or other forms of elder financial abuse, you need to take the legal steps necessary to protect yourself and your family. If you need legal representation to regain compensation for the losses you suffered, contact the attorneys at Ross Law Group, APC. We can offer you the counsel you need and ensure that you are taken care of.