Elders and dependent individuals are, unfortunately, common targets for financial exploitation. It's made worse by the fact that the perpetrators are always people they know. There is no end to the types of financial violence that can be perpetrated against dependent and elderly people. A California Criminal Law Attorney will know how to handle the case. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Find A California Criminal Lawyer for Elder Financial Abuse Charges

Financial abuse is described differently in each state, but it typically involves someone in a position of trust or confidence misusing, manipulating, cheating, or fraudulently acquiring the assets of a vulnerable adult for personal gain.

Elders, also known as senior citizens in California, are people aged 65 and up. Adults between the ages of 18 and 64 that have physical or mental disabilities that preclude them from undertaking daily tasks to protect themselves from financial damage are classified as dependent adults. Any type of physical abuse, financial abuse, neglect, abandonment, alienation, kidnapping, or deliberate infliction of damage, pain, or mental distress on someone known as an elder is considered elder abuse in California. The following scenario is possible:

Perhaps the individual serving as power of attorney is using your loved one's money to make personal financial transactions.
Perhaps an elder's will or confidence was dramatically altered in the final months, weeks, or even hours of their existence at the behest of an opportunistic new spouse.
Perhaps one partner is misusing a joint bank account, leaving the injured spouse unable to pay for medical treatment.

California's Elder Fraud Laws

According to studies, having a once-in-a-lifetime experience does not imply that seniors are psychologically or emotionally prepared to make sound financial decisions. However, the risks are high because, once on a fixed income, seniors do not have the opportunity to start over or recover if they make major credit and debt mistakes. In reality, research shows that seniors perform worse on financial reasoning tests than teens, who are more prone to taking risks. Seniors, for example, will borrow at higher interest rates because they haven't done the math to figure out how much they'll owe. They overestimate the value of their homes and their own net worth. They also seem to be able to pay lenders higher fees. Seniors on a fixed income, on the other hand, have a smaller margin of error for these common blunders.

The senior community and care industry is one sector where financial exploitation is widespread. Negligence and quality of care issues have long been regulated in retirement communities and nursing homes. Many people are unaware, however, that California consumer protection laws still shield seniors from financial violence.

Nursing homes and retirement communities have grown in popularity. The community service model is being infiltrated by Wall Street funding, mostly from private equity funds. The line between faith-based organizations and for-profit companies is blurring. With a change of ownership comes a shift in management and attitude. Too often, the need to maximize income leads to less treatment or poorer quality care. Far too often, nursing homes and retirement centers bury financial elder violence in the fine print of senior living contracts. A California Lawyer might be able to explain the specifics depending on your case.

The majority of providers are satisfactory, and a few are exceptional in meeting critical needs for seniors and the community. However, there is fraud and corruption in the system, as in any sector. Those that are the victims of substandard nursing home care are among the neediest members of our society.

Some Telling Signs of Elder Financial Abuse

There are many indicators that someone you meet is a victim of financial elder violence. The following are examples of evidence that may suggest financial elder abuse:

Banking behavior that is inappropriate or suspicious
Signatures on checks that aren't the same as the elder's
Without the presence of disinterested witnesses, legal papers are signed.
Checks written to "cash" are negotiated by the individual in charge of the caretaker.
The senior signs the checks, but someone else fills them out.
An increase in activity in accounts that have been inactive for a long time.
Expensive or one-of-a-kind gifts
Direct mail or telemarketing ads checks or credit card purchases

Contributions to religious or non-profit organizations that have not previously been supported
Timeshares, real estate, annuities, and insurance products are all examples of sudden or new investments.
Large loans secured by real estate equity to fund acquisitions or gifts
When the elder loses mental ability, he or she signs a power of attorney, a will, a deed, or a trust.
The elder is putting a caretaker's or relative's name on real estate or bank accounts.
Cash, jewelry, and personal items have gone missing.
Recent friends or long-lost relatives appear or become interested unexpectedly.
A caregiver who takes an excessive amount of interest in the elder's financial affairs.
Any contracts signed by the elder without the assistance of a California Criminal Law Attorney.

A conservator, trustee, attorney-in-fact, or a person legally appointed as a guardian ad litem may bring a financial elder abuse lawsuit against a suspect, or if the elder is incapable of bringing the action, it may be brought by a conservator, trustee, attorney-in-fact, or a person legally appointed as a guardian ad litem. If the abused elder has died, the elder abuse case can be taken by a representative appointed by will or the court, a trustee, or any "interested party," which includes an heir, infant, partner, creditor, or beneficiary if the representative or trustee are the accused abusers. If you believe you or a loved one is a victim of elder financial violence, please contact us to see how our California Criminal Law Attorneys can assist.

Why are laws against the financial exploitation of the elderly in place?

Elder financial violence cost seniors aged 70 and up an average of $41,800 between 2013 and 2017. Worse, family members and friends have been identified as the primary perpetrators. Seniors that were taken advantage of by an unknown person lost an average of $17,000. Seniors who were duped by a friend lost an average of $50,200.

Despite the prevalence of elder financial violence, only about a quarter of cases are reported, mostly because the victim is unaware that it is occurring. Elder financial exploitation laws seek to address this pervasive issue by making it easier for seniors to assert their cases in court than it is for most other adults. You can ask your hire Los Angeles Lawyer if anything is unclear.

Most Common Cases Financial Abuse of the Elderly

Financial abuse of the elderly can take several forms. It may be visible or nearly undetectable, minor or serious, one-time or long-term. The most common types of elder financial exploitation are discussed below.

Theft

The most popular form of financial abuse of the elderly
Perpetrators also have direct contact with the victim.
Caretakers, for example, may use the money of elderly patients for personal purposes.

For instance, an adult child stealing items from their elderly parent's house.

Fraud

When an elder is purposefully deceived for the abuser's personal benefit, this occurs.
Medical, identity, check, credit card, and mortgage fraud

For example, a grandparent might give money to a grandchild for college, but the grandchild may spend it on vacation instead.
For example, an elder signing what they thought was a medical consent form but was simply a deed transfer.

Property Conversion

When elders give their property to their abusers under false pretenses, this happens.

For example, a friend can borrow an elder's car without intending to return it.
For example, an adult child can move into their elderly parent's home without informing them after they have been placed in an assisted-living facility.

Swindles/Scams

Strangers are increasingly targeting elders for financial exploitation.

Phone scams, email scams, sweepstakes scams, life insurance scams, and phishing are just a few examples.

What Kinds of Assets Are Typically Defrauded?

Elder financial abuse can lead to the illegal appropriation or use of money, either while the victim is alive or after they have died. Below are the different types of properties that can be seized as a result of financial fraud.

Present/Current Assets

Any of an elder's current assets, including cash, vehicles, homes, and other property, may be stolen, controlled, misused, or mismanaged by financial abusers.

Future Assets

Financial predators can use undue control, coercion, or deception to obtain an inheritance from their victims through a will or trust. They can even go after a decedent's life insurance benefits or bank account right after they die.

How Can You Prove Financial Exploitation of Elders?

Financial elder abuse can be considered a crime in some cases. Even if law enforcement may not have enough proof to prosecute anyone with elder financial abuse, there might be enough evidence to file a civil lawsuit for damages, land, and other things.

You and your California Criminal Law Attorney must prove financial elder abuse beyond a reasonable doubt in order to bring a criminal charge.
In civil litigation, the burden of proof is on the plaintiff to show that financial elder abuse happened more often than not.

It's important to remember that, unlike elder physical abuse cases, elder financial abuse cases do not have a higher standard of evidence, which means that there's no need to show recklessness or malice. The elder would be able to recover if the abuser was aware that their conduct might have affected the victim, and it can be proved that financial abuse occurred.

The procedure can be similarly complicated and frustrating for those wrongfully convicted of financial elder abuse in civil court. A Los Angeles Criminal Law Attorney who usually handles these cases must be skilled in both financial and personal inquiries. When defending a client, our skilled California Criminal Law Attorneys make every attempt to meet with the victim alone in order to ensure that no outside factors are interfering with the investigation's progress. A Los Angeles Criminal Law Attorney must be extremely cautious when reconstructing the true essence of events in cases involving families. Many cases are complicated and necessitate a thorough investigation.

Financial Abuse Claims: Undue Influence and Incapacity

Although undue power and incapacity are not required in order to file a claim for elder financial abuse, they are the root of many of them.

Undue Influence

When an individual uses unreasonable persuasion to gain control over an elder's property or wealth, they are considered to have used undue influence. Here are some examples of unfair influence:

A neighbor of an elderly person assists them around the house solely to persuade the elder to leave their home to them in their will.
Under the guise of caring for their dying parent, an adult child moves into their home with the intent of persuading the parent to make them the beneficiary of their life insurance policy.
While on their deathbed, an opportunistic new partner persuades an elder to add an amendment to their confidence, recognizing them as the sole beneficiary.

To establish disproportionate power, there must be ample proof that the financial abuser knew or should have known that their actions were financially detrimental to the elder. Similarly, the following factors must be considered when deciding whether a particular outcome was the product of undue influence:

The victim's susceptibility (i.e., whether the victim was mentally competent, disabled, educated, isolated).
The apparent authority of the influencer (i.e., whether the abuser was in a position of trust, like family, caretaker, a fiduciary, or religious figure).
The perpetrator's actions and strategies (i.e., whether the abuser withheld basic necessities, used coercion, kept the elder isolated).
The result's fairness (i.e., whether the elder drastically changed their previous intentions in their new estate plan, whether the elder left sizable gifts to non-family members).

One of the most relieving aspects is having a will that details your loved one's desires after his or her death. The will protects you and your loved ones from expensive legal trials and protracted probate procedures. However, the wishes expressed in the will do not always represent what you expect from the testator. There may be a variety of explanations for this, but one of the most common is the drafting of a will under duress.

Close Relationships

A confidential relationship between the testator and the defendant is required for undue influence in the development of a will to exist. When one person places their faith and trust in the loyalty and honesty of another, a relationship is formed. This isn't even a blood relationship. In most situations, excessive leverage in a confidential relationship occurs when a weaker, insecure party in a domestic, social, or personal setting is exploited by a stronger party.

Active Involvement

There should be some activity on the part of the defendant in obtaining various elements of the will. Active involvement entails more than the defendant recommending that the testator do something; it also entails the defendant assisting the testator in doing so.
This does not constitute active involvement if, for example, the testator goes to an Estate Attorney to draft a will followed by the defendant with no instigation or order from him or her.

Excessive Profit

The most blatant example of unfair interference in the writing of a will is this. Undue influence may be determined in a will contest by examining the defendant and testator's relationship. The court would also consider the deceased's previous statements of intent. These two items are weighed against the defendant's bequests to see if they are out of the ordinary.

Fraudulent activity

This is a factor in some cases of unfair influence, where the defendant makes false claims in order to persuade the testator to give him or her something. The most difficult factor in proving in the sense of undue control is fraud. This is because the argument may be unsupported by fact, and you may not be able to determine why anyone would make such claims.
Even if you have evidence that a defendant made a false statement, you must still show that he or she was aware that the statement was false. Many families and other relationships have been shattered as a result of will contests. Rather than ignoring the tampering with a deceased's wishes out of fear of shattered relationships, seek legal advice if you have any doubts. While it may not seem to be a good idea at the moment, it will clear up any questions and improve your future relationships while respecting the wishes of the deceased.

Incapacity

Incapacity refers to a person's mental state or lack of mental ability. Elderly people who are incapacitated are easy targets for financial manipulation because they are unable to notice. The following are some examples of incapacity contributing to the financial exploitation of the elderly:

An adult child takes advantage of an elderly parent's undiagnosed neurodegenerative disorder by informing the parent that they had agreed to leave them their home, prompting the parent to sign a deed transfer.
A caretaker steals valuable items from the home of the elderly person they are caring for, knowing that the robbery will go unnoticed due to the elderly person's diminishing competence.
An elder's power of attorney uses the elder's bank account to make personal purchases, recognizing that the elder may be unaware because they are in a hospital with severe life-threatening health problems that make it difficult for them to keep track of their finances.
When bringing elder financial exploitation allegations based on incapacity, it is important to remember that isolated cases of behavior on the part of elders will not suffice.
The elder must exhibit a pattern of behavior that indicates they are mentally ill.

Even if the court has not yet decided that an adult is incapacitated if it is proved that they were financially exploited while in this state, the judge may decide to rescind any transfers made or contracts signed by the elder during this time. A Los Angeles Criminal Attorney knows their way in the specifics of this case.

Taking Advantage of the Elderly

Scams take advantage of the fact that the older generation is mostly unfamiliar with technology. Since they don't know how to use mobile banking apps or websites, they can entrust their financial affairs to others. This makes it very convenient for someone who isn't trustworthy to take advantage of them.

Although, even the most tech-savvy seniors can be taken advantage of. Some of the schemes are extremely complex. Many elderly people are lonely, so when strangers pay attention to them, they are more likely to befriend them or welcome their business, even if the stranger has ulterior motives.

The elderly are often at a disadvantage because they may be weak or have mental capacities that are deteriorating. They can be easily confused or forgetful, and they may attribute oddities in their finances to those issues. They are often always reliant on others for assistance, and they may be forced to rely on strangers, such as caregivers.
Seniors may also be a good target since they are usually wealthier than younger citizens. They also have predictable patterns of action, which makes it much easier to pull off a con.

When fraud happens, it can involve unnecessary pressure or deception. An individual can take advantage of a situation by using an elder to get what they want.

Defending Against Fraud

In an ideal world, you or a loved one will never have to deal with financial violence. There are a few things you can do to avoid it:

Signing blank checks is not a good idea.
Give no one else access to your bank accounts.
Review financial statements on a regular basis.
Don't give in to peer pressure.
Don't leave valuables in plain sight where anyone will see them.
Learn about the most which types of scams.
Personal details should not be sent out over the internet.

Victims of Financial Fraud Among the Elderly Fail to Report

Unfortunately, most financial neglect of the elderly in senior citizen homes and elderly care facilities goes unreported. Older people who are victims of fraud do not report the violence to their relatives or coworkers for a variety of reasons, including:

Humiliation, embarrassment, and remorse are alleviated.
They are completely unaware that fraud is taking place.
They are afraid of getting into trouble.
Fear of retaliation by criminals or nursing personnel

The criminal is a close relative or acquaintance of the victim, and the victim wishes to shield him from the law.

Financial Abuse Perpetrated by Strangers

Fraud is described as the intentional deception of a victim by promising products, services, or other benefits that are either nonexistent, unnecessary, never intended to be given, or grossly misrepresented. There are hundreds of frauds, but perpetrators mostly target the elderly with a small subset of them. Frauds typically happen after a few encounters.

Prizes and sweepstakes.

The victim is usually told that he or she will win, or has already won, a "valuable" reward or a large sum of money. To pay taxes, delivery, or processing costs, the victim is required to submit money. The award can never be shipped, or if it is, it is normally costume jewelry or low-cost electronic equipment worth less than the money charged to claim it.

Investments.

Since many seniors live on fixed incomes, they often seek to maximize the value of their estate to ensure that they have enough money to meet their basic needs. Offenders use unrealistically high rates of return to induce the elderly to invest in precious jewels, real estate, annuities, or stocks and bonds in investment scams. Fake gemstones, uninhabitable land, or shares in a nonexistent or unprofitable business are popular investments.

Donations to charity.

Offenders take advantage of seniors' ability to support others by soliciting donations to nonexistent causes or religious groups, often by sweepstakes or raffles.

Repairs.

Offenders can prescribe a variety of bogus "emergency" home repairs, which often require a deposit. They can then fail to do any work at all, start but not complete it, or produce substandard work that needs to be corrected. Roof repairs, driveway resurfacing, waterproofing, and pest control are all common scams. Offenders are often transient, going from neighborhood to neighborhood, city to city, and even state to state. Dishonest auto mechanics may give customers false information about the need for such repairs, or they may bill for services or repairs that were not requested or completed.

Mortgages and loans.

When it comes to medical care or home repairs, seniors can find themselves short on cash. Predatory lenders may offer loans with exorbitant interest rates, secret penalties, and repayment schedules that are far beyond the reach of the elderly, often at the risk of losing their house, which has been used as collateral.

Health, burial, and life insurance.

Many seniors are worried about getting enough money to pay for medical care, a decent funeral, or to leave to loved ones after they pass away. Unscrupulous salespeople take advantage of the elderly's fears by selling them plans that either replicate current coverage, do not include the coverage provided, or are completely bogus.

Remedy for health.

The elderly often suffer from health issues that necessitate care. Taking advantage of this weakness, criminals sell a variety of ineffective treatments that promise "miracle cures." Unfortunately, many seniors put off appropriate care as a result of this false hope, and their health continues to deteriorate.

Travel offers.

Seniors, in comparison to younger adults, also have more free time and are drawn to low-cost vacation packages. However, many of these packages are significantly more expensive than market rates, provide subpar lodging, or fail to deliver on promised services.

Face-to-face communication.

Some product and service frauds (e.g., home and auto repairs) necessitate face-to-face contact with the victim at their home or at a company. Alternatively, a scammer poses as a service worker and enters the victim's home, distracting the victim while an accomplice burglarizes the house.

When Relatives and Caregivers are the Culprit

Unlike strangers, relatives and caregivers also have a relationship with the elderly that is built on trust. Financial abuse occurs when a perpetrator steals, withholds, or otherwise misappropriates the money, property, or valuables of their elderly victims for personal gain or benefit, to the elder's detriment. The following are some of their strategies:

Taking the elder's income, land, or valuables
Borrowing money and not repaying it (sometimes repeatedly)
To save money, facilities or medical treatment are being denied
Giving or selling the elder's belongings without his or her permission
Without approval, signing, or cashing pension or social security checks
Using ATM or credit cards without authorization or misusing them
distributing the elder's funds to family and friends
Forcing an elderly person to give up resources or sign over land

Deception, manipulation, bullying, mental violence, and false assurances of lifetime treatment are some of the techniques used by criminals. They even aim to keep the victim away from friends, relatives, and other interested parties. They prohibit others from inquiring about the elder's well-being or relationship with the perpetrator, the elder from advising others on important financial decisions, and, perhaps most sadly, they give the elder the feeling that no one else cares about him or her.

Furthermore, families and caregivers also take advantage of the following financial and legal arrangements:

Accounts under a joint name.

The offender has his or her name applied to the elder's bank account under the pretext of assisting the elder with his or her financial affairs, enabling the offender to deposit, withdraw, or transfer money. Threatening or coercing the elder into an agreement or obtaining consent despite the elder's limited capacity to make an informed decision are both possibilities.

Transfer of a deed or a title.

Property such as houses, real estate, and automobiles are transferred to the defendant by the elder. This may happen as a result of coercion or threats or as a result of a "gift" or other transaction that the elder does not fully understand.

Power of attorney and durable power of attorney.

These legal agreements empower someone to handle the elder's affairs on his or her behalf. When properly used, the legally appointed representative makes decisions in the best interests of the elder. When the agent persuades the elder to sign the contract, makes decisions or transactions that favor the agent at the expense of the elder, uses the power after it has been terminated, or uses the power for reasons other than those intended, it is considered misuse.

What Are the Benefits of Being Able to Prove A Financial Abuse Claim?

Unfortunately, many cases of elder financial exploitation go unnoticed. If you are an elder who thinks something is wrong with your finances, or if you are a loved one of an elder who wishes to assist the elder in filing a lawsuit to reclaim the property they have lost, it is critical to contact a California Criminal Lawyer as soon as possible before the abuser has a chance to cause further financial damage.

If you're concerned about the cost of filing an elder financial exploitation lawsuit, bear in mind that you only need to show that the financial abuse happened more often than not. If you can demonstrate this, you will almost certainly be entitled to recover attorney's fees and damages from the abuser.

Damages

Elders should be compensated for the financial damage they suffered as a result of the violence, as well as for the enjoyment they lost from their property during the period they were unable to access it.

Fees and Costs to Attorneys

If elder financial abuse is successfully proved in court, the court will grant the plaintiff legal fees and expenses incurred in action, which will be compensated by the perpetrator.

Damages that are doubled or tripled

If it is proved that the elder financial abuse was done in bad faith, damages can be doubled, and they can also be multiplied if the financial abuse was part of a scheme that specifically targeted elders.

Disinheriting the Abuser

If an abuser's inheritance is proven to be the product of elder financial abuse, the court can declare them disinherited.

Invalidate the Disputed Documents Order

If it is shown that elder financial abuse played a role in the formation or execution of a will or trust, the document can be declared null.

Restraining Orders

If an elder is the victim of financial harassment, the victim or another interested party may file a motion for a restraining order to stop the abuser from performing further acts of financial violence.

Restraining order petitions can be lodged by:

An adult protective services department in the county
An elderly person who has been the victim of financial elder abuse
The executor of the victim's estate
The person in charge of the victim's trust
A power of attorney for the victim
Guardian ad litem for the victim

Find A Elderly Financial Abuse Lawyer in Los Angeles

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What You Need To Know About Elder Financial Fraud in California