Financial Elder Abuse Lawyers in Newport Beach
Elderly and dependent individuals are often targeted by unscrupulous people who take advantage of their financial vulnerability, causing great harm to victimized seniors. Sadly, the abusers themselves can be family members or people whom they placed their trust, causing irreparable damage to important relationships.
Innumerable ways elder financial abuse can manifest itself, leading to varying degrees of financial loss and emotional trauma. If you or someone you know is dealing with this issue, our elder abuse attorneys are here to help prevent further harm and protect your property from abusive individuals. Additionally, our committed legal team is well-versed in cases where innocent people are falsely accused of financial exploitation of elders, and is dedicated to defending their rights. We have the expertise and resources to investigate any allegations and construct a solid legal defense for those who have been wrongly accused.
Here are some signs of financial abuse to watch out for:
- Is someone who is serving as your loved one's power of attorney using their funds for their own benefit?
- Has someone close to an elder aggressively urged them to change their will or trust near the end of their life?
- Have you observed a disabled elder's spouse misusing money from a joint bank account, leading to inadequate healthcare for the elder?
OC Trial Group’s litigation attorneys are seasoned in the litigation of all varieties of financial elder abuse actions, with the expertise and experience to ensure a desirable outcome in any such matter. If you require our professional consultation or have any doubts, feel free to call us anytime. Our team will provide you with personalized advice on how we can help.
What Is A Financial Elder Abuse?
Financial elder abuse is a broad term that can encompass various actions taken by an unscrupulous individual(s) to exploit a vulnerable adult’s finances. In California, statutes exist to safeguard against these abuses, providing protection for elder and dependent adults.
An elder adult is someone aged 65 or older, and a dependent adult is someone between the ages of 18 and 64, lacking the physical or mental capacity to protect themselves against financial exploitation.
OC Trial Group specializes in litigating matters involving financial elder abuse and dependent elder abuse, helping clients bring or defend against such claims.
How a Probate Litigation Attorney Can Help You as an Financial Elder Abuse Lawyer in Newport Beach
A probate litigation attorney can provide crucial assistance in an financial elder abuse case. They can investigate the matter, gather evidence, and analyze financial records to establish the extent of the abuse. The attorney will advocate for the rights of the elderly individual, guide them through the legal process, and help recover misappropriated assets. They can also work towards holding the responsible parties accountable, whether they are family members, caregivers, or other individuals involved in the financial abuse.
Our FAQ
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When is the Best Time to Hire a Probate Litigation Attorney to Handle Your Financial Elder Abuse Case?
Hiring a probate litigation attorney for your financial elder abuse case is most advisable as soon as you suspect or discover any form of financial exploitation or wrongdoing against an elderly individual. Acting promptly is crucial to preserve evidence, gather witness testimony, and build a strong case. In many cases, elder abuse can be ongoing, so addressing it swiftly can prevent further harm. Legal professionals can assist in assessing the situation, guiding you on when to take legal action, and working to protect the rights and assets of the elderly person involved. Don’t delay; consult an attorney as soon as concerns arise to ensure the best outcome in your financial elder abuse case.
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Why Do You Need a Probate Litigation Attorney to Handle Your Financial Elder Abuse Case?
Securing the services of a probate litigation attorney for your financial elder abuse case is vital for several reasons. These attorneys possess a specialized knowledge of elder abuse laws and are well-versed in probate and estate matters, making them experts in handling such complex cases. They bring valuable experience in dealing with intricate legal disputes involving multiple parties, financial transactions, and mental health-related issues. Moreover, probate litigation attorneys have access to a network of professionals to gather evidence and expert testimony. They can navigate court procedures effectively, aim for favorable settlements, and are dedicated to protecting the rights and financial well-being of elderly individuals, offering cost-effective solutions where possible.
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What Are the Typical Fact Patterns for Financial Elder Abuse in California?
The spectrum of potential schemes that may fall under the purview of financial abuse remedies is remarkably diverse, making comprehensive coverage challenging. Nonetheless, each of these schemes generally exhibits characteristics of fraud, undue influence, and/or mistake. Here are some typical examples:
1. Family-Related Deception or Exploitation: Family members can sometimes resort to deceptive tactics to obtain a direct transfer of money or property or secure a favorable position within a testamentary document.
2. Misconduct by Caregivers: Caregivers, especially those providing in-home care, may engage in theft or deceitful practices involving property or monetary assets.
3. Misconduct by Lawyers or Accountants: Professionals in the legal and accounting fields may overstep boundaries in their interactions with elderly or vulnerable individuals, potentially leading to the loss of assets or property.
4. Unethical Behavior by Bank Personnel: Individuals working within financial institutions may exploit the trust and reliance of elderly individuals who are open about their financial matters.
5. Deceptive Practices by Insurance and Annuity Salespersons: The lucrative insurance and annuity industry may entice the trust and confidence of elderly clients who might purchase financial products like insurance policies or annuities when they do not actually need them. Consider the scenario of an 80-year-old individual purchasing a 25-year “guaranteed” annuity or a substantial life insurance policy with premiums that exceed their financial means.
6. Actions by Mortgage Brokers: Elderly individuals with relatively modest fixed incomes may be lured into taking out mortgages on their homes, even when they cannot realistically afford them. This can occur, for instance, to purchase a “guaranteed” annuity, or the loan costs may be unreasonably high.
7. Real Estate Dealings: Merely signing escrow instructions by a property owner with diminished mental capacity can be deemed financial abuse under the Welfare and Institutions Code.