Financial Elder Abuse Big Law Experience with Personalized Representation ™

Orange County Financial Elder Abuse Lawyers

An alarming surge in financial crimes against the elderly has sparked concern in recent years. These individuals are frequently targeted by unscrupulous individuals who exploit their economic vulnerability, significantly harming these seniors. Tragically, these perpetrators can include family members or trusted individuals, causing lasting damage to crucial relationships.

An astonishing 3.5 million elderly adults face the devastating consequences of financial exploitation annually. These targets of unscrupulous fraudsters suffer a crushing average loss of $34,200. While fraudsters can target individuals of any age, the vulnerability of those aged 60 and above is particularly pronounced, with victims over 80 reporting even more substantial financial losses. 

Elder financial abuse can manifest in countless ways, resulting in financial losses and emotional trauma. If you or someone you know is grappling with this issue, OC Trial Group is here to prevent further harm and safeguard your assets. 

Our dedicated financial elder abuse attorneys in Orange County are well-versed in cases where seniors are victimized by financial abusers or where innocent individuals are falsely accused of financially exploiting elders. We possess the knowledge and resources to thoroughly investigate allegations and construct a robust legal defense for victims, their families, and those unjustly accused.

For a free case review with an Orange County financial elder abuse attorney, call (949) 270-3424 or contact us online

OC Trial Group offers free initial phone, videoconference, or in-person consultations at our San Juan Capistrano offices. Learn more about how the law can protect you and what our highly skilled legal team can do to safeguard your rights and advocate for your best interests in elder abuse, trusts, estates, and more. 

What Is Financial Elder Abuse?

Financial elder abuse is a comprehensive concept encompassing a range of actions perpetrated by deceitful individuals to exploit the financial resources of vulnerable adults. California laws have been enacted to combat these abuses, offering critical protection to elderly and dependent adults.

California defines an elderly adult as an individual aged 65 years or older. In contrast, a dependent adult falls within the age bracket of 18 to 64 but lacks the physical or mental capacity to shield themselves from financial exploitation.

OC Trial Group is vastly experienced in litigation cases related to financial and dependent elder abuse, serving as advocates for clients seeking to initiate or defend against such claims.

Warning Signs of Financial Elder Abuse

Warning signs of financial elder abuse that should not be ignored include:

  • Is someone holding Power of Attorney for your loved one using their finances for personal gain?
  • Has someone close to an elder aggressively pushed them to change their will or trust, particularly towards the end of their life?
  • Have you witnessed a disabled elder’s spouse misusing funds from a shared bank account, resulting in inadequate healthcare for the elder?

OC Trial Group’s litigation attorneys are seasoned professionals in handling various types of financial elder abuse cases, bringing the skills and experience necessary to secure favorable outcomes. 

The Legal Definition of Financial Elder Abuse

In California, understanding the legal definition of financial elder abuse is crucial. It encompasses a broad range of actions, including fraud, theft, and undue influence, which exploit the economic vulnerability of elderly individuals. 

Financial elder abuse occurs when someone, whether a family member, caregiver, or a third party, takes advantage of an elder’s trust or manipulates their financial affairs for personal gain. Recognizing these various forms of abuse is essential for effectively identifying and addressing such cases.

The following are examples of fraud, undue influence, and mistakes that can occur in elder financial abuse cases: 

  • 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.
  • Misconduct by caregivers: Caregivers, especially those providing in-home care, may commit theft or deceitful practices involving property or monetary assets.
  • 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.
  • 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.
  • 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 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.
  • 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.
  • 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.

Reporting & Legal Recourse for Victims

California has robust laws in place to protect its elderly population from financial abuse. If you suspect or have evidence of financial elder abuse, it’s imperative to report it promptly. 

You can contact Adult Protective Services (APS) or local law enforcement to initiate an investigation. Additionally, financial elder abuse victims have legal recourse to recover their assets and seek justice through civil litigation. Consulting with an attorney experienced in financial elder abuse cases can help victims navigate the legal process and pursue compensation.

Compensation for Elders in Financial Abuse Claims & Lawsuits

Elders have the right to seek various forms of compensation to recover their losses. 

Under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), victims may receive: 

  • Monetary recovery of stolen assets
  • Restitution for fraudulently obtained property or assets
  • Compensation for pain and suffering, including emotional distress
  • Compensation for legal fees incurred
  • Punitive damages when the conduct of perpetrators is especially malicious, oppressive, or fraudulent

It is crucial for victims and their families to seek legal advice to navigate the complexities of elder financial abuse cases and to ensure that all possible avenues of compensation are explored.

Big Law Experience with Personalized Representation Meet The OC Trial Group

Entrusting OC Trial Group with your Trust and Estate Litigation matter provides you with the assurance that your goals will be prioritized, ensuring client focused representation. 

How Our Financial Elder Abuse Attorneys Can Support Your Case

 Engaging with a qualified trust and estate litigation attorney experienced in financial elder abuse cases is crucial to addressing your unique circumstances and receiving personalized counsel and direction.

Our legal team at OC Trial Group provides the following services in supporting your case, whether you are seeking or defending against a financial abuse claim: 

  • Case assessment: We evaluate financial abuse cases by scrutinizing records and evidence and gauging the strength of the claim.
  • Thorough investigation: Our team delves into financial abuse matters, amassing evidence, conducting witness interviews, and collaborating with experts to construct a compelling case.
  • Tailored legal strategy: Our attorney formulates a customized legal approach to pursue justice and recover damages in financial elder abuse cases.
  • Advocacy and negotiation: Our team can champion your cause, striving for a fair settlement to compensate for financial losses and the harm inflicted by financial elder abuse.
  • Asset retrieval: We can assist in recovering misappropriated assets through collaboration with specialists, financial institutions, and accountants for effective tracing and retrieval.
  • Courtroom representation: In court, our attorney serves as your representative, presenting your case, skillfully cross-examining witnesses, and working towards a favorable judgment.

Prevention & Awareness

Preventing financial elder abuse is equally vital. Raising awareness about the warning signs and common tactics perpetrators use can empower elders and their families to stay vigilant. Common red flags include sudden changes in financial documents, unexplained withdrawals, and isolation of older adults from family and friends. 

Engaging in open conversations about financial matters and designating a trusted individual to oversee an elder’s finances can provide added protection. Through the collective efforts of raising awareness and proactively implementing preventive measures, we can collaboratively reduce the occurrence of California financial elder abuse.

Contact us online or at (949) 270-3424 for a free case evaluation with an Orange County financial elder abuse lawyer today. 

Continue Reading Read Less
OC Trial Group

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 949-270-3424 today!

  • 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.

  • 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.

  • 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.

  • What Remedies Are Available for a Prevailing Plaintiff in a Financial Elder Abuse Action in California?

    i. Attorneys Fees and Costs in Addition to Compensatory Damages

    Attorney fees and costs, in addition to compensatory damages and all remedies provided by law, are available. If a defendant is found liable for financial abuse by a preponderance of the evidence, the court shall award attorney fees and costs. This award encompasses the cost of services by a conservator devoted to the litigation of a financial abuse claim.

    It’s important to note that the remedy of costs, including attorney fees, is not contingent on an award of damages specifically for financial abuse. The plaintiff must demonstrate that the defendant committed financial abuse. Attorney fees are granted to the plaintiff exclusively. However, it’s essential to understand that attorney fees do not cover trustee fees as additional costs.

    In financial abuse cases, attorney fees are unilaterally awarded to the plaintiff. Furthermore, if all of the plaintiff’s claims, including the elder abuse claim, stem from a single transaction, attorney fees are not awarded to the defendant, even in non-elder abuse claims. Further, the fee shifting provision for attorney fees does not extend to other costs of the lawsuit.

    In summary, understanding the scope of financial abuse claims is crucial, as these claims can be valuable given the broad application of the Welfare and Institutions Code. Attorney fees are exclusive to plaintiffs and extend to claims arising from the same transaction addressed in the elder abuse action.

    The provision in the Welfare and Institutions Code that states “all other remedies otherwise provided by law” encompasses various legal actions, including those related to contracts, wills, and trusts. Even actions aimed at invalidating testamentary documents may make attorney fees and compensatory damages available under the Code.

    ii. General Damages for Pain and Suffering After Death

    Upon demonstrating by a preponderance of evidence that a defendant bears responsibility for financial abuse, and with clear and convincing proof of their reckless, malicious, fraudulent, or oppressive actions, it becomes possible to seek general damages for pain and suffering even after the victim’s passing. These damages can be pursued against an employer or principal without the need to establish authorization, ratification, or the involvement of a managing agent, which distinguishes it from cases involving “neglect” or “physical abuse.”

    It’s worth noting that recent statutory changes in Code of Civil Procedure § 377.34 have seemingly rendered the pursuit of pre-death pain and suffering damages in elder abuse cases obsolete. These changes allow for the recovery of such damages in various cases, including those of ordinary negligence or intentional tort, irrespective of the heightened culpability standards in elder abuse cases. Hence, it is advisable for plaintiffs to consider including claims of ordinary negligence alongside claims under the Code. Additionally, to circumvent the limitations of MICRA, plaintiffs should also consider incorporating allegations of intentional tort in conjunction with their claims under the Code.

    As per the statute, only claims for punitive damages in financial abuse cases are subject to the standards delineated in the California Civil Code. All other remedies provided by law can be pursued upon demonstrating financial abuse by a preponderance of evidence. If financial abuse is established with clear and convincing evidence, pre-death pain and suffering damages can be awarded, without the necessity of meeting the criteria set by the California Civil Code for punitive damages against an employer. This distinction creates a notable legal issue.

    It is especially important to remember that for living victims of financial elder abuse, remedies specifically available in financial abuse cases include compensatory damages, attorney fees granted exclusively to the plaintiff, and reimbursement for conservator expenses. However, it’s crucial to note that trustee expenses are not recoverable as costs.

    iii. Financial Abuse of Incompetent Victim

    When financial abuse targets an elder or dependent adult who lacks the capacity as defined under Probate Code Section 812 or is deemed to be of unsound mind, as defined by Civil Code Section 39, the individual responsible for taking the property is obliged to return it upon demand, which may be made on behalf of the elder or dependent adult. Failure to comply with this demand can lead to the application of remedies outlined in the Welfare and Institutions Code, including the possibility of incurring attorney fees and costs.

    Notably, if financial abuse targets an elder or dependent adult who lacks the capacity, there is no necessity to establish wrongful use, fraud, undue influence, or similar elements to prove financial abuse. When the property has been taken from an individual of unsound mind, and the demand for property return is inadequately met, the legal remedies for financial abuse become applicable. In essence, the individual who took the property is exposed to potential legal consequences solely by demonstrating that they failed to adhere to the request for property return or the restoration of the property interest to the victim.

    However, it remains unclear how this section applies to cases where mentally incapacitated or impaired victims did not transfer property interests but instead executed a will or other testamentary document directing the transfer of property. In such scenarios, only an expectancy, as recognized under property law, would have been established. Yet, when a will is executed, it sets in motion a process leading to the property transfer. Since the capacity standard for making a will is relatively low, and the capacity threshold under the Welfare and Institutions Code is higher, one could likely seek remedies under the Welfare and Institutions Code even for a valid testamentary bequest.

  • What is a Taking Under the Financial Elder Abuse Statutes in California?

    According to Welfare and Institutions Code, the terms “takes, secretes, appropriates, obtains, or retains” are clarified when an elder or dependent adult is deprived of any property right. In simple terms, if an elder or dependent adult is deprived of their interest in real or personal property, the defendant’s actions become legally actionable. The Welfare and Institutions Code further elaborates that these actions, such as taking or secreting, can occur through various means, including by agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or through a representative of the elder or dependent adult.

    In California case law, we find further insight into what constitutes a “taking”:

    1. It has been determined that the lawful foreclosure of the plaintiff’s property interests did not amount to financial elder abuse as it did not involve “wrongful use” of the property.

    2. It has also been determined that utilizing an invalid power of attorney to make property adjustments and encumber an elder’s property constituted financial elder abuse.

    3. A taking has also been found when an insurance agent restructured policies that impacted an elder’s estate plan. Even though the policyholders had transferred their interest in the policies to the trust years earlier, the increased cost to the plaintiff’s trust and the harm to property previously conveyed to the trust constituted a property taking by the settlors.

    The Welfare and Institutions Code seemingly suggests that a taking can occur when an elder or dependent adult’s property is subject to a “testamentary bequest.” While this broadens the scope of the Elder Abuse Act, typically a bequest does not deprive an elder of any property interest and merely establishes an expectancy in the beneficiary. However, the Act may apply when the testamentary plan effectively deprives the elder of the right to make an alternative disposition, either due to the form of the plan or the elder’s subsequent incapacity to make alternative arrangements, effectively removing the right to dispose of property. In such cases, the remedies under the Act may be applicable even when the elder retains other indicators of ownership, including property possession.

  • Are There Any Presumptions of Financial Elder Abuse in California?

    According to Welfare and Institutions Code, a person or entity is conclusively presumed to have engaged in actions like taking, concealing, appropriating, obtaining, or retaining property for wrongful purposes when, among other factors, they “knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.”

    This introduces a dual approach that combines subjective and objective elements to assess whether the conduct could result in harm to elders or dependent adults, encompassing both personal harm and harm to their property interests. The subjective knowledge requirement necessitates evidence of the individual’s actual state of mind, while the objective test seeks to determine whether a reasonable person would recognize that the conduct could likely cause harm, either to the victim personally or their property interests. This approach ensures a comprehensive evaluation of potential financial abuse situations.

  • What is Financial Elder Abuse in California?

    Financial abuse is comprehensively defined by the Welfare and Institutions Code and it encompasses various actions, including when a person or entity engages in the following activities:

    1. Taking, concealing, appropriating, obtaining, or retaining any interest in real or personal property with wrongful intent, the aim to defraud, or both.

    2. Assisting in any of the aforementioned actions.

    3. Employing “undue influence.”

    This definition ensures that a wide range of financial abuse situations are covered. In assessing whether undue influence was exerted, consideration of the following factors is necessary:

    1. The vulnerability of the victim.

    2. The apparent authority of the influencer.

    3. The tactics employed by the influencer.

    4. The fairness or equity of the resulting outcome.

    This holistic approach is designed to thoroughly evaluate potential instances of financial abuse. It’s worth noting that recent legal decisions have reinforced the significance of these considerations in cases involving financial abuse, highlighting their crucial role in determining the presence of undue influence.

OC Trial Group

Why Choose OC Trial Group?

  • A Personalized and Tailored Approach

    Our accomplished attorneys prioritize your goals and meticulously craft a winning strategy custom-made for your success.

  • Offering Free Initial Consults

    Learn how we can help during a free consult. You gain the assistance of a top-rated, dedicated, and results-driven team.

  • Our Track Record Speaks for Itself

    We strive for favorable outcomes and aim to alleviate your burden by shouldering the weight of your case, making your life easier.

OC Trial Group

Free Initial Consultation

Take the first step towards resolving your trust litigation concerns by booking a free case consultation with OC Trial Group’s experienced trust litigation lawyers today.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
OC Trial Group

Helpful Articles

  • Determining Whether a Decedent Had a Valid Will in California
  • How to Determine if a Decedent Had a Valid Trust in California