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.
Our dedicated elder financial 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.
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.
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
Signs of financial elder abuse that should not be ignored:
- 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.
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 today for a free case evaluation with an Orange County financial elder abuse lawyer today.
OC Trial Group, APC are financial elder abuse attorneys based in Orange County, with offices in Newport Beach and San Juan Capistrano. We also serve clients throughout California, including Westminster, Tustin, Irvine, Buena Park, Laguna Hills, Fullerton, Newport Beach, Fountain Valley, San Juan Capistrano, Costa Mesa, Garden Grove, Stanton, Cypress, Anaheim, Mission Viejo, Laguna Niguel, Brea, and Dana Point.