What Is Considered Financial Elder Abuse in California?

Financial elder abuse involves the unlawful or improper use of an elder or dependent adult’s money, personal property, or assets by a caregiver, family member, or other trusted person.

Financial exploitation can severely impact an older adult’s well-being, undermining their health, safety, and emotional state. Here is a guide on the various forms of abuse, key warning signs, and crucial steps to prevent or address the mistreatment of an elderly person or dependent adult. 

If you or a loved one has experienced abuse, our compassionate California elder abuse lawyers can help. Schedule a free consultation at your earliest convenience.

What Is Considered General Elder Abuse?

Elder abuse is a rapidly increasing crime in the United States. As the population ages, more seniors depend on others for financial, medical, and daily living assistance. Unfortunately, this dependency makes an elderly person or dependent adult susceptible to exploitation.

In California, Penal Code § 368 PC makes elder abuse a crime. This includes the physical or emotional mistreatment, neglect, endangerment, or financial exploitation of anyone 65 years or older. 

An “elder or dependent adult” is defined as an older adult (typically age 65 or older) or a person between 18 and 64 with physical or developmental disabilities that restrict their ability to carry out normal activities or protect their rights. These limitations may be due to aging, developmental disabilities, or mental health conditions. Elder abuse can be charged as either a misdemeanor or a felony and result in prison time. Common examples of elder abuse include:

• Withholding food from an individual who is unable to self-care
• A caregiver’s severe ridicule of an elderly patient’s disability or state of health
• A trusted confidant manipulating a senior into naming them as a beneficiary in their will
• An elder or dependent adult with developmental disabilities or mental health issues being abused due to their physical or mental limitations

For those in Fresno, CA, or with loved ones in the Central Valley, it’s crucial to understand what constitutes elder financial abuse. Recognizing the warning signs, common perpetrators, and available legal protections can aid in early intervention and pursuing justice. Individuals with physical or mental limitations are at a heightened risk of abuse and subsequent emotional distress.

The Legal Definition of Financial Elder Abuse

Elder financial abuse is the act of someone illegally or improperly using an older adult’s money, assets, property, or other financial resources for their own benefit.

California defines “financial abuse” of an elder or dependent under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) as doing any of the following.

1. Takes, conceals, claims, obtains, or keeps an elder or dependent adult’s property right, including real property and retained property for wrongful use or with intent to defraud, or both
2. Assists in taking, concealing, claiming, obtaining, or keeping an elder or dependent adult’s real or personal property for wrongful use or with intent to defraud, or both
3. Takes, conceals, claims, obtains, or keeps, or assists in taking, concealing, claiming, obtaining, or keeping, an elder or dependent adult’s real or personal property through influence

Financial elder abuse in California involves any effort to steal, manipulate, or misuse an elder’s money or property without their explicit understanding or agreement. Common real-life examples include:

• Draining bank accounts
• Pressuring a senior to change a will or trust
• Convincing them to co-sign unnecessary loans
• Charging excessive fees for caregiving services
• Using their credit cards without permission
• Exercising undue influence to manipulate an elder into making a donative transfer, changing their estate plan, or altering a testamentary bequest
• Financial institutions committing abuse by seizing assets under false pretenses

Why Seniors Are at Risk for Abuse

California has a growing senior population with thousands of residents over the age of 65. Many live on fixed incomes, rely on Social Security, or own valuable assets like houses or retirement funds.

Older adults in Fresno and the Central Valley are often targets due to their fixed income, accumulated wealth, and increased vulnerability. Additionally, seniors may also:

• Be isolated from family support
• Rely heavily on caregivers
• Struggle with medical conditions such as dementia
• Lack technological skills to recognize online scams

Seniors with diminished capacity or impaired mental abilities may be less capable of protecting themselves from abuse, neglect, or exploitation. When a person lives independently but has limitations in his or her ability to manage finances, they are at greater risk of being targeted.

These factors create opportunities for abusers to manipulate trust or take advantage of confusion.

Who Commits Elder Financial Abuse?

You might assume strangers are the biggest threat, but research shows that most financial abuse happens close to home. Perpetrators are often caregivers, family members, or other representatives entrusted with managing the elder’s affairs.

Family Members: Unfortunately, adult children, grandchildren, or other relatives are often the perpetrators. They may feel entitled to an inheritance or exploit access to bank accounts, power of attorney, or household valuables.

Caregivers: Paid caregivers sometimes exploit elderly clients by stealing cash, jewelry, or convincing them to “gift” money for fabricated emergencies.

Trusted Advisors: Not all professionals act ethically. Unprincipled financial advisors, accountants, or even attorneys may misuse their position to redirect funds.

Strangers: While less common, seniors are frequent targets of telephone scams, phishing emails, door-to-door sales fraud, and lottery scams. In Fresno, there have been reports of fake contractors preying on elderly homeowners.

Financial Institutions: In some cases, nursing homes, banks, or insurance companies fail to protect seniors from unauthorized transactions, overbilling, or fraudulent contracts. If the entity knew about such unauthorized transactions or abuse and failed to act, it may be held liable.

How Abusers Take Advantage of the Elderly

Financial elder abuse typically involves a pattern of manipulation rather than isolated incidents. Negligent failure by those responsible for an elder’s care can contribute to financial exploitation, as a lack of proper oversight or action may allow abuse to occur. The following are common tactics:

Exploiting Cognitive Decline

Abusers target seniors with Alzheimer’s disease, dementia, or other cognitive challenges, knowing they may forget transactions or fail to question unusual charges.

Additionally, the misuse of chemical restraint or psychotropic medication can further impair an elder’s ability to recognize or resist financial exploitation.

Mental Suffering or Emotional Manipulation

Predators often exploit the elderly’s fear or loneliness, coercing them into surrendering money by threatening to withhold care.

Misusing Legal Authority

Family members with power of attorney or joint bank accounts may misuse their access to withdraw funds for personal use.

Investment and Insurance Scams

Fraudulent advisors may sell unsuitable annuities, high-fee products, or outright steal funds from retirement accounts.

Identity Theft

Thieves steal mail, Medicare information, or Social Security numbers to open fraudulent accounts or file false benefit claims.

Digital Scams

Phishing emails, fake IRS calls, or “tech support” scams are widespread. Many older adults, especially those unfamiliar with smartphones or online banking, are vulnerable.

Warning Signs of Elder Financial Abuse

Early detection of elder abuse can protect your rights or the rights of a loved one. Look for these common warning signs:

• Sudden changes in banking activity, like large withdrawals or new loans
• Unexplained transfers or checks written to “cash”
• Missing valuable possessions, like jewelry, electronics, or heirlooms
• Changes to wills, deeds, or trusts that favor new people
• Bills going unpaid despite adequate funds
• A new “friend” or caregiver exerting unusual control
• Signs of fear, confusion, or secrecy around finances
• Elderly person seems isolated or cut off from family
• Sudden decline in the elder’s ability to perform normal activities

California Laws Protecting Seniors and Dependent Adults

California has some of the strongest elder protection laws in the country. These protections are established through various statutes, including California’s health and safety code, which provides a legal framework for safeguarding the rights and well-being of elders.

Elder Abuse and Dependent Adult Civil Protection Act (EADACPA): Provides civil remedies for victims, including compensation for stolen property, emotional distress, and attorney’s fees. The EADACPA specifically provides these remedies when abuse of an elder or when abuse of a dependent adult occurs.

Penal Code 368: Makes elder financial abuse a crime, punishable by jail or prison time depending on the severity. Penal Code 368 also covers physical abuse, false imprisonment, and cases where great bodily injury is inflicted on an elder or dependent adult.

Mandatory Reporting: Healthcare workers, healthcare providers, financial institutions, and certain professionals are mandated reporters of suspected abuse. Banks must report elder financial abuse if they suspect or witness unusual financial activity involving an elder or dependent adult.

What to Do if You Suspect Elder Financial Abuse in Fresno, CA

If you or someone you care about may be a victim of abuse, it’s vital to act immediately. Here are the steps to take as soon as possible:

1. Secure Financial Resources

• Freeze or monitor accounts
• Cancel compromised credit cards
• Change online passwords
• Review recent transactions

2. Gather Evidence of Financial Exploitation or Physical Abuse

• Save suspicious checks, bank statements, emails, or contracts
• Keep a record of conversations with the suspected abuser
• Seek medical care and retain all medical records

3. Report Elder Financial Abuse

Elder abuse victims and their families have access to local resources and do not need to navigate these challenges alone. To report abuse or request assistance, contact the following:

• Fresno County Adult Protective Services (APS): Emergency (559) 600-3383
• Fresno County Adult Protective Services (APS): Non-emergency (800) 418-1426
• Fresno Police Department: Non-emergency (559) 621-7000
• Local Fresno County Law Enforcement Agencies, if theft or fraud is clear
• Bank or credit union to block unauthorized activity

4. Consult an Elder Abuse Attorney

An attorney specializing in elder financial abuse cases in Fresno can assist clients in filing civil claims for financial recovery or compensatory damages, navigating the claims process, and protecting his or her rights. Additionally, an experienced personal injury law firm can help you submit a financial elder abuse claim to the appropriate social services or authorities.

Preventing Elder Financial Abuse

Although no system offers absolute protection, these preventive steps can significantly lower the risk:

Ensure Financial Management

• Set up automatic bill pay to prevent unpaid utilities or fraud.
• Regularly review credit reports and bank statements.
• Avoid giving caregivers or acquaintances access to bank cards or online accounts.

Work with Trusted Advisors and Maintain Communication

• Use trusted financial advisors with verifiable credentials.
• Encourage seniors to discuss financial decisions with at least two trusted family members.

Exercise Safety Practices

• Keep valuables locked and limit cash in the home.
• Teach seniors about common scams (IRS calls, sweepstakes, fake contractors).

Why Hire an Elder Financial Abuse Lawyer in Fresno?

Considering the complex nature of these cases, which frequently involve emotional family disputes in addition to extensive financial records, an experienced elder abuse lawyer can offer vital legal support by:

• Investigating suspicious transactions
• Subpoenaing bank and property records
• Challenging fraudulent wills or contracts
• Filing lawsuits for stolen assets and damages
• Working with law enforcement agencies and APS
• Protecting the elder from future financial exploitation

Most importantly, a lawyer ensures that elders or dependent adults who have been victimized by abuse do not have to face abusers alone.

Attorney Jeff Car Accident Lawyer can provide the compassionate legal support needed during such a difficult time, recover stolen assets, and protect your loved one’s future.

Frequently Asked Questions About Elder Abuse

What qualifies as elder financial abuse in California?

Financial elder abuse involves any illicit or deceitful exploitation of an elder or dependent adult’s assets, whether real estate, personal property, or money. This includes, but is not limited to, theft, coercion, fraudulent schemes, or the misuse of a power of attorney.

Can family members commit elder financial abuse?

Yes. In fact, relatives are often the most common perpetrators, especially when they have access to accounts or property.

Is financial elder abuse a crime in California?

Yes. Under Penal Code 368, it can be charged as a misdemeanor or a felony depending on the severity.

What damages can victims recover in civil court?

Victims may recover the value of stolen assets, emotional distress damages, pain and suffering, attorney’s fees, and in some cases, punitive damages.

How do I report suspected elder abuse in Fresno?

Call Adult Protective Services in Fresno County at (800) 418-1426, contact local police, and consider reaching out to an elder abuse attorney to report any form of abuse.

Schedule a Free Consultation

Financial elder abuse strips seniors of their dignity, independence, and economic security. State laws, applicable in Fresno and statewide, offer legal and financial solutions, but prompt action is necessary.

Our California elder abuse attorneys can help secure finances, gather evidence, and achieve justice. If you suspect that you or a loved one has been exploited, Jeff’s got you. Contact us today and schedule a free consultation.