Financial Elder Abuse
Elder Abuse Services
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Elder Abuse
Elder abuse includes: (1) physical abuse, (2) neglect or (3) financial abuse. The state of California gives special protection to elders and dependent adults from abuse under the Elder Abuse and Dependent Adult Civil Protection Act. Recognizing that “elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect those persons,” the California Legislature enacted the Elder Abuse and Dependent Adult Protection Act.
TYPES OF ABUSE
Elder or dependent adult abuse includes:
- Financial abuse - includes taking, appropriating, obtaining or retaining real or personal property for a wrongful use, or with intent to defraud or by undue influence.
- Physical abuse - including assault, battery, physical or chemical restraint and deprivation of food or water.
- Sexual abuse - including incest, spousal rape, and lewd acts.
- Neglect - defined as the failure of any person having the care or custody of an elder or dependent adult to exercise the degree of care that a reasonable person would exercise, including the failure to assist in personal hygiene or to provide food, clothing, shelter or medical care.
Prevent Fraud and Financial Abuse
Ensure your golden years are free from legal worry with help from Lieb & Lieb Attorneys at Law. If you or your loved one over the age of 65 is being taken advantage of financially, turn to us for the proper representation. Financial elder abuse is when someone is taking advantage of California code 16500.
Financial elder abuse can be committed by family members, nursing homes, or even people you don't know. Let us help you recover your finances and ensure they're properly managed in the future.
Call Lieb & Lieb
today to discuss your case and receive a free consultation.
The Law of Elder Abuse
California Welfare and Institutions Code §15600 protects elders and dependent adults from many types of physical abuse, financial abuse and neglect.
An “elder” is any person residing in California, aged 65 or older. [Welf. & Ins. Code § 15610.27.] A “dependent adult” is any person residing in California between the ages of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities to protect his or her rights, including those who have physical or developmental disabilities or whose physical or mental abilities have diminished with age, regardless of whether the person lives independently. [Welf. & Ins. Code § 15610.23(a).]
“Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.
Demonstrating wrongful use and/or an intent to defraud can be done by proving the elements of a fraud cause of action. Demonstrating “wrongful use” only requires demonstrating the defendant knew or should have known this conduct was likely to be harmful to the elder or dependent adult. [Welfare & Ins. Code § 15610.30(b).
A person is also liable for financial elder abuse if he or she takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult, or assists in doing so, by undue influence. [Welfare & Ins. Code § 15610.30(a)(3).] “Undue influence” is excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and which results in inequity. [Welfare & Ins. Code § 15610.70(a).]
The taking of the property of an elder is not restricted to physically removing property from the elder’s possession. The law defines taking to include depriving an elder or dependent adult “of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.”
Financial elder and dependent adult abuse has been a long recognized and growing problem in this state. There are currently over 5 million elders in California, and that number is expected to rapidly grow as the population ages.
Remedies Available in Financial Elder Abuse Claims
An elder or dependent adult may recover compensatory damages, punitive damages plus reasonable attorney fees and costs.
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