Financial Elder Abuse

Under California Welfare and Institutions Code Section 1516510.30, financial elder abuse occurs when a person:

  • takes, appropriates, or obtains the property of an elder for a wrongful use or with intent to defraud;
  • assists in taking, appropriating, or obtaining the property of an elder for a wrongful use or with intent to defraud; or
  • assists in taking, appropriating, or obtaining the property of an elder for a wrongful use or with intent to defraud.

This definition applies to both real and personal property, and it applies to dependent adults as well as elders. When a plaintiff prevails in an action alleging financial abuse of an elder, that plaintiff is entitled to damages for emotional distress or mental anguish, in addition to the financial damage incurred. California law also provides for punitive damages, under which the plaintiff can secure treble damages from the defendant in addition to having that defendant pay for the plaintiff's attorney's fees and costs.

Our trust and estate litigation practice at White and Bright includes assisting clients with situations involving financial abuse of an elder through wrongful deprivation of property injurious to the elder. We fully utilize California’s extensive body of laws that protect elders from the catastrophic effects of financial abuse conducted by a caretaker, family member, friend, neighbor, or any other person who has malicious intentions.

Financial elder abuse can involve many different ways of overcoming an elder’s free will and exploiting that person's vulnerabilities. Whether the abuse involves depriving an elder of life’s necessities or manipulating the elder by affection, intimidation, or coercion to achieve the wrongdoer’s malevolent goals, our attorneys aggressively pursue all available remedies to protect elder clients and redress the damage done. We also represent clients facing claims related to financial abuse of an elder and ensure a vigorous defense in those situations.

We welcome you to contact us about our services related to the financial abuse of elders.