Elder abuse doesn’t only take physical and emotional forms — it can also be financial in nature. Generally, financial elder abuse involves taking advantage of an older person and exploiting their financial resources. This type of abuse can take place in nursing homes, assisted living facilities, and it can even be committed by caregivers, guardians, or conservators. If you or a loved one has been subjected to elder financial abuse, it’s crucial to take swift legal action — and hold the wrongdoer accountable.
At White and Bright, LLP, we know how emotionally overwhelming a financial elder abuse matter can be. Our financial elder abuse attorney team aggressively pursues all available remedies to protect our clients and redress the damage done. We also represent clients who are facing claims related to financial abuse of an elder and ensure a vigorous defense in such situations.
Whether the financial abuse involves depriving an older adult of life’s necessities — or manipulating the elder by affection, intimidation, or coercion to achieve the wrongdoer’s malevolent goals — the economic and emotional consequences can be devastating. Specifically, under California Welfare and Institutions Code § 15610.30, financial elder abuse occurs when a person:
The above definition of elder abuse applies to both real and personal property. When a plaintiff prevails in an action alleging financial abuse of an elder, they may be entitled to damages for emotional distress or mental anguish, in addition to the financial damages they incurred. California law also provides for an award of punitive damages, which are meant to punish the defendant and deter others from engaging in similar misconduct. At White and Bright, our financial abuse attorney team fully utilizes California’s extensive body of laws that serves to protect elders from the catastrophic effects of financial abuse by a person who has malicious intentions.
As people grow older, they can become more vulnerable to financial abuse — particularly if they suffer from dementia, Alzheimer’s disease, or a cognitive impairment. Unfortunately, those who are closest to the elder or dependent individual are most often the parties who engage in this unscrupulous behavior. If you or a loved one has been subjected to financial elder abuse, it’s essential to have a skillful financial elder abuse attorney on your side who can conduct a thorough investigation and ensure the responsible party answers for the resulting damages. At White and Bright, we carefully evaluate the facts and circumstances of every case to develop a tailored strategy that will help to ensure a successful resolution is reached.
In our trust and estate litigation practice at White and Bright, we are committed to helping clients with a wide variety of situations involving financial abuse of an elder, including the following:
Financial elder abuse can be complex and difficult to prove. However, there are many signs of financial elder abuse, including unusual bank account activity, large withdrawals, changes made to accounts, unpaid utility bills, and unexplained modifications to estate planning documents. Other red flags can include notices from a mortgage or credit card company that payments have not been made — and valuables that have gone missing.
The financial elder abuse attorneys at White and Bright understand that emotions run high in these types of cases. Handling every matter involving the financial exploitation of an elder or dependent adult with compassion and attention to detail, we will walk with you through every step of the legal process to ensure that you or your loved one is protected. Whether your case can be resolved by negotiating a settlement, or litigation is required, we will work tirelessly to ensure the responsible party answers for their wrongful conduct.
If you or your loved one has been subjected to financial elder abuse — it’s vital to have an experienced attorney by your side who can work to recover your damages. At White and Bright, LLP, our financial elder abuse attorneys have the knowledge and skill necessary to secure positive results in even the most complicated cases. We welcome you to contact us online or call us at (760) 747-3200 to learn more about our trusts and estates litigation practice and the legal services we provide.