ATTORNEY NEWSLETTER
Financial Elder Abuse
Recovery For Victims
Elder abuse takes many forms and strikes seniors in Alameda County and throughout California every day. The elder abuse may be physical, emotional, or financial. The Alameda County and California elder abuse attorneys at Evans Law Firm represent senior victims of all forms of abuse. If you or someone you know is the victim of elder abuse in Alameda County or elsewhere in California, call Evans Law Firm today at 415-441-8669.
All forms of elder abuse can be devastating. Financial elder abuse or exploitation of a senior can be particularly devastating and often harder to detect than more immediately apparent physical abuse, for example. California law defines financial elder abuse broadly:
(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, as defined in Section 15610.70.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
Calif. Welf. & Inst. Code § 15610.30.
Examples of Financial Elder Abuse
Our Alameda County elder abuse attorneys have represented senior victims of all sorts of financial elder abuse. Examples include insurance agents who sell inappropriate or unsuitable insurance or annuities and pocket a large commission; caregivers who steal outright from a senior and/or exert undue influence over a senior to give them money, gifts, or even the senior’s home; trustees who misappropriate a senior’s assets held in trust; agents under a Power of Attorney who use the power for their own benefit; advisors who steer unknowing seniors into fraudulent investments, and more.
Our Alameda County elder abuse attorneys work on financial elder abuse cases every day. We know how to investigate suspected financial elder abuse and assemble the evidence to prove the elements of a case. Our attorneys pursue all available remedies for senior victims, including restitution, damages (plus extra damages under the applicable laws), and awards of attorneys’ fees and costs to the senior victim for bringing a successful civil action. You should always report any elder abuse to the local authorities including the police and Adult Protective Services but you should also contact counsel to pursue all your rights. Call us at (415)441-8669 when you first suspect a problem.
Prevention
If you’re a senior or the loved one of a senior be cautious in all financial matters. Know that anyone could be a potential financial predator. That’s a hard dose of reality, but true. We cannot stress enough that you should seek professional help whenever you first suspect financial elder abuse. Seek the advice of people you trust. Do not relinquish authority by a Power of Attorney to anyone unless it’s someone you completely trust. Make sure checks are kept in a safe place. If in-home care is required, do a thorough background check on anyone before hiring them. Dependent seniors are often victims of financial elder abuse by caregivers. Keep an eye out for strangers who suddenly become over-involved in a senior’s daily life. Don’t respond to door-to-door or phone or internet solicitations for money; these are the most recurring types of financial elder abuse. Lastly, if you’re a senior, don’t isolate; let loved ones and longtime friends and professionals help you just as you helped them in your younger years. If you’re the loved one of a senior stay involved and maintain daily contact. As the recent case involving a police officer suspected of financial elder abuse demonstrates, anyone may be a financial predator.
Contact Us
If you or a loved one been the victim of financial elder abuse or any other form of elder abuse in Alameda County, or elsewhere in California, contact Alameda County elder abuse attorney Ingrid Evans and the other Evans Law Firm elder abuse attorneys at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with all types of financial elder abuse, investment and securities fraud and annuity fraud. We can help guide your case through a jury trial, through a FINRA arbitration, or toward an equitable settlement. We handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
