Financial Elder Abuse

As people age, they may turn to trusted family members, caregivers and financial advisors for assistance with financial matters.  When these chosen individuals assume a fiduciary role, they take on the responsibility to act ethically, legally and in the elder’s best interest.  In some situations the person in the fiduciary role may act inappropriately and unethically with the elderly person’s money, assets and financial structure.

California is a prime target for financial abuse as the nation’s highest retirement destination, with an estimated 3.9 million people over age 65 living in the Golden State in 2006. That same population is expected to jump to more than 9 million by 2020.

Financial abuse is one of the most underreported crimes due to the victim's embarrassment, fear of loss of independence, intimidation by the perpetrator and widespread lack of awareness that it is a crime. Victims of elder abuse, neglect and financial exploitation are 3.1 times more likely to die at an earlier age than are those not victimized

The Angell Law Firm, P.C. handles claims involving financial elder abuse.  Our attorneys protect the rights of the elderly who have fallen victim to financial abuse.

California has the broadest elder abuse laws of any state.  In California, financial elder abuse laws apply to anyone 65 or older regardless of whether they have any diminished physical or mental capacity.  According to California State Welfare and Institutions Code, Section 15610.30, financial abuse is "a situation in which a person, including but not limited to, one who has care or custody of or who stands in a position of trust, of an elder or dependent adult, takes, secretes, or appropriates their money or property, to any wrongful use, or with the intent to defraud."
The definition of “wrongful use” is: if the person “knew or should have known that this conduct is likely to be harmful to the elder.”  Cal. Welfare & Institutions Code §15610.30.brought by one party against another without any allegation that a crime has been committed.

Attorneys at The Angell Law Firm are dedicated to protecting the rights of those who are often too ill or incapacitated to care for themselves.  In exploring avenues to protect an elder’s rights, they will look at scenarios including:

  • Financial exploitation
  • Financial manipulation
  • Placing undue influence over a person’s estate plans
  • Theft, stealing and/or fraud
  • Identity theft
  • Denying elderly person access to their bank accounts
  • Change of Estate Plan – Including changes to Trustee or Executor

Our attorneys prepared to help you explore your options and answer any questions you may have.
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