California Elder Fraud and Financial Abuse Litigation & Recovery Legal Services

Elder fraud and financial abuse are serious issues affecting many older adults in California. Vulnerable seniors may be targeted by individuals or entities seeking to exploit their assets, leaving them financially devastated. If you or a loved one is a victim of elder financial abuse, it’s important to take immediate legal action to stop the abuse and recover the misappropriated funds. Our legal team is dedicated to fighting for the rights of seniors and helping victims recover their losses through litigation and legal recourse.

What Is Elder Fraud and Financial Abuse?

Elder fraud and financial abuse occur when someone takes advantage of a senior citizen’s trust, cognitive impairments, or vulnerability to gain control over their financial assets. This abuse can be committed by:

  • Family Members: Relatives or caregivers who misuse their relationship with the elderly person for financial gain.
  • Scam Artists: Fraudsters who trick seniors into providing sensitive information or making payments through fraudulent schemes.
  • Professionals or Fiduciaries: Financial advisors, attorneys, or trustees who misuse their position of trust to steal or embezzle funds.
  • Caregivers or Healthcare Workers: Individuals who exert undue influence to manipulate elderly individuals into giving away their assets.

Common forms of financial abuse include forging signatures, misusing power of attorney, unauthorized withdrawals, or coercing the senior into signing over assets or making large financial gifts.

Legal Remedies for Elder Fraud and Financial Abuse

California law provides robust legal protections for elders who are victims of financial exploitation. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), victims and their families have the right to pursue both civil and criminal remedies to recover lost assets and hold perpetrators accountable.

1. Litigation for Financial Recovery

If elder financial abuse is suspected, our team can file a civil lawsuit on behalf of the victim to:

  • Recover Stolen Assets: We seek restitution for any funds or property wrongfully taken from the elderly individual.
  • Impose Damages: In cases of intentional abuse or fraud, courts may impose punitive damages to penalize the perpetrator.
  • Remove Abusive Fiduciaries: We can help remove individuals in positions of trust, such as guardians, trustees, or power of attorney agents, who have abused their authority.

2. Court Orders and Injunctions

We can seek immediate legal remedies to prevent further abuse, including:

  • Freezing Assets: The court may freeze bank accounts or other assets to prevent the abuser from accessing funds.
  • Injunctions: We can request a court order to stop the abuser from continuing harmful actions, such as withdrawing money or selling property.

3. Restitution in Criminal Cases

In cases where the abuse is criminal, we work closely with law enforcement and prosecutors to ensure the perpetrator is charged and that restitution is sought through the criminal justice system.

Recognizing Signs of Elder Financial Abuse

It is essential to recognize the signs of elder financial abuse to intervene early. Some warning signs include:

  • Unexplained Withdrawals or Transfers: Sudden or large withdrawals from bank accounts without explanation.
  • Changes in Estate Planning Documents: Abrupt changes to a will, trust, or power of attorney that favor new beneficiaries or caregivers.
  • Unpaid Bills: Despite having sufficient resources, the elderly person’s bills remain unpaid.
  • Isolation: The senior is suddenly isolated from friends and family, often a tactic used by abusers to control their victim.
  • Missing Belongings: Valuables or financial documents (e.g., bank statements) may go missing.

If you notice any of these signs, it’s critical to act quickly to stop the abuse and protect your loved one’s assets.

How We Can Help

At our firm, we are dedicated to fighting elder fraud and financial abuse and ensuring that justice is served. Our services include:

  • Investigating the Abuse: We work with forensic accountants, financial experts, and law enforcement to gather evidence of financial exploitation.
  • Filing Lawsuits: We pursue civil litigation to recover assets, seek damages, and hold the perpetrator accountable for their actions.
  • Negotiating Settlements: In some cases, we may negotiate a settlement that returns the stolen assets to the victim without a lengthy court battle.
  • Coordinating with Law Enforcement: We assist in initiating criminal investigations and prosecutions where applicable.

Our goal is to swiftly stop the abuse, recover the stolen assets, and hold the responsible parties accountable.

Why Choose Us?

  • Experience in Elder Law and Financial Abuse Cases
    Our attorneys have extensive experience handling elder financial abuse cases in California, understanding the nuances of both state and federal elder protection laws.
  • Compassionate and Dedicated Representation
    We understand how devastating elder abuse can be for families, and we provide compassionate, comprehensive support throughout the legal process.
  • Proven Results in Financial Abuse Recovery
    We have successfully recovered assets for elder abuse victims and hold abusers accountable through both civil litigation and criminal proceedings.

FAQs About Elder Financial Abuse

Q: What should I do if I suspect elder financial abuse?
A: If you suspect elder financial abuse, it is crucial to act quickly. Contact an attorney, report the abuse to Adult Protective Services (APS), and consider seeking a court order to freeze the abuser’s access to funds.

Q: Can an elderly person sue their abuser for financial exploitation?
A: Yes, under California law, elders (or their legal representatives) can file a lawsuit to recover stolen assets and seek damages from those responsible for financial exploitation.

Q: How long do I have to file a claim for elder financial abuse in California?
A: The statute of limitations for elder financial abuse claims is generally four years from the date the abuse was discovered. However, it is advisable to take action as soon as possible to protect the victim’s rights and assets.

Q: Can I file a claim if the financial abuse occurred years ago?
A: In some cases, financial abuse may not be discovered until years later. As long as you file within the statutory time frame (typically four years from discovery), you may still have a valid claim.

Contact Us for Help with Elder Fraud and Financial Abuse Litigation

If you or a loved one has been the victim of elder financial abuse, our experienced attorneys are here to help. Contact us today for a free consultation to discuss your case and explore the legal options available to recover stolen assets and hold abusers accountable.

Phone: 951-999-3027
Email:

Office Locations: We are located in Riverside/Moreno Valley Area.

Protect your loved one from financial exploitation—let us fight for your rights and recover what was taken.