Elder Financial Abuse

Elder financial abuse can be committed by any person regardless of their relationship with the elder. Elder financial abuse is usually committed by a family member, friend, conservator or trustee who deceives the elder in some manner to reap financial gain at the expense of the elder. Elder financial abuse occurs when a person over the age of 65 is taken advantage of financially.

The essential elements of elder financial abuse are set forth by the California legislature in California Welfare & Intuitions Code Section 15610.30 as follows:

(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.

(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

(d) For purposes of this section, “representative” means a person or entity that is either of the following:
(1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Cal Wel & Inst Code § 15610.30

If you are a loved one or a beneficiary of a person over 65 years of age and you believe that someone is taking advantage of them you should contact Walker Law Corporation for a free 15-minute phone consultation to discuss your options.

At Walker Law Corporation, we provide zealous representation in a caring individualized manner. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. You will have direct access to the attorney who will be handling your case at all times while you are acting as a fiduciary. If you have any questions your attorney will respond to your call within 24 hours.

Los Angeles County: 444 W. Ocean Blvd. – Suite 800 Long Beach, CA 90802

Orange County: 120 Newport Center Drive, Newport Beach, CA 92660