Financial Elder Abuse In California

Unfortunately, nursing home abuse is more common than it may seem. Around 10% of all nursing home residents in the country have experienced some form of abuse at least one point while at a nursing home. One of the most common types of abuse has recently been financial abuse.  

Many employees at the nursing home try to take advantage of the elderly by taking advantage of them financially and taking control of their finances, such as bank accounts or personal belongings, such as jewelry.

The elderly are considered victims of financial abuse since they may suffer some type of vulnerability and may need to trust and depend on the people around them for daily functions. This then makes them highly susceptible to being taken advantage of.

What is Elder Financial Abuse in California?

Elder financial abuse in California involves the misuse or exploitation of an elderly person’s financial assets, which may include real estate, cash, or personal belongings. This type of abuse is a serious offense, often involving manipulation, deception, or unauthorized use of an elder’s property or resources for personal gain.

In California, elder financial abuse is specifically addressed under the California Welfare and Institutions Code Section 15600, which provides legal protection to elderly and dependent adults from various forms of abuse, neglect, and abandonment. This law underscores that exploiting a senior’s financial assets, whether they are under home care, living with family, or residing in a nursing facility, is illegal and punishable by law. You can read more about this important protection for seniors here on NBC LA for additional context.

How Does California Define Elder Financial Abuse?

California law defines elder financial abuse broadly, covering various tactics used to manipulate an elder out of their resources. This can range from overt acts, such as stealing or transferring funds, to more subtle manipulation, like convincing an elder to make purchases or financial decisions they wouldn’t otherwise make. No individual has the right to access an elder’s personal or financial information or to take advantage of them financially, whether through fraud, deceit, or undue influence.

Elder financial abuse can occur in nursing homes, assisted living facilities, or even within an elder’s own family. The law aims to prevent any person—whether they are a caregiver, family member, or acquaintance—from exploiting an elder’s vulnerability for personal gain.

What Are the Signs of Elder Financial Abuse?

Recognizing elder financial abuse can be challenging, but some signs may include:

• Unexplained withdrawals from bank accounts or missing funds.
• Changes in financial documents like wills, power of attorney, or deeds.
• Sudden financial hardships despite having savings or income.
• Unpaid bills or overdue notices when finances should be sufficient.

For more information, check out ABC7 to learn how financial institutions and communities are helping to prevent these issues.

Who is at Risk?

Elder financial abuse affects a wide range of individuals but is especially common among those who are dependent on others for care or who may have cognitive impairments, such as dementia. Perpetrators can include anyone in the elder’s circle, from family members to professional caregivers, who may exploit the elder’s reliance on them.

FAQs

Q: What legal actions can be taken if I suspect elder financial abuse?

If you suspect elder financial abuse, it is important to report it immediately to your local Adult Protective Services (APS) office. They can investigate and take action to protect the elder’s rights and resources. In cases where a crime has been committed, law enforcement may also get involved. You can explore additional reporting guidelines on Fox11 to stay informed about local efforts to address elder abuse.

Q: How prevalent is elder financial abuse in California?

Elder financial abuse is a growing issue, with recent statistics showing that cases have surged in recent years, especially among vulnerable populations. Trusted news outlets like NBC LA have reported on the rising number of cases as California’s elderly population increases.

Protecting seniors from financial abuse is a shared responsibility. For more details on elder rights and laws, you can refer to California’s resources and reputable news sources, as well as the Office of the Attorney General for guidelines on preventing financial exploitation.

What are the different ways financial abuse could occur?

Theft

Theft is the most common type of financial abuse. This is also the easiest to prove since all you have to show is that the belonging was gone and it is now in the possession of the other party. Theft could be when a person physically takes personal property from the elderly’s belongings. Many residents at nursing homes permanently live there, and so a lot of their personal belongings are in their rooms. This makes it easier to take personal belongings, especially when the resident is sleeping, or distracted.

Fraud

Fraud occurs when a person mistakes a statement to get the nursing home resident to give up some type of personal or real property. For example, a nursing home employee could create a fake story about how she needs money for her child, in order to influence the nursing home resident to offer their money. Fraud may also include instances of impersonation. For example, perpetrators may impersonate their victims on the phone when dealing with government agencies or private agencies, such as the Social Security Administration.

Forgery

Forgery occurs when one forges another person’s signature to obtain property. For example, a nursing home resident could sign the residence name on other documents to gain access to the resident’s bank accounts.

Undue Influence

This is often the most stressful form of financial abuse with the other types of financial abuse listed above, there may not be any sort of threats made to the resident. However, with undue influence, a person could threaten the resident with daily necessities such as prescription medication or food to get what they want. For example, a nursing home employee may tell the resident that they are not going to provide the resident with food unless the resident pays the employee $10,000.

Who Are the Perpetrators of Financial Abuse in California?

Financial abuse is a growing issue in California, especially among vulnerable populations like the elderly. Recognizing the potential perpetrators is essential in preventing and addressing this type of exploitation. While some cases may be challenging to detect, many perpetrators of financial abuse fall into specific categories. Here’s a closer look at who might be involved in such acts and what you can do if you suspect financial abuse.

Common Perpetrators of Financial Abuse

Financial abuse often occurs within close relationships, where trust is an essential factor. This trust can make it easier for perpetrators to exploit vulnerable individuals, particularly those who may be isolated or dependent on others. Here are some of the most frequent categories of perpetrators in financial abuse cases:

1. Family Members

Family members, including children, grandchildren, or even more distant relatives, are often found to be perpetrators of financial abuse. Due to the trust and dependency within family relationships, some relatives may take advantage of an elderly or vulnerable family member’s assets for personal gain. Research shows that family members are responsible for over half of all financial exploitation cases involving the elderly. ABC7.com article on elder financial abuse reports similar concerns and highlights signs to watch out for in family dynamics.

2. Friends

Sometimes, friends can take advantage of vulnerable individuals, particularly when they are aware of the person’s assets or have access to personal information. Friends may manipulate trust to gain control of finances or acquire money through deceit.

3. Caregivers

Caregivers, whether in-home or within facilities, have close access to individuals and their personal lives, making them potential perpetrators of financial abuse. According to a Fox11.com report on elder abuse in California, cases involving caregivers have increased in recent years. Caregivers may manipulate their authority or emotional bonds to access bank accounts, forge signatures, or coerce their clients into financial transactions that serve the caregiver’s interests.

4. Nursing Home Staff and Residents

Financial abuse can also happen in nursing homes and long-term care facilities. Not only can staff be potential perpetrators, but even other residents may take advantage of those who may be more frail or mentally incapacitated. Financial exploitation within these settings may include stealing personal belongings, cash, or even forcing residents to sign documents against their will.

5. Medical Professionals (Nurses and Doctors)

Although less common, some medical professionals, including nurses and doctors, may exploit patients by billing them for services not rendered or recommending unnecessary treatments purely for profit. Vulnerable patients, especially those with cognitive issues, may be unaware they are being manipulated. For instance, NBC LA.com’s report on elder abuse in California mentions cases where healthcare professionals have been implicated in financial exploitation schemes.

6. Neighbors

In some cases, neighbors may be perpetrators of financial abuse, particularly if they have frequent access to the individual’s home or personal information. Neighbors may offer to help with errands or finances but ultimately exploit this closeness for personal gain.

How to Identify Financial Abuse and Seek Help

Recognizing financial abuse requires attention to unusual changes in spending habits, missing assets, or sudden changes in financial documents. If you notice that any of the above people in your loved one’s life are handling finances, or if they seem overly involved in financial decisions, this could be a warning sign of financial abuse.

Q: How can I prevent financial abuse?

A: Regularly check in with your loved one’s finances, be aware of who is involved in their financial matters, and encourage transparency in major financial decisions. Legal protections like a power of attorney document may also help prevent unauthorized access to finances.

Q: What should I do if I suspect financial abuse?

A: If you suspect that a family member, friend, caregiver, or anyone else is involved in financial abuse, reach out for assistance immediately. Contact a trusted attorney, or report your concerns to local authorities specializing in elder abuse and financial crimes.

Taking Action Against Financial Abuse

If you suspect financial abuse, acting quickly can help protect assets and potentially recover compensation for losses. Financial abuse cases often require legal expertise to navigate effectively, so contacting professionals familiar with California’s laws on financial exploitation is essential.

For more information and support, consider reading related resources and statistics available on local news sites, such as NBC LA’s recent coverage on elder financial abuse, which sheds light on protective measures and legal recourse.

If you or a loved one may be a victim of financial abuse, don’t hesitate to call us today for a confidential consultation. We can discuss the specific steps you may take to safeguard finances and potentially recover what has been lost. above have taken part in some type of financial abuse, give us a call today to discuss how you could recover compensation.

How do I prove financial abuse in California?

To prove elder abuse, you must show that the abuser knew or should have known that the elderly were going to provide personal property or real property. This means there must be some sort of intent on the abuser’s behalf. Sometimes, it could get difficult to prove intent. For example, you must show that the person had a malicious intent on taking property.

 We recommend that you consult our elder abuse attorneys for more information on how to prove abuse in California. Financial abuse could be a bit trickier to prove than physical abuse since there may not be any remnants, such as bruising or scratches that you could easily point to as proof. But, there may be other ways of proving financial abuse. For example, you could show:

•  The title of financial documents have now changed to another person’s name
•  The person has now taken possession of the personal property
•  Demand of all payments were made

What makes the elderly susceptible to financial abuse?

• Wealth: wealth, including personal property and real property is what attracts perpetrators to the elderly. The elderly have at some point paid off a significant amount of assets, which could be attractive to perpetrators.
•  Trust: the elderly may have a trusting nature for the people caring for them, and are more likely to do favors for the people around them, including signing documents. 
•  Mental capacity: many elderly may face cognitive difficulties such as Alzheimer’s. This may make them more susceptible to financial abuse as perpetrators are more likely to go after those with short-term memory since the elderly may forget who they were dealing with.

What should I do if I have been a victim of financial abuse?

• If you have been a victim of financial abuse, you should report the incident right away to the proper entities. For example, if you experienced financial abuse at the nursing home by an employee, you should report the financial abuse through the nursing home. If you have experienced financial abuse through an extended family member, we recommend that you discuss this with your other family members.
•  Contact your bank to block any action unless it is two-factor authentication. Nowadays, many banks are now requiring the elderly to come into the bank before making any drastic changes.
• Consult your case with an experienced elder abuse attorney. An elder abuse attorney will have to look into the circumstances of the abuse to see how the perpetrator could be held accountable. Sometimes, the perpetrator would have gotten rid of the personal or real property immediately after acquiring it. Our attorneys will trace all bank accounts and personal property to determine who the perpetrator is.

Financial Abuse Attorney Near Me

It is unfortunate in this day and age that the elderly have now become susceptible to financial abuse. Our attorneys could help. If you or someone you know has been financially taken advantage of, give us a call today to discuss. 

We offer complimentary one-on-one consultations to discuss your case in depth and determine what steps we should take to make sure that you get the best legal representation. Also, our attorneys are contingency fee attorneys and do not require any compensation upfront. Our attorneys are essentially risk-free, so give us a call today to set up a one-on-one with our experienced legal staff.

*** Disclaimer: This page, created by Heidari Law Group, is intended for educational purposes only and provides a broad overview of legal principles. It should not be considered specific legal advice. Your use of this site and review of this material does not establish an attorney-client relationship with Heidari Law or any of its members. Laws are subject to change, and therefore some information presented here may not reflect current legal standards. All logos and images on this site are the property of their respective owners and are used only for illustrative purposes; their presence does not indicate endorsement or affiliation. Please respect the copyright restrictions of these images and logos. If you have concerns about copyright infringement or require proper attribution, contact us immediately. We are committed to honoring intellectual property rights and will respond promptly to any issues.