Elder Financial Abuse in San Francisco
Financial elder abuse occurs when someone takes advantage of an aging adult for their own financial gain. Older adults in San Francisco and the Bay Area are more susceptible to these kinds of financial fraud than younger people, especially when cognitive decline plays a part. The AARP estimates that financial exploitation causes over $28 billion in losses for victims over 60 across the U.S. each year.
Unfortunately, financial elder abuse often goes unreported unless significant harm occurs. Older adults may not realize they’re being taken advantage of until other family members see the signs and symptoms – or after they pass and beneficiaries find out their inheritance isn’t what they expected. Those who do realize what happened may choose not to report it out of embarrassment or fear of losing their independence. However, you may have options for protecting your loved one’s wishes and pursuing the money that was stolen from them.
Contact Albertson & Davidson, LLP at (800) 601-0170 for a free consultation with an experienced elder financial abuse attorney serving San Francisco. We’ll review your case, help you understand your legal options, and fight for what you’re owed.
Understanding Financial Elder Abuse
There are many forms of financial elder abuse, and knowing what they are is a crucial part of protecting your loved ones from becoming victims. Some of the most common forms of financial elder abuse include:
- Family members or caregivers gaining unauthorized control over personal finances
- Individuals using manipulation or deceit to make changes to wills and other estate planning or legal documents
- Individuals using coercive tactics to isolate older adults from their trusted family and friends
- Trusted individuals, caregivers, relatives, and even professionals committing identity theft and other forms of fraud to steal money from seniors
Signs and Symptoms of Elder Financial Abuse
Spotting the signs and symptoms of elder financial abuse is vital for protecting your loved ones from harm. If you notice any of the following changes in your senior’s behavior or financial situation, you should begin gathering evidence and contact an experienced financial elder abuse lawyer:
- Sudden financial difficulties that don’t make sense considering your senior’s assets or income could be a sign that someone has been stealing funds.
- Unexplained or unauthorized changes in your senior’s estate plan, power of attorney, or financial accounts could indicate fraud.
- Increased isolation from family members and friends, especially if they used to be close, could be a sign of emotional manipulation.
- Uncharacteristic or rushed financial or property decisions could mean someone is requesting money, such as in a romance scam.
If you can spot the signs of elder financial abuse and collect evidence soon after it occurs, the more likely it will be that you can recover some of the money your loved one lost. Additionally, by catching this type of abuse early, you can prevent your loved one from losing more money and assets. However, you may still have legal options even after the damage is done and your loved one has passed.
Reporting elder financial abuse is essential. You can report suspected elder financial abuse to your local law enforcement agency or San Francisco Adult Protective Services (APS). If abuse has resulted in significant financial harm, your next call should be to an elder financial abuse attorney from Albertson & Davidson, LLP. We can help you pursue stolen assets and challenge a fraudulent will, trust, or probate.
Legal Protections for Seniors in California
In California, people aged 65 and older are considered “seniors.” There are specific laws against taking advantage of the elderly. For example, under California’s laws, financial abuse of an elder includes when someone:
- Takes, misuses, or conceals an elderly person’s real or personal property for wrongful use or with the intent to defraud
- Assists in taking, misusing, or concealing an elderly person’s property for wrongful use or with the intent to defraud
- Takes, misuses, or conceals an elderly person’s real or personal property using undue influence
- Assists in taking, misusing, or concealing an elderly person’s property using undue influence
If the evidence of financial abuse didn’t come to light until after your loved one passed, you may still be able to recover compensation. Albertson & Davidson, LLP can file a lawsuit against the at-fault parties seeking compensation for the stolen funds or assets.
How to Prove Financial Elder Abuse
Understanding how to prove financial exploitation is crucial for recovering compensation through a lawsuit. The evidence required will depend on how the financial abuse occurred, though. For instance, financial elder abuse committed for wrongful use requires proving the abuser knew or should have known their actions were likely to harm the older adult. Some of the things you must be able to demonstrate for a case of undue influence include:
- Your family member was vulnerable because of their advanced age or mental, physical, or emotional state, and this vulnerability made them susceptible to manipulation.
- Your family member’s abuser held authority over them, such as by being their caretaker, someone in a fiduciary role, or a close family member.
- The abuser took coercive actions, such as controlling your loved one’s daily activities or altering their legal documents.
- The unfair or damaging result of the financial abuse deviated from your family member’s prior financial behavior and is evidently not the result of their own doing.
An elder financial abuse attorney from Albertson & Davidson, LLP can review your case and determine what elements you need to prove. From there, we will secure the necessary evidence and build a solid case supporting your claim to pursue the stolen assets.
Why Choose Albertson & Davidson, LLP?
If you suspect your family member in San Francisco was the victim of elder financial abuse, contact Albertson & Davidson, LLP at (800) 601-0170 for a free consultation with one of our experienced attorneys.
Our firm has a solid track record in financial elder abuse litigation and is committed to fighting for our clients’ rightful inheritance throughout the Bay Area. We have extensive experience fighting cases involving fraudulent trusts, wills, and estate administration. Since our founding in 2008, we have managed to secure over $300 million for our clients. One of our past clients says, “This legal team, from senior partners to paralegals and secretaries are truly the most professional, polite, knowledgeable, and cheerful group I have encountered in providing legal counsel and care when I needed them.”
We provide personalized care and prioritize our clients’ well-being and asset recovery. Our “Stand, Fight, Win” mentality protects their rights throughout the legal process. Don’t wait. Call now to get started.