California Financial Elder Abuse Attorney

Financial elder abuse affects an estimated 6 million Americans every year.

Financial abuse can occur when you least expect it.

Elderly individuals can easily fall victim to manipulation. People with bad intentions, whether they’re caretakers, friends, neighbors, or even family members, can slowly take control of an elder’s daily needs, medications, and money. By using lies, keeping them isolated, and making threats, these wrongdoers can force seniors to give up their money and property. In extreme cases, they might even create new wills that favor themselves, leaving the real family members out.

Luckily, California has strong laws to help protect senior citizens (those aged 65 or older) from these manipulators. These laws not only stop bad actions but can also fix unfair wills, making sure that assets are transferred to the legitimate family members.

In 2023, California has done even more to help keep the elderly safe. Led by Sen. Bill Dodd, the senate has passed a new law, Senate Bill 278. This new rule puts banks and other institutions that handle money on the spot, making them responsible if they allow elderly people to be taken advantage of. In simple terms, if these places are involved in senior citizens losing their money, on purpose or by accident, they’ll be held accountable.

  • > We have recovered more than $250 million for our clients
  • > Albertson & Davidson, LLP recovered more than $250 million for our clients

Experienced Lawyers Providing Legal Help in California

Our California financial elder abuse attorneys have helped many people in challenging claims of financial elder abuse.

Undue Influence, under California law, arises when a bad acting person overcomes the elder’s free will and persuades them to give the bad acting person money, houses, and other assets. To figure out if this kind of pressure was used, there are certain details that are looked into.

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Key Signs and Evidence of Financial Elder Abuse

  • The vulnerability of the financial abuse victim. Evidence of vulnerability includes incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the bad acting person knew or should have known of the victim’s vulnerability.
  • The bad acting person’s apparent authority. Evidence of apparent authority includes status as a Trustee, Executor, Conservator, or other types of Fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.
  • The actions or tactics used by the bad acting person. Evidence of actions or tactics used that could raise red flags includes (i) controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep; (ii) Use of affection, intimidation, or coercion; and (iii) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
  • The equity of the result. Evidence of the equity of the result includes the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.

Those facing similar legal challenges should take note of high-profile financial elder abuse cases such as the most recent one involving Sen. Dianne Feinstein’s family. Katherine Feinstein. In which it is alleged that there was mismanagement of her late father’s estate. She alleges that funds intended for her were being wrongfully redirected to his late father’s daughters from a previous marriage. For this reason, it’s always important to consider the expertise of legal firms like Albertson & Davidson, LLP as soon as possible.

A financial elder abuse attorney at Albertson & Davidson, LLP can file a claims against abusers who take an elder’s or dependent adult’s assets by the exercise of undue influence. We have a successful track record in litigating financial elder abuse. Please contact us if you have any questions. We serve San Francisco, Los Angeles, Carlsbad and most cities throughout California.

Legally Reviewed By
Keith A. Davidson
Mr. Davidson attended Loyola Law School in Los Angeles, where he served as the Note and Comment Editor for the Loyola International and Comparative Law Review before graduating in the top ten percent of his class.
Financial Elder Abuse - A Concern in Elder Care and Financial Planning
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