Elder Abuse Attorney
Guide to elder abuse in california
Money from years of early mornings, late nights, and sweat can be defrauded in a matter of minutes by criminals who target seniors. Elder abuse is a prevalent problem facing adults, and the effects of abuse can adversely affect their physical health, emotional well-being, and financial stability of victims. Among the leading forms of elderly abuse include financial exploitation. Financial abuse of the elderly is the most traumatic form of abuse of older adults.
State: California Elder Abuse
Practice Area: Elder Abuse
Central California Counties: Santa Cruz County, San Benito County, Fresno County, San Joaquin County
Northern California Counties: Alameda County, Contra Costa County, Marin County, Sacramento County, Santa Clara County, San Francisco County, San Mateo County
Elder Abuse: Elder Abuse In California
Financial Elder Abuse
Financial abuse of the elderly is a common and underreported problem. Thousands of seniors in California suffer from the effects of this abuse each year. Elder financial exploitation has many facets, including the following:
- ID theft
- Wealth theft
- Theft of public benefits
- Fraudulent business practices
- Unauthorized use of credit cards
- Unwarranted influence and aggressive debt collection practices.
Financial exploitation is costly and often leads to deteriorated safety for the victims. Experts suggest that financial losses as a result of exploitation are in the millions of dollars.
Elder financial abuse may be perpetrated by :
· Trusted friends and business associates
· Family members and future inheritors
· Caregivers in nursing homes
· Online strangers savvy in scamming tricks
What is elder financial abuse?
Financial abuse is defined in the American Older Persons Act as follows: “An act or process of fraud or illegal, unauthorized, or improper or personal process, including a caregiver or fraud, using an adult’s resources for financial or personal gain, profit, or profit, depriving the elderly person of the right to receive, or use, benefits, services, materials, or assets.
Elder Abuse Definition
California’s Elder and Dependent Adult Civil Protection Act (EADACPA) also provided a detailed definition. The “financial abuse” of an older adult occurs when a person or organization commits any of the following.
· Takes, conceals, steals, acquires, or holds real or adult property of a trustworthy adult or adult for improper use or fraudulent purposes.
· Assists in the seizure, isolation, distribution of property, acquisition, and storage of personal or adult property or an adult-dependent on improper use or for fraud, or both.
· Takes, conceals, extends money, acquires, or retains, or assists in the seizure, isolation, storage, acquisition, and storage of an adult or adult property with ill motives.
Elements of Elder Abuse Harm
The California elder abuse statute considers elder abuse to be when a person or organization takes, conceals, allocates money, acquires, or keeps property belonging to the senior, knowing that doing that will harm them.
Financial elder abuse California
Elder abuse under California law is when an entity.
· Seizes conceals, or disposes of property or
· Acquires and retains real estate or personal property, and if these actions
Lead to the adult or their trusted aid being deprived of:
· Property rights, including transfer or donation, a contract, or testamentary estate or
· Actual property, regardless of whether the property is directly held by the senior or through a representative.
There are many ways to differentiate between forms of financial abuse and exploitation. However, the two significant forms of elder abuse are those committed by “known” persons and those committed by “strangers.”
Known persons is elder financial abuse/exploitation by a family member, caregiver, close friend, or business entity trusted by the senior. The perpetrator acts in violation of the trust they have with the senior and steals, squanders, misappropriates their finances.
Elder abuse by strangers includes fraud and theft by unknown persons (to the victim) or acquaintances who deceive them using tricks, such as fake lotteries, adult scams, sweetheart swindles, illegal charities, data theft, or gift card scams, among others.
Report Elder Abuse
California law would be on your side if you or an elderly loved one has fallen victim to financial abuse of any nature. You may have grounds to sue the person or business to stop ongoing abuse and recover lost assets or receive reimbursement.
Sometimes victims may not want to bring up criminal lawsuits against a family member or friend, but there are civil options that you can explore with your attorney.
Further, a few cases of elder financial abuse may not qualify for criminal prosecution. Civil law can be enforced whether there’d be a future criminal prosecution or not. The statute of limitations is four years, meaning you have not more than four years to file a lawsuit from the date the incident happens if you want compensation.
Elder law attorneys play a crucial role in identifying and preventing elder financial abuse. The affected senior finds a speedy closure when an experienced lawyer helps him recover lost finances and receive compensation for the pain and suffering caused by the scammers. California elder abuse laws protect seniors from all forms of abuse. Speak with an elder law attorney for help with elder financial abuse cases.
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Elder Abuse Attorney Near Me
Many people believe to search for “elder abuse attorney near me” is ok but that may be a downfall. You see, there are dozens of estate planning attorneys in Orange County, and they do quite well in their endeavors, but elder abuse is an entirely different situation.
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What is the elder abuse hotline?
Adult Protective Services assist vulnerable and elderly adults in stopping and preventing abuse, neglect, or exploitation.
Phone: Adult Abuse Hotline: 800-222-8000
Why does elder abuse go unreported?
The Department of Justice estimates that abuse occurs to 1 in every ten seniors per year. Even worse, 1 out of 23 cases is reported causing abuse to continue.
There are a few reasons that may contribute to these statistics.
- One is that the cognitive abilities of the elderly are impaired and are confused as to what is right.
- Second, when it comes to the family, the lack of recognition of the signs of elder abuse.
The Administration for Community Living has a National Center on Elder Abuse, where you can learn about how to report abuse, where to get help, and State laws that deal with abuse and neglect. Go to https://ncea.acl.gov for more information. Or, call the Eldercare Locator weekdays at 1-800-677-1116.