Financial exploitation of elders is one of the fastest-growing forms of abuse in California. Whether committed by caregivers, family members, fiduciaries, or scammers, these acts can devastate a senior’s financial security and emotional well-being. Fortunately, California law provides strong protections—and experienced elder financial exploitation lawyers can help victims and their families recover stolen assets and hold perpetrators accountable.
This article explores what elder financial exploitation looks like, how California attorneys approach these cases, and what victims should expect when seeking legal help.
What Is Elder Financial Exploitation?
Under California Welfare and Institutions Code § 15610.30, financial elder abuse occurs when someone:
- Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for wrongful use or with intent to defraud
- Assists in such acts
- Uses undue influence to gain control of assets
Victims are typically age 65 or older and may suffer from cognitive decline, isolation, or dependency—making them vulnerable to manipulation.
Common Examples of Financial Exploitation
- Coercing an elder to sign over property or change a will
- Misusing power of attorney or conservatorship
- Forging checks or accessing bank accounts without consent
- Convincing a senior to invest in fraudulent schemes
- Charging for services not provided
- Isolating the elder to control finances
These acts may be committed by trusted individuals, including family members, caregivers, financial advisors, or even facility staff.
How California Elder Financial Exploitation Lawyers Help
Experienced attorneys play a critical role in investigating, litigating, and resolving financial abuse cases. Their services typically include:
1. Case Evaluation and Evidence Gathering
Lawyers assess the facts and determine whether financial abuse occurred. They gather:
- Bank records and transaction histories
- Medical evaluations of capacity
- Witness statements
- Estate planning documents
- Communications between the elder and the alleged abuser
2. Filing Civil Claims
Attorneys may file lawsuits under California’s Elder Abuse and Dependent Adult Civil Protection Act. Claims may include:
- Financial elder abuse
- Fraud
- Conversion
- Breach of fiduciary duty
- Undue influence
Civil remedies can include restitution, punitive damages, and attorney’s fees.
3. Probate and Trust Litigation
In cases involving wills, trusts, or estate planning changes, lawyers may challenge:
- Invalid amendments made under duress
- Suspicious beneficiary changes
- Misuse of trustee or executor powers
These disputes often arise after the elder’s death and require skilled probate litigation.
4. Working with Law Enforcement and APS
While many financial abuse cases are civil, attorneys may coordinate with Adult Protective Services (APS) and law enforcement to pursue criminal charges when appropriate.
Choosing the Right Attorney
When selecting a California elder financial exploitation lawyer, look for:
- Proven experience in elder abuse and probate litigation
- Familiarity with undue influence and capacity issues
- Access to forensic accountants and medical experts
- Willingness to go to trial if necessary
Many attorneys offer free consultations and work on a contingency fee basis.
Recent Legal Developments
California has strengthened protections for seniors in recent years:
- Senate Bill 278 (2023) holds financial institutions accountable for enabling exploitation
- Courts increasingly recognize “undue influence” as a basis for voiding transactions
- Civil penalties for financial elder abuse can include treble damages and attorney’s fees
These developments empower victims and increase the likelihood of successful recovery.
Real-World Case Examples
- A caregiver convinced a widowed client with dementia to sign over her home. The attorney proved undue influence and recovered the property.
- A nephew used his aunt’s ATM card to withdraw $80,000 over two years. The attorney traced the transactions and secured a judgment for restitution and punitive damages.
- A financial advisor persuaded a senior to invest in a fake annuity. The attorney filed a fraud claim and recovered the funds through settlement.
Final Thoughts
Financial exploitation of elders is a serious and often hidden form of abuse. California elder financial exploitation lawyers provide essential tools for uncovering wrongdoing, recovering assets, and restoring dignity. If you suspect a loved one has been financially abused, don’t wait—consult an attorney who specializes in elder law and financial recovery.
References
- California Welfare and Institutions Code § 15610.30. (n.d.). Financial elder abuse definition. https://leginfo.legislature.ca.gov
- Evans Law Firm. (n.d.). California financial elder abuse attorney. https://www.evanslaw.com/practice-areas/financial-elder-abuse/
- Albertson & Davidson LLP. (n.d.). California financial elder abuse attorney. https://www.aldavlaw.com/elder-financial-abuse/
- RMO Lawyers. (2025, June 18). The California guide to elder financial abuse. https://rmolawyers.com/blog/elder-financial-abuse-california/
- Shouse Law Group. (n.d.). Elder financial abuse and senior fraud laws in California. https://www.shouselaw.com/ca/defense/fraud/senior-fraud/
