Elder Financial Abuse Attorneys
It’s an unfortunate reality that seniors and dependent adults are prime targets for financial abuse. What’s worse, the perpetrators are often family members and people they, and others around them, believed they could trust.
There is no limit to the number of ways dependent and elder financial abuse can occur. If you believe yourself or someone you know to be a victim, our elder abuse attorneys can help prevent further abuse and recover any property that was lost as a result of it. Our reliable team can also assist those who believe they have been wrongfully accused of financially exploiting an elder. We have the resources and experience needed to investigate the allegations and build a strong defense on your behalf.
- Is the person acting as your loved one’s power of attorney using your loved one’s money to make financial transactions for their own gain?
- Do you know an elder who drastically changed their will or trust in the last few months, weeks, or even hours of their life at the insistence of someone close to them?
- Have you witnessed the spouse of a disabled elder abuse a joint bank account, leaving the elder unable to afford proper medical care?
Keystone will address these issues and more in the following Elder Financial Abuse Guide. Reach out to our team for more information.
Definition
What Is Elder Financial Abuse?
While the definition of financial abuse can vary from state to state, it generally entails a person in a position of trust or confidence misusing, controlling, stealing or fraudulently obtaining the assets of a vulnerable adult for personal benefit.
In California, elders, or senior citizens, consist of adults 65 years and older. On the other hand, dependent adults are those between the ages of 18 and 64 who have physical and/or mental limitations that prevent them from performing the normal activities required to protect themselves from financial harm.
The definition of elder abuse in California includes any form of physical and/or financial abuse, neglect, abandonment, isolation, abduction, or willful infliction of harm, pain or mental suffering to anyone defined as an elder.
Keystone’s elder abuse attorneys work with clients bringing or defending against dependent or elder financial exploitation claims.
Why Do You Need an Elder Abuse Attorney?
Are you a senior with mysteriously dwindling resources? Are you afraid that a deceased loved one was unduly influenced into changing their will or trust? Or, is it that someone is accusing you of unduly influencing or committing fraud against an elder?
Whether you are bringing an elder financial abuse claim or defending against one, an elder abuse lawyer can help you navigate the process and reach a favorable outcome.
Bringing a Financial Abuse
It’s not unusual for financial abuse to go on for months or even years before it is detected. Sometimes, it’s not until after a victim has died and their will or trust is read or the title to their real estate is investigated that elder financial abuse comes to light.
Who can bring a claim of financial abuse depends on whether the victim is living or deceased.
Living Financial Abuse Victims
It is ideal for dependent and elder financial exploitation claims to be discussed and brought while the victim is still alive. This way, if the victim is competent, they can provide evidence on their own behalf to support their claim, as well as enjoy the fruits of successful litigation should they win their case.
Deceased Financial Abuse Victims
Is an unusual or unexpected beneficiary named in a decedent’s trust? Did the decedent drastically alter their will or trust from their deathbed? Did an abuser swindle your loved one out of money or property before they died, leaving them without any assets? Financial abuse may be behind it.
Interested parties may have the ability to bring a financial abuse claim to recoup assets wrongfully taken from a decedent before they passed away. Family members or beneficiaries of a will or trust may also choose to bring what is called a will or trust contest to invalidate some or all parts of the document if they suspect dependent or elder financial abuse via undue influence, coercion or fraud to have taken place.
The following are parties who may be authorized to bring a will or trust contest on the basis of financial abuse after the victim has died: beneficiaries, beneficiaries under a previous version of the will or trust, heirs, and personal representatives or trustees.
Defending a Financial Abuse Claim
It is crucial for anyone accused of dependent or elder financial exploitation to have an experienced elder abuse lawyer on their side. If financial abuse is proven, the consequences can be dire—you may be ordered to return the elder’s money and property, foot the bill for your accuser’s attorney’s fees and costs, as well as pay other penalties. Below are categories of people who are commonly accused of financial abuse:
- “Disqualified persons” (e.g., drafters of estate planning documents, transcribers of estate planning documents, caregivers, attorneys for the settlor/testator who prepared the estate planning documents)
- Family members suspected of having unduly influenced a dependent adult or elder for personal gain
- Unexpected beneficiaries outside the family who are left large shares of an estate or trust
Who Our Elder Abuse Attorneys Represent
Beneficiary / Heir
Often times, the victims of financial abuse are not only elders or dependent adults themselves, but the victim’s family members, heirs and/or beneficiaries, who have had their rightful inheritance stolen by a financial abuser.
Perhaps your elderly loved one has been swindled out of money or property by an abuser before death, leaving your loved one’s estate (and your inheritance) financially impaired. Or maybe a financial abuser has caused your elderly loved one to execute a new will or trust that eliminates or reduces your share. Learn More.
Power of Attorney
Conservator
Executor / Administrator
Trustee
Caretaker
Our Work
Case Studies of Our Elder Abuse Services
Keystone is proud to offer a variety of services relating to elder financial abuse. Whether you are a victim, litigating on behalf of a victim, or defending against claims of abuse, our elder abuse attorneys are well-versed in this area of the law and will go the extra mile to secure the outcome you want. Below, you will find recent examples of the types of elder financial abuse cases we handle on a regular basis.
The “Sugar Daddy” Abuser
Our clients came to us for help invalidating a trust after learning that the decedent from whom they stood to inherit had left the entirety of his estate to a new partner he had met off a dating site. Unfortunately, the partner was an ostensible predator 50 years his junior.
Not long after meeting the abuser, the decedent had visited a Los Angeles estate planning law firm to amend his estate plan and name the abuser as the sole beneficiary of his trust. The decedent died unexpectedly under suspicious – and questionably criminal – circumstances shortly after making the change.
Keystone was contacted by the decedent’s ex-husband, and the ex-husband’s sister and nieces, who were the primary beneficiaries under the decedent’s prior trust, to see what could be done about suing the abuser for financial elder abuse and cancelling the newly created trust.
It was an uphill battle, but our elder abuse attorneys conducted far-ranging discovery, which provided further insight into the decedent’s broken mental state at the time the trust was signed and led them to other assumed victims of the abuser.
Our elder abuse lawyers were able to settle the case on terms that required the abuser to surrender the vast majority of the decedent’s assets to our clients, despite the fact they had no remaining familial connection to the decedent.
Wrongfully Accused of Elder Abuse
Our clients came to us after having been wrongfully disinherited from their grandmother’s trust on account of fabricated claims of physical and financial elder abuse.
Our clients had been living with their grandmother, the decedent, since their father, the decedent’s son, had died. The grandmother had named them the primary beneficiaries of her trust and practically disinherited her other son, who was still living but was estranged.
The disinherited son managed to secure a temporary conservatorship over the decedent on account of his allegations that her grandchildren were physically and financially abusing her. After the decedent was under her son’s control, he took her to his own lawyer to execute a new trust that disinherited her grandchildren and named him as the sole beneficiary.
Keystone vigorously defended the allegations of financial abuse leveled against its clients by arguing the decedent had been incompetent when she had executed the trust, as well as a victim of undue influence inflicted by her son.
Keystone’s compelling arguments caused the son to settle on terms that awarded Keystone’s clients the majority of the decedent’s assets.
Testimonials for Our Elder Financial Abuse Services
Our Elder Abuse Firm
Keystone specializes in probate law matters. Regardless of whether you are a dependent adult or elder bringing a financial abuse claim; an heir, family member, or beneficiary bringing a will or trust contest because you believe the decedent to have been financially abused, unduly influenced, or coerced into changing their will or trust; or you are the defendant in a financial abuse case, the elder abuse attorneys at our firm will be able to assist you by securing the best possible resolution for your case.
We’re proud to help clients nationwide with all matters pertaining to dependent adult or elder financial abuse against a California resident. We look forward to helping you.
Our Elder Abuse Attorneys
Because our lawyers focus exclusively on probate law, they possess the necessary knowledge to help you bring a financial abuse claim or defend against one. Members of our team have also received numerous accolades and accomplishments, including:
- Certification as Specialists in Estate Planning, Trust, and Probate Law (State Bar of California, Board of Legal Specialization)
- Invitations to speak on probate law topics for attorneys, CPAs, and other professionals
- Taught wills and trusts to law students
- Recognition in professional publications like Daily Journal, Best Lawyers®, and Super Lawyers
Locations We Serve
We specialize in financial abuse of dependent adults and elders in California, commonly serving:
- Los Angeles County
- Orange County
- San Diego County
If your city or county isn’t listed above, but you’re in California, reach out to us to see if our will and elder abuse lawyers can still serve you.
Frequently Asked Questions
Financial Abuse FAQs
In this section, you will find answers to many of the questions we often hear regarding elder financial abuse. If you have additional questions, please contact our team for a free consultation.
It is important to remain extra-vigilant about your finances and property if you are a dependent adult, elder or someone who is acting on their behalf (e.g., a conservator, trustee or power of attorney), because not only can financial abuse be difficult to detect unless you are paying close attention, but it is also most likely to occur to the aforementioned categories of people.
Look out for these financial abuse warning signs:
- Money missing from bank accounts.
- Changes in the dependent or elder’s temperament (e.g., self-neglect, anxiety, depression).
- Missing household items and possessions.
- Unpaid bills, lack of necessities in home, collection letters.
- Suspicious credit card charges.
It is important to note that abuse can also take place within the confines of a conservatorship. Learn more about signs of conservatorship abuse.
When it comes to reporting elder financial abuse , every state has different laws and procedures. However, a good first step no matter where you live is to contact your local or state adult protective services agency by filling out a form or calling an elder abuse hotline.
After reporting the abuse, it is advisable you reach out to an elder abuse attorney who can help you recover damages, attorney’s fees and more.
While criminal charges can result from reporting financial elder abuse to a government agency, Keystone’s elder abuse lawyers only litigate elder abuse claims in probate and civil courts.
Dependent adults and elders may be more susceptible to financial abuse because of physical and mental limitations they may have. Below you will find some common risk factors.
- Declining mental competence
- Social isolation
- Deteriorating physical health
- Difficulty managing money and tending to their basic needs of food, shelter and hygiene
If any of these risk factors exist, it is important you take the necessary steps to protect yourself or your loved one against financial harm.
Keystone’s elder abuse attorneys regularly handle elder abuse matters that are financial in nature. However, if the abuse is only physical in nature, we are happy to refer you to a trusted attorney who handles such matters.
It is important to take swift action if you suspect physical abuse to be taking place. You can start by reaching out to your local law enforcement or adult protective services agency to report the abuse.
If you believe a dependent adult or elder to be facing an immediate threat or wish to remove them from an abusive situation, you may want to consider petitioning the court to establish a conservatorship of the person that would allow you to move them into your home or another safe location where you can manage their personal needs.
The most common perpetrators of elder financial exploitation are family members of the victim (most commonly adult children or spouses), followed by their friends and neighbors, and then their caretakers, according to the National Association of Adult Protective Services.
Other common traits of financial abusers include:
- Substance abuse issues
- Trouble with law enforcement
- Mental or physical health issues
- Socially isolated
- Financial problems
- Major issues with stress
Among the different kinds of elder financial abuse, theft is the most pervasive.
It can occur in the form of abusers using an elder’s money, bank account or credit cards without permission for personal gain, or even a pickpocketer stealing an elder’s wallet while they are out for a walk. Thieves also may steal household objects or medication belonging to the elder.
If you are a dependent adult, elder, or someone who has been appointed to act on their behalf (e.g., a conservator, trustee, power of attorney or personal representative), there are some telltale signs of financial abuse that you should not ignore.
Signs of elder financial abuse include:
- Unusual or larger-than-normal withdrawals from the elder’s bank account
- Inexplicable charges on the elder’s credit cards
- Complaints from the elder, who was previously financially stable, about their current funds not being sufficient to cover their expenses or pay their bills
- Missing property from the elder’s home
- A family member, caretaker or friend has suddenly started spending more time with the elder and is receiving money or property from them, or given access to private financial information
- Elder made sudden and unusual changes to their estate plan
- Elder is experiencing mood changes, especially when discussions about finances arise
- Elder is being isolated from family members and close friends
If you are a dependent adult or elder, the best way to protect yourself against financial abuse is to keep a close eye on your finances, and if any red flags appear, to seek the assistance of a lawyer as soon as possible. If you are unable to adequately manage your own finances, it may be a good idea for you to speak to a lawyer about appointing someone you trust to take on that role. If you are the loved one of a deceased financial abuse victim, their financial documents and estate plans is where you are likely to find signs of abuse.
Financial abuse can be difficult to detect, which is why involving a lawyer at the first suspicion of abuse is crucial. Recovery of assets lost to the abuse is more likely when early action is taken.
Article
Delving Deeper into Elder Financial Abuse
Chapters
Why Elder Financial Exploitation Laws Exist
Section 1
Common Types of Elder Financial Abuse
Section 2
What Sorts of Assets Can Be Taken?
Section 3
How Do You Prove an Elder Financial Exploitation Claim
Section 4
The Role of Undue Influence and Incapacity in Financial Abuse Claims
Section 5
What Do You Get If You Can Prove Your Financial Abuse Claim?
Section 6
Why Elder Financial Exploitation Laws Exist
Between 2013 and 2017, seniors aged 70 or older lost an average of $41,800 to elder financial abuse. What’s worse, family members and acquaintances were found to be the biggest perpetrators. Seniors who were exploited by a stranger lost an average of $17,000. Seniors exploited by someone they knew lost an average of $50,200.
Despite the pervasiveness of elder financial abuse, only about 25% of cases relating to it see the light of day, usually because the victim doesn’t notice it’s happening.
Elder financial abuse statutes aim to curb this widespread problem by making it easier for seniors to prove their financial abuse claims in court than it is for most other adults.
Common Types of Elder Financial Abuse
Elder financial exploitation can take many forms. It can be obvious or almost undetectable, minor or extreme, a one-time occurrence or prolonged. Below we cover the most common forms of elder financial abuse.
Theft
- Most common form of elder financial exploitation
- Perpetrators tend to have close access to the victim
- E.g., caretakers using elderly patients’ money for personal transactions
- E.g., adult child stealing objects from their elderly parent’s home
Fraud
- Occurs when an elder is intentionally deceived for the personal gain of the abuser
- Common types of fraud: Medical, Identity, Check, Credit Card, Mortgage
- E.g., grandparent giving money to a grandchild for college but the grandchild spends it on a vacation
- E.g., elder signing a document they were told was a medical consent form when it was actually a deed transfer
Conversion of Property
- Occurs when elders transfer their property to their abusers under false pretenses
- E.g., friend borrowing an elder’s car without having any intention of returning it
- E.g., adult child moving into their elderly parent’s home without telling them after placing them in an assisted-living facility
Scams
- One of the fastest-growing ways strangers target elders for financial abuse
- E.g., telephone scams, Email scams, Sweepstakes scams, Life insurance scams, Phishing
What Sorts of Assets Can Be Taken?
Elder financial abuse can result in the unlawful appropriation or use of assets while a victim is alive of after they have died. We cover the types of assets that can be taken through financial abuse in more detail below.
Present Assets: Financial abusers may steal, control, misuse or mismanage any of an elder’s current assets, including cash, cars, houses and other property.
Future Assets: Financial abusers may unduly influence, coerce or commit fraud to receive an inheritance from their victims via their will or trust. They may also take aim at a decedent’s life insurance benefits or bank account immediately following their death.
How Do You Prove an Elder Financial Exploitation Claim?
Certain types of financial elder abuse are considered criminal offenses. But, even if law enforcement does not have enough evidence to charge a person with elder financial abuse, sufficient evidence may exist to start a civil case for recovery of damages, property and more.
- To bring a criminal charge, financial elder abuse must be proven beyond a reasonable doubt.
- In civil cases, the requirement for proving a claim is that it was more likely than not that financial elder abuse occurred.
It is important to note that unlike elder physical abuse cases, elder financial abuse cases do not have a heightened burden of proof, meaning that recklessness or an intention to harm are not required to prove it. If the abuser was aware that their actions could have harmed the victim, and it can proven that financial abuse more than likely occurred, the elder will be able to recover.
The Role of Undue Influence and Incapacity in Financial Abuse Claims
While undue influence and incapacity are not prerequisites for bringing elder financial abuse claims, they are the reason behind many of them. We delve into what each of these terms means below.
Undue Influence
In financial abuse cases, a person is thought to have applied undue influence when they use excessive persuasion to gain control over an elder’s property or resources. The following are examples of undue influence:
- An elderly person’s neighbor helps them around the house for the sole purpose of convincing the elder to leave them their home in their will.
- An adult child moves into their dying parent’s home under the pretense of caring for them, but they really intend to use their proximity to convince the parent to make them the beneficiary of their life insurance policy.
- An opportunistic new spouse convinces an elder while they are on their deathbed to add an amendment to their trust naming them as the sole beneficiary.
For undue influence to be proven, sufficient evidence must be presented to show the financial abuser knew or should have known that their misconduct was financially harmful to the elder. Likewise, when determining whether a certain outcome was the result of undue influence, the below points must be considered:
- The vulnerability of the victim (e.g., whether the victim was mentally competent, disabled, educated, isolated).
- The influencer’s apparent authority (e.g., whether the abuser was in a position of trust, like a family member, caretaker, fiduciary or religious figure may be).
- The actions and tactics used by the abuser (e.g., whether the abuser withheld basic necessities, used coercion, kept the elder isolated).
- The equity of the result (e.g., whether the elder drastically diverged from their previous intentions in their new estate plan, whether the elder left sizable gifts to non-family members).
Read more about undue influence as it relates to will and trust contests.
Incapacity
Incapacity means that an elder is of unsound mind, i.e., they lack mental competence. Incapacitated elders are easy targets for financial exploitation because it is unlikely they will notice it taking place. The following are examples of incapacity leading to elder financial abuse:
- An adult child takes advantage of an elderly parent’s undiagnosed neurodegenerative condition by telling the parent they had promised to leave them their home, leading to the parent signing a deed transfer.
- A caretaker steals expensive objects from the home of the elder they are caring for knowing they will not detect the theft because of their declining competence.
- An elder’s power of attorney uses the elder’s bank account to make personal transactions knowing the elder will not notice because they are in a hospital suffering from serious life-threatening health complications, which make it impossible for them to keep track of their finances.
It is important to note that isolated incidents of conduct on the part of elders will not suffice when bringing elder financial abuse claims based on incapacity. The elder must display a pattern of conduct that points to them being of unsound mind.
If it is proven that an adult is incapacitated and was financially abused while in this state, even if the court had not yet determined them to be incapacitated, the judge may decide to rescind any transfers made or contracts signed by the elder during this time.
What Do You Get If You Can Prove Your Financial Abuse Claim?
It is unfortunate that so many instances of elder financial abuse go unnoticed. If you are an elder who suspects something to be out of order with your finances, or are a loved one of an elder who wants to help the elder bring a claim to recover the property they lost, it is important to get in touch with one of our elder abuse lawyers right away before the abuser has a chance to perpetrate more financial damage.
If you are worried about the cost of bringing an elder financial exploitation claim, keep in mind that you only have to prove that it was more likely than not that the financial abuse occurred. If you can prove that, you will, in all probability, be able to recoup attorney’s costs and fees from the abuser.
Below we cover what you can get if you prove an elder financial abuse claim.
Damages
Elders can be compensated for the financial harm inflicted on them through the abuse, as well as for the enjoyment of their property they lost during the time they did not have access to it.
Attorney’s Fees and Costs
If elder financial exploitation is successfully proven in a court action, the court may issue an award to the plaintiff consisting of the legal fees and costs expended on the action to be paid by the perpetrator.
Enhanced Remedies
- Double or Treble Damages: Damages may be doubled if it is proven the elder financial abuse was committed in bad faith, and may even be tripled if the financial abuse was determined to be a part of a scheme that intentionally targeted elders.
- Order Disinheriting the Abuser: The court may deem an abuser disinherited if it is proven their inheritance is the result of elder financial abuse.
- Order Invalidating the Disputed Documents: If a will or trust contest proves elder financial abuse played a role in the creation or execution of the document, the document may be invalidated.
Preventing Further Elder Financial Abuse
If an elder is a victim of financial abuse, a petition can be filed by the victim or another concerned party for a restraining order to prevent the abuser from committing more acts of financial misconduct.
Petitions for restraining orders can be filed by:
- A county adult protective services agency
- The victim of financial elder abuse
- The victim’s conservator
- The trustee of the victim’s trust
- The victim’s power of attorney
- The victim’s guardian ad litem
Learn More
Contact our Elder Financial Abuse Attorneys Today
Regardless of whether you believe yourself or a loved one to be a victim of elder financial abuse, or you have been wrongfully accused of elder abuse, our elder abuse attorneys can help. Don’t wait to speak to one of our experienced elder abuse lawyers.
