Elder Financial Abuse Attorneys
Elderly individuals are, unfortunately, frequent targets of financial abuse. Even more troubling, the perpetrators are often those in positions of trust: family members, caregivers, close friends, romantic partners, and fiduciaries who are entrusted to act in the elder’s best interests.
Elder financial abuse can take many forms and often goes unnoticed until significant harm has already occurred. If you believe that you or someone you love has been financially exploited, an experienced elder financial abuse attorney can help stop further exploitation, uncover misconduct, and pursue the recovery of money or property that was wrongfully taken.
Keystone’s elder financial abuse lawyers also represent individuals who have been wrongfully accused of elder financial exploitation. Our team has the experience and resources needed to assess and investigate the facts, challenge unsupported claims, and build a strong, strategic defense.
Our firm regularly assists clients facing issues such as:
- An agent under a power of attorney transferring an elderly principal’s funds for personal use
- Sudden or drastic changes to an elder’s will or trust made as a result of undue influence, duress or fraud
- Executors or trustees who discover evidence that the decedent was financially abused before death
- Money or personal property stolen from a decedent’s home or person
At Keystone, we understand the legal, emotional, and family dynamics involved in elder financial abuse cases. Whether the abuse is ongoing, discovered after death, or based on unfounded accusations, our elder financial abuse attorneys are prepared to take decisive action to protect vulnerable elders, enforce their legal rights, and hold the appropriate parties responsible.
Definition
What Is Elder Financial Abuse?
While the definition of elder financial abuse can vary across states, it usually entails a person in a position of trust or confidence misusing, controlling, stealing, or fraudulently obtaining a senior adult’s assets. Seniors consist of adults aged 65 or older.
In California, the definition of elder abuse includes physical and financial forms of abuse, but Keystone’s elder abuse attorneys deal primarily with financial exploitation.
The most common forms of elder financial abuse include:
- Theft
- Undue influence or fraud
- Unlawful taking of property
- Financial scams
What Types of Assets Are Affected by Elder Financial Abuse?
Elder financial abuse can involve the unlawful use or misappropriation of assets, either while a victim is alive or after their death. Below, we outline the types of assets that are commonly targeted.
- Present Assets: Financial abusers may steal, control, misuse or mismanage an elder’s existing assets, including cash, vehicles, real estate and other property.
- Future Assets: Abusers may attempt to unduly influence, coerce or commit fraud to receive an inheritance from their victims after their death. They may also target life insurance benefits, retirement accounts, or bank funds.
What Are Some Warning Signs of Elder Financial Abuse?
Because elder financial abuse is often subtle, and perpetrators frequently take great care to conceal it, detecting it can be challenging. However, by staying vigilant, you can often recognize warning signs that indicate something may be wrong.
Potential 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
- An elder who was previously financially secure suddenly struggling to pay bills or cover basic expenses
- Missing money or property from the elder’s home
- A family member or acquaintance who suddenly becomes heavily involved in the elder’s life and begins receiving money, property or access to financial accounts
- Sudden, unusual or drastic changes to the elder’s estate plan
- Mood or behavioral changes in the elder, especially when finances are discussed
- An elder who is consistently isolated from family members and friends
If any of these red flags arise, it is critical to seek legal guidance from an experienced financial abuse lawyer as early as possible. This can help prevent financial exploitation before it occurs.
Why Do You Need an Elder Abuse Attorney?
While some legal matters can be handled with minimal attorney involvement, elder financial abuse is rarely one of them. Financial exploitation of the elderly is a serious legal issue, and the longer it goes unaddressed, the more difficult it can become to stop the abuse, trace missing assets, and recover what was taken.
Working with an experienced elder financial abuse attorney significantly improves your ability to intervene effectively. With skilled legal guidance, you can pursue the recovery of misappropriated funds or property, prevent further exploitation, and protect the financial legacy your elderly loved one intended to leave behind.
If abuse isn’t discovered until after the victim’s death, legal action may still be available to safeguard the inheritance rights of beneficiaries and heirs.
Keystone’s elder financial abuse attorneys focus exclusively on financial exploitation matters. While we do not typically handle cases involving physical abuse or neglect — such as those arising from nursing homes or assisted living facilities — our team is highly experienced in identifying, investigating, and resolving all forms of financial elder abuse.
Below, we outline the services our elder financial abuse lawyers provide and how they can help protect vulnerable individuals and hold bad actors accountable.
Bringing a Financial Abuse Claim
Keystone’s elder financial abuse attorneys handle claims arising both during an elder’s lifetime and after an elder has passed away. The legal strategy used will depend on when the abuse occurred, who has legal authority to act, and how the misconduct was carried out.
Regardless of whether a claim arises before or after death, a formal court petition is required. An experienced elder financial abuse attorney plays a critical role in drafting and filing that petition, gathering and presenting evidence effectively and positioning the case for the strongest possible outcome.
Elder Financial Abuse Claims Arising Before Death
When elder financial abuse is discovered while the victim is still living, swift action is often critical to stop the abuse and prevent further losses.
If an elder has legal capacity, they may initiate a claim on their own behalf. However, when an elder is incapacitated, they generally cannot bring a claim independently. In such cases, a trusted family member or friend may be able to pursue legal action on the elder’s behalf — provided they have the legal authority to do so, such as through a valid trust, power of attorney, or a court-appointed conservatorship.
For example, if a caregiver is stealing money or personal property from an incapacitated elder’s home, legal intervention may be required immediately. Because a power of attorney cannot be created after an elder has lost capacity, establishing a conservatorship may be necessary for a loved one to both halt the abuse and hold the bad actor accountable.
Keystone’s elder financial abuse attorneys regularly assist families with petitioning for conservatorships and, once established, using that authority to litigate on the elder’s behalf. In these cases, an effective strategy often involves both recovering stolen assets and implementing protective measures to safeguard the elder from further financial exploitation.
Elder Financial Abuse Claims Arising After Death
Elder financial abuse is sometimes discovered only after the victim has passed away. Even in these circumstances, legal action may still be possible.
When abuse is uncovered after death, claims are typically brought by an executor/administrator or trustee on behalf of the decedent’s estate or trust, but they can also be brought by a beneficiary or heir. The legal strategy in these cases focuses on proving with evidence that the decedent was financially abused during their lifetime and that assets were wrongfully taken.
Successfully recovering those misappropriated assets allows them to be returned to the estate or trust, ensuring that the decedent’s beneficiaries or heirs ultimately receive the inheritance to which they are legally entitled.
Defending a Financial Abuse Claim
Anyone accused of elder financial exploitation should secure experienced legal representation immediately. Allegations of elder financial abuse carry serious legal and financial consequences, and if the claim is proven, the fallout can be severe.
Potential outcomes for perpetrators of elder financial abuse may include:
- Being ordered to return money or property alleged to have been wrongfully taken
- Paying compensatory or enhanced damages
- Covering the accuser’s attorney’s fees and costs
- Facing additional statutory penalties
Because these claims often arise in emotionally charged family disputes, false or exaggerated accusations are not uncommon.
The individuals most frequently accused of elder financial abuse often fall under one or more of the following categories:
- “Disqualified persons” — such as caregivers and fiduciaries (e.g., drafters or transcribers of estate planning documents and their family members and business partners)
- Family members suspected of exerting undue influence over an elder for personal benefit
- Non-family beneficiaries who unexpectedly receive substantial gifts or inheritances under a will or trust
Bringing a Financial Abuse Claim
Keystone’s elder financial abuse attorneys handle claims arising both during an elder’s lifetime and after an elder has passed away. The legal strategy used will depend on when the abuse occurred, who has legal authority to act and how the misconduct was carried out.
Regardless of whether a claim arises before or after death, a formal court petition is required. An experienced elder financial abuse attorney plays a critical role in drafting and filing that petition, gathering and presenting evidence effectively and positioning the case for the strongest possible outcome.
Elder Financial Abuse Claims Arising Before Death
When elder financial abuse is discovered while the victim is still living, swift action is often critical to stop the abuse and prevent further losses.
If an elder has legal capacity, they may initiate a claim on their own behalf. However, when an elder is incapacitated, they generally cannot bring a claim independently. In such cases, a trusted family member or friend may be able to pursue legal action on the elder’s behalf — provided they have the legal authority to do so, such as through a valid trust, power of attorney or a court-appointed conservatorship.
For example, if a caregiver is stealing money or personal property from an incapacitated elder’s home, legal intervention may be required immediately. Because a power of attorney cannot be created after an elder has lost capacity, establishing a conservatorship may be necessary for a loved one to both halt the abuse and hold the bad actor accountable.
Keystone’s elder financial abuse attorneys regularly assist families with petitioning for conservatorships and, once established, using that authority to litigate on the elder’s behalf. In these cases, an effective strategy often involves both recovering stolen assets and implementing protective measures to safeguard the elder from further financial exploitation.
Elder Financial Abuse Claims Arising After Death
Elder financial abuse is sometimes discovered only after the victim has passed away. Even in these circumstances, legal action may still be possible.
When abuse is uncovered after death, claims are typically brought by an executor/administrator or trustee on behalf of the decedent’s estate or trust, but they can also be brought by a beneficiary or heir. The legal strategy in these cases focuses on proving with evidence that the decedent was financially abused during their lifetime and that assets were wrongfully taken.
Successfully recovering those misappropriated assets allows them to be returned to the estate or trust, ensuring that the decedent’s beneficiaries or heirs ultimately receive the inheritance to which they are legally entitled.
Defending a Financial Abuse Claim
Anyone accused of elder financial exploitation should secure experienced legal representation immediately. Allegations of elder financial abuse carry serious legal and financial consequences, and if the claim is proven, the fallout can be severe.
Potential outcomes for perpetrators of elder financial abuse may include:
- Being ordered to return money or property alleged to have been wrongfully taken
- Paying compensatory or enhanced damages
- Covering the accuser’s attorney’s fees and costs
- Facing additional statutory penalties
Because these claims often arise in emotionally charged family disputes, false or exaggerated accusations are not uncommon.
The individuals most frequently accused of elder financial abuse often fall under one or more of the following categories:
- “Disqualified persons” — such as caregivers and fiduciaries (e.g., drafters or transcribers of estate planning documents and their family members and business partners)
- Family members suspected of exerting undue influence over an elder for personal benefit
- Non-family beneficiaries who unexpectedly receive substantial gifts or inheritances under a will or trust
Who Our Elder Abuse Attorneys Help
Keystone’s experienced elder financial abuse attorneys assist both victims of financial exploitation and individuals who have been accused of committing it.
Below, we outline the most common categories of individuals who seek legal help for elder abuse matters, along with how Keystone’s attorneys can protect their rights and interests.
Beneficiary / Heir
In many cases, the victims of elder financial abuse are not only the elders themselves, but also their heirs or beneficiaries named in their will or trust.
When a wrongdoer misappropriates assets — either during the elder’s lifetime or after their death — it is often the intended recipients of the inheritance who ultimately suffer the loss.
In these situations, Keystone’s elder financial abuse attorneys can pursue recovery of the stolen assets on behalf of heirs and beneficiaries and, where appropriate, seek the imposition of additional financial penalties against the individual responsible for the abuse. Learn More.
Power of Attorneys
Conservator
Executor / Administrator
Trustee
Caretaker
Our Work
Elder Financial Abuse Case Studies
Keystone is proud to offer legal help for elder abuse matters that are financial in nature.
Whether you are a financial abuse victim yourself, pursuing a claim on behalf of a victim, or defending against allegations of financial abuse, Keystone’s attorneys have extensive experience in this area of law and are committed to achieving the best possible outcome.
Below, you will find examples of the types of cases our elder financial abuse attorneys handle regularly.
Recovering Stolen Assets From Financial Abusers Posing as Caretakers
Our client came to us after the unexpected death of her brother, who had suffered from severe mental illness for years. Initially believed to have minimal assets, the brother’s estate was later discovered to be worth more than $60 million.
Through careful review of his financial documents, the client uncovered that her brother’s so-called “caregivers” — individuals who had entered his life posing as friends — had been siphoning funds and misappropriating valuable property. One caregiver had even secured authority as the brother’s attorney-in-fact, giving him control over bank accounts, brokerage accounts, and personal financial information. These caregivers also provided harmful medications and substances that contributed to the brother’s mental and physical decline.
Keystone’s elder financial abuse attorneys, in coordination with co-counsel, helped the client pursue the stolen assets on behalf of the decedent’s estate. Despite the complex and subtle nature of the abuse, a receiver was ultimately able to recover approximately $2 million in stolen property from the caregiver abusers.
Soon after, Keystone assisted in settling the case, and the results were beyond favorable for our client. In addition to the $2 million the receiver seized in assets on behalf of the estate, the caregivers agreed to a judgment that would require them to pay an additional $1 million in damages.
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 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 canceling 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 a substantial portion 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 the son’s control, he took her to his own lawyer to execute a new trust, which disinherited her grandchildren and named him as the sole beneficiary.
Keystone’s elder financial abuse attorneys vigorously defended the allegations of financial abuse leveled against its clients by arguing the decedent had been incompetent when she executed the trust. In addition, they argued that she had been subject to undue influence from 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 is a trusted authority in probate and elder financial abuse matters. Whether you are a senior pursuing a financial abuse claim on your own behalf, a family member or beneficiary challenging a will or trust due to suspected undue influence or financial exploitation, or a defendant facing allegations of elder financial abuse, our experienced financial elder abuse lawyers are prepared to guide you through every step to help you achieve the best possible outcome.
We are proud to represent clients in all aspects of elder financial abuse cases in California, protecting rights, recovering assets and ensuring justice is served.
Our Elder Abuse Attorneys
Because our lawyers focus exclusively on probate law, they possess the knowledge and skills to help you pursue 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 elder abuse lawyers can still serve you.
Frequently Asked Questions
Elder Financial Abuse FAQs
In this section, you will find answers to questions our elder financial abuse attorneys are commonly asked. If you require additional guidance, please contact our team for legal support tailored to your specific needs.
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 stolen assets, damages, and potentially even your attorney’s fees and costs.
While criminal charges can result from reporting financial elder abuse to a government agency, Keystone’s elder abuse lawyers only handle civil claims (those litigated in probate and civil courts).
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 elder abuse attorney who handles such matters.
It is important to take swift action if you suspect physical abuse to be taking place to ensure the elder does not suffer lasting harm to their health or wellbeing. Unlike financial harm, physical harm cannot always be reversed.
If you believe an elder is under 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. This is something Keystone’s elder abuse attorneys are equipped to assist with.
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.
Common traits of financial abusers include:
- Substance abuse issues
- Trouble with law enforcement
- Mental or physical health issues
- Socially isolation
- Financial problems
- Major issues with stress
Among the different forms of elder financial abuse, theft is the most pervasive.
It can take many shapes, from an abuser using an elder’s money, bank accounts, or credit cards without permission, to theft of household items or medication or even a pickpocketer stealing a wallet.
While all of these actions qualify as elder financial abuse, not all are equally actionable in court. For instance, recovering funds from a family member or caregiver may be feasible, whereas pursuing a pickpocketer can be far more difficult, if not impossible.
Learn More
Need to pursue or defend an elder financial abuse claim?
Whether you’re seeking to recover assets stolen from an elder or defending against allegations of financial abuse, our experienced elder financial abuse attorneys are here to guide you every step of the way. Contact us today to learn how we can protect your rights and interests.
