Financial Elder Abuse and Senior Fraud in California
California has a growing senior population, and unfortunately, with that comes an increase in financial elder abuse and fraud targeting vulnerable older adults. At KAASS LAW, we are dedicated to protecting the rights and well-being of seniors. The following will explore the issue of financial elder abuse and fraud in California, providing information on how to recognize, prevent, and address this growing problem.
What Is Financial Elder Abuse or Senior Fraud in California?
Financial elder abuse or senior fraud can take different forms and can be committed by caregivers, family members, strangers, or any other people known to the elder. Financial abuse may have the same impact as physical abuse.
Elements of Elder Financial Abuse
According to CACI 3100, in case the plaintiff claims that the defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him, he must prove the following elements to establish this claim:
- Defendant took, hid, appropriated, obtained, or retained the plaintiff's property; or
- assisted in taking, hiding, appropriating, obtaining, or retaining the plaintiff's property;
- The plaintiff was sixty-five years of age or older at the time of the conduct;
- Defendant took, hid, appropriated, obtained, or retained/assisted in taking, hiding, appropriating, obtaining, or retaining the property for wrongful use or with the intent to defraud or by undue influence;
- The plaintiff was harmed, and
- The defendant's conduct was a substantial factor in harming the plaintiff.
The plaintiff can establish the defendant's illegal conduct by proving that he knew or should have reasonably known that his actions were likely to be harmful to the plaintiff. Such as, the defendant took, hid, appropriated, obtained, or retained the property in case the plaintiff was deprived of the property by an agreement, will, gift, or trust, regardless of whether the property was held by the plaintiff or by his representative. A representative is an individual or an entity, or that is either:
- A trustee;
- A conservator;
- Another representative of the estate of an elder or
- An attorney-in-fact is an elder who acts within the authority of the power of attorney
A false misrepresentation lawyer can take a look into your situation for you if you feel as though you need legal assistance.
What is Undue Influence?
According to California Civil Code Section 1575, undue influence is a misuse of a person's power and role to exploit the dependency, trust, or fear of another person in order to misleadingly gain control over that person's decision-making and obtaining an unfair advantage over him/her.
Examples of Elder’s Financial Abuse
Recognizing the signs of financial elder abuse is crucial for intervention and protection. Some red flags include:
- Unexplained changes in bank accounts or financial documents: Sudden withdrawals, unusual transactions, or changes in beneficiaries.
- Missing personal belongings or property: Disappearance of valuables, jewelry, or important documents.
- Unpaid bills or overdue notices: Neglect of financial obligations or signs of financial distress.
- Changes in living conditions or lifestyle: A decline in living standards despite adequate financial resources.
- Suspicious signatures or changes in legal documents: Signatures that don't match the elder's usual handwriting or unexplained changes in wills or trusts.
- Isolation from family and friends: A caregiver or new acquaintance isolating the elder from their support network.
- Reluctance to discuss financial matters: The elder becoming evasive or secretive about their finances.
Preventing Financial Elder Abuse
There are several steps you can take to protect yourself or your loved ones from financial elder abuse:
- Stay informed: Educate yourself about common scams and fraud schemes targeting seniors.
- Protect personal information: Be cautious about sharing personal or financial information over the phone or online.
- Monitor finances regularly: Review bank statements, credit card statements, and other financial documents for any suspicious activity.
- Seek trusted advice: Consult with a trusted financial advisor or attorney before making significant financial decisions.
- Maintain social connections: Stay connected with family and friends to reduce isolation and vulnerability.
- Consider a durable power of attorney: Appoint a trusted person to manage your finances if you become unable to do so yourself.
Statute of Limitations for Elder Financial Abuse
According to California Welfare and Institutions Code Section 15657.7 for financial elder abuse claims, the statute of limitations is four years. The statute of limitation beings to run from the time the plaintiff discovers the facts, constituting financial abuse, or when the abuse should have been discovered with reasonable diligence.
Remedies for Elder Financial Abuse
Civil remedies for elder financial abuse include:
- Compensatory damages;
- Punitive damages for fraud, breach of fiduciary duty;
- Restitution;
- Reasonable attorney fees and costs; and/or
- Equitable remedies
Glendale Elder Financial Abuse Attorney
At KAASS LAW, we commit to protecting the rights and well-being of seniors. If you or a loved one has been a victim of financial elder abuse or fraud, contact us today. We can help you understand your legal options and fight for the justice you deserve.
If you believe that you or someone you know have been a victim of elder financial abuse, we invite you to contact our Glendale elder financial abuse attorneys at (310) 943-1171, for a free consultation.
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In order to obtain compensation and compel corrective action, victims of nursing home abuse in California have a number of legal options. There are several options available, such as bringing legal action against the nursing home, reporting the abuse to the California Department of Aging, or making a police report and pressing charges. According to the statute, a "senior" is someone who resides in California and is at least 65 years old. As well as any California resident between the ages of 16 and 64 who has physical or mental impairments that limit their capacity to engage in daily activities.
What Are the Solutions to Elder and Dependent Adult Abuse?
There are several options available to people who think a family member is receiving abuse in a nursing home. People can:
- Obtain an inquiry into elder abuse by a government agency
- file a civil case for damages in the California superior court where the abuse took place
- report the abuse to the police for potential criminal prosecution.
Elders and their families are free to choose more than one option; neither is required.
How Can I Succeed in Legal Litigation in California Alleging Nursing Home Abuse?
In most lawsuits against nursing homes and/or its personnel, the plaintiff must establish three things:
- abuse victim had to be 65 years old or older to qualify as a "dependent adult."
- defendant also assaulted the victim
- victim to sustain damages.
Your California injury lawyer will typically need to file a lawsuit in order to gain "discovery" of the nursing home's records and information in order to prove the case. Your lawyer will analyze the case file, speak with prospective witnesses, and, if practical, the victim directly. Attorney may try to negotiate a settlement with the perpetrator outside of court because a trial can drag on for several years(s). If negotiation can't reach a fair settlement, a jury trial will be deciding the outcome of the nursing home lawsuit. Your attorney may ask the court for an injunction in addition to damages.
Who in California Looks at Nursing Homes?
Investigations of elder abuse in California nursing homes involve a number of entities. An older patient who wants to file a complaint or a friend or family member usually do so with their neighborhood ombudsman's office. The "ombudsman" is a representative for persons residing in long-term care homes . The California Department of Aging is running The Ombudsman program in this state. The Ombudsman launches an investigation after receiving a report of elder mistreatment in a care facility. Any or all of the following topics may be discussed by the local ombudsman:
- local who is allegedly the victim
- complainant(s) or complainants
- personnel at the nursing facility
- management of the nursing home
In most cases, the ombudsman will go to the nursing facility in question and conduct an on-site investigation. The California Department of Public Health receives the complaint if the Ombudsman determines after conducting its inquiry that it is a valid one. Following its investigation, this agency may:
- Attempt to have the offending nursing home or nursing home staff punished civilly
- Send the case for a criminal investigation to the district attorney's office in your area or to the Bureau of Medi-Cal Fraud and Elder Abuse of the California Attorney General.
If the individual filing the report of suspected elder abuse at a nursing home is a mandated reporter, s/he must file the report with both the local office of the ombudsman and a local police enforcement agency. Those who are required by law to report any suspected nursing home abuse are known as "mandated reporters". Nursing home staff and managers are required to be reporters.
Glendale Personal Injury Lawyer
Contact legal counsel right now. Your legal team needs time to build a strong case and conduct depositions since civil actions in California have a stringent statute of limitations. Please feel free to give our office a call at 310.943.1171.
Protecting Our Elders: A Guide to Reporting Elder Abuse in California
California has a robust legal framework in place to protect vulnerable adults, including seniors, from abuse, neglect, and exploitation of elder abuse. Elder abuse is a serious issue that affects thousands of Californians each year, and it often goes unreported due to fear, shame, or lack of awareness. At KAASS LAW, we are committed to protecting the rights and well-being of our elderly community members. The following will provide a comprehensive guide to understanding and reporting elder abuse in California, empowering you to take action and help safeguard those who may be unable to protect themselves.
What is Elder Abuse?
Elder abuse is defined as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or serious risk of harm to an older adult. California law defines an older adult as anyone aged 65 or older
The List of Persons Who Are Required to Report Elder Abuse
- Administrators
- Supervisors
- Any licensed staff of a facility that provides care or services for elder
- Any elder or dependent adult care
- Custodian
- Health practitioner
- Clergy member
- An employee of a county adult protective services agency or a local law enforcement agency
- Any person who has assumed responsibility for the care or custody of an elder
- Officers and employees of financial institutions
When Must a Person Make a Report About the Elder Abuse?
A person must make a report as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two working days.
Reporting Physical Abuse
In case of physical abuse, and it has occurred in a long-term care facility, a person must make a to both law enforcement and the ombudsmen.
Reporting Serious Bodily Injury
In case of serious bodily injury, the reporter must contact law enforcement within two hours and make a report to the ombudsmen within twenty-four hours.
Reporting Less Than Serious Bodily Injury
The mandatory reporter has twenty-four hours to contact the ombudsman and law enforcement in case of less than serious bodily injury.
Types of Elder Abuse
Elder abuse can take many forms, including:
- Physical abuse: Inflicting physical pain or injury, such as hitting, slapping, pushing, or restraining.
- Sexual abuse: Any non-consensual sexual contact, including rape, molestation, or sexual exploitation.
- Emotional abuse: Verbal or nonverbal acts that cause emotional pain, distress, or anguish, such as yelling, insults, threats, humiliation, or isolation.
- Neglect: Failure to provide basic necessities like food, water, shelter, clothing, medical care, or hygiene.
- Financial abuse: Misusing or stealing an elder's money or assets, including forging checks, using their credit cards, or coercing them into signing financial documents.
- Abandonment: Desertion of an elder by a caregiver or responsible party.
- Isolation: Preventing an elder from interacting with family, friends, or others.
- Self-neglect: An elder's inability to care for their own basic needs, such as hygiene, nutrition, or medical care, due to physical or mental limitations.
Legislative Protection to the Mandatory Reporter
Under California law, a mandatory reporter cannot be held civilly or criminally liable for a report of elder abuse made in good faith. Moreover, mandatory reporters do not have any legal duty to investigate the report of elder abuse. They are only obliged to make that report.
Legal Consequences of Failure to Report Elder Abuse
The mandatory reporter who fails to report physical abuse, financial abuse, abandonment, isolation, abduction, or neglect of an elder will face:
- Up to six months in a county jail
- A fine of $1,000
The mandatory reporter who physical abuse, financial abuse, abandonment, isolation, abduction, or neglect where that abuse caused great bodily injury or death of an elder will face:
- Up to one year in a county jail
- A fine of $5,000.
In case the officer or an employee of a financial institution fails to report financial abuse, he will face
- A fine of $1000 or
- A fine of $5000 in case the failure to report is intentional.
Signs of Elder Abuse
Recognizing the signs of elder abuse is crucial for intervention and prevention. Some common signs include:
- Physical signs: Unexplained injuries, bruises, cuts, burns, or fractures.
- Behavioral signs: Sudden changes in behavior, withdrawal, depression, anxiety, or fearfulness.
- Emotional signs: Agitation, confusion, or emotional distress.
- Financial signs: Unexplained withdrawals from bank accounts, missing property, or changes in financial documents.
- Neglect signs: Poor hygiene, malnutrition, dehydration, or untreated medical conditions.
Who is a Mandated Reporter?
California law designates certain professionals as "mandated reporters," requiring them to report suspected elder abuse. Mandated reporters include:
- Healthcare providers (doctors, nurses, social workers, etc.)
- Law enforcement officers
- Clergy members
- Financial institution employees
- Adult protective services workers
- Long-term care facility staff
How to Report Elder Abuse
If you suspect elder abuse, it's crucial to report it immediately. Here's how:
- If it's life-threatening, call 911.
- If the abuse is not life-threatening:
- Contact Adult Protective Services (APS): Each county in California has an APS agency that investigates reports of elder abuse and provides support services.
- Contact law enforcement: You can also report elder abuse to your local police department or sheriff's office.
What Happens After a Report is Made?
Once a report is made, APS or law enforcement will investigate the situation. This may involve interviewing the elder, the alleged abuser, and other witnesses. If the investigation finds evidence of abuse, APS or law enforcement will take steps to protect the elder and may pursue legal action against the abuser.
Protecting Yourself from Liability
California law protects individuals who report elder abuse in good faith from civil or criminal liability. This means that you cannot be sued or prosecuted for reporting suspected abuse, even if the investigation does not find evidence of abuse.
KAASS LAW: Your Partner in Protecting Elders
At KAASS LAW, we are dedicated to protecting the rights and well-being of older adults. If you suspect elder abuse, we can help you understand your reporting obligations, navigate the legal process, and advocate for the protection of the elder. We can also provide legal representation to elders who have been victims of abuse, neglect, or exploitation. Elder abuse is a serious issue, but it often goes unreported. Your report could make a significant difference in the life of a vulnerable elder. Contact KAASS LAW today for consultation. We're here to help you protect our elders. Additionally, if your family suffered from elderly wrongful death by a caregiver, we can help represent and help your loved ones.
California Temporary Restraining Orders "TRO"
A Temporary Restraining Order, "TRO", is issued by a court which temporarily protects people from Civil Harassment, Workplace Violence, Domestic Violence, and Elder Abuse or Dependent Adult Abuse. A TRO directs the abuser to not contact and abuse the victim. It regulates and restricts the behavior of the abuser. A TRO is generally issued for 21 days. In some cases it can last a bit longer, usually until the abuser is served with the TRO. There are several types of Restraining Orders.
Domestic Violence Restraining Orders
Domestic Violence Restraining Orders – Domestic Violence Restraining Orders require a special relationship between the parties such as: married or registered domestic partners, divorced or separated, dating or used to date, living together or used to live together, or persons closely related by blood such as parent, child, brother, sister, grandmother, grandfather, in-law.
How to Obtain a Domestic Violence Restraining Order?
To obtain a domestic violence restraining order the victim must prove by a preponderance of the evidence that the victim has suffered some type of abuse which could include bodily injury, including causing or attempted to cause bodily injury, sexual assault, or show that the victim has been placed in reasonable apprehension of receiving imminent serious bodily injury.
Workplace Violence Restraining Orders
Workplace Violence – An employer may obtain a restraining order to protect an employee from being subjected to unnecessary violence and threats of violence at the workplace. The restraining order extends protection to certain family members or household members and other employees at the workplace.
Civil Harassment Restraining Orders
Civil Harassment - Restraining Orders involving Civil Harassment(s) there does not need to be a special relation between the parties. A civil harassment restraining order is issued when a person is being subjected to stalking, threat of violent, sexual assault, or some kind of harassment, such as unlawful assault and battery or conduct that severely alarms, annoys, or harasses the other person and serves no legitimate purpose. Civil harassment restraining orders are usually issued between neighbors, roommate, friend, family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or strangers. A few scenarios considered as "harassment" by the court include:
- Repeatedly calling, emailing, texting, the victim's home or at their place of employment;
- Keeping the victim under surveillance by following and/or remaining present outside their school, home, or at the victim's place of employment
- Repeatedly following the victim about in a public place or places;
- Videotaping or taking photographs of the victim at their home
Elder or Dependent Adult Abuse Restraining Order
Elder or Dependent Adult Abuse – An elder or dependent adult may request a restraining order to seek protection against abuse. An elder is defined as anyone 65 years or older and a Dependent Adult is a person between the ages of 18 and 64 years of age that has disabilities that prevent that person from performing the normal activities in life. The restraining order may be filed for the elder or dependent adult by a conservator or a trustee of the elder or dependent adult, a guardian ad litem, or any person legally authorized to seek relief.
The TRO Process in California
For a person to obtain a TRO in California, that person must go to court and fill out the required paperwork explaining to the judge what occurred and why that person needs a restraining order. This person can ask the judge to issue a Temporary Restraining Order without notifying the other party. Most judges are inclined to issue the Temporary Restraining Order if enough facts demonstrate the need for a restraining order. The Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing. It is after personal service the TRO is in full force and effect. This means there must be proof that the defendant was personally served with the TRO.
Get Help Defending a Restraining Order from an Experienced Restraining Order Lawyer
Hire the most dedicated Los Angeles restraining order attorney. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced restraining order lawyer to carefully analyze the facts of your case to prove the facts necessary. Whether you would like to to have a restraining order filed against a person, or if you are in need of defense against a restraining order. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced restraining order lawyers today.
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