Under California Law, elders over the age of 65 and dependent adults between the ages of 18 and 64 are protected against many forms of abuse, including financial exploitation by family members, caretakers, neighbors, professionals such as financial advisors/bankers, and other strangers. Victims of elder financial abuse can recover not only the initial value of their lost assets but also treble damages ( indicating that a statute permits the victim to get up to 3 times the amount of actual/compensatory damages), punitive damages ( an additional amount awarded by a court to punish the abuser), and any profits, interests or other monetary gains arising from the stolen possessions, as well as attorney’s fees.
If someone has financially abused you or a loved one, it’s imperative to get proper legal representation. With the assistance of a reputable California elder financial abuse lawyer, you will maximize your chances of recovering the amount that does you justice. Examples of elder financial abuse include stealing personal property ( e.g. money, jewelry, or other possessions) from an elder/dependent adult, manipulating an elder to hand over their assets, coercing an elder into signing a contract/will or forging their signature, cashing checks without the elder’s permission, telemarketing fraud, home sale scams, and Power-of-Attorney fraud, among others.
Consulting with and hiring specialized legal counsel is necessary if you want to pursue an elder financial abuse claim in a civil court in California because you need to prove that the abuser knew or should have known that his/her act was likely to cause harm to the elder or dependant adult. A skilled attorney with experience in handling these cases will help you prove this even if the financial abuser is a family member, caretaker, or close friend. It’s worth noting that although California law provides criminal penalties for those that knowingly abuse seniors, victims can choose not to press criminal charges. Keep in mind that California has a statute of limitations of 4 years for financial elder abuse, but this statute does not apply if the theft or embezzlement is ongoing and current.
If you are a victim of elder financial abuse or suspect that an elderly relative has been financially abused in California, do not hesitate to schedule a consultation with a skilled and experienced California elder financial abuse attorney at the award-winning law firm Stone & Sallus LLP by calling 310-889-0233, filling out the online contact form, or via live chat, available 24/7, to discuss your specific case and the legal remedies.