What is Elder Financial Abuse Under California Law?
November 29, 2024 Posted In Uncategorized
Elder financial abuse is a type of elder abuse that involves the illegal or improper use of an elder’s funds, property, or assets. The state defines an “elder” as anyone aged 65 or older.
California Law on Elder Abuse
California Welfare and Institutions Code § 15610.30 defines financial abuse of elders and dependent adults as the wrongful taking, hiding, misusing, or retaining of their property. Key provisions include:
- Acts Constituting Financial Abuse:
- Taking, retaining, or misusing an elder’s property with intent to defraud or for wrongful use.
- Assisting others in such actions.
- Using undue influence, as defined in Section 15610.70, to obtain or control the elder’s property.
- Wrongful Use: A person or entity is considered to have acted wrongfully if they knew or should have known that their actions would harm the elder or dependent adult.
- Property Deprivation: Financial abuse includes depriving an elder or dependent adult of their property rights, whether directly or through agreements, transfers, or wills.
- Role of Representatives: Representatives, such as trustees, conservators, or attorneys-in-fact, may also be involved in financial abuse if acting outside their legal authority.
Common Types of Elder Financial Abuse
Common examples of elder financial abuse include:
- Theft: Directly stealing money or property from an elder.
- Fraud: Deceiving an elder to gain access to their assets, such as through scams or false pretenses.
- Undue Influence: Manipulating an elder to make financial decisions against their best interests, often benefiting the abuser.
- Identity Theft: Using an elder’s personal information without consent to commit financial fraud.
- Embezzlement: Misappropriating funds entrusted to someone, such as a caregiver or family member.
These acts not only deplete the individual’s finances but can also cause emotional distress and loss of independence.
Penalties for Elder Financial Abuse in California
California Penal Code § 368 classifies elder financial abuse based on the value of the property taken and the circumstances surrounding the crime. The penalties include:
Property Value Less Than $950
- Misdemeanor charges.
- Penalties include up to 1 year in county jail and fines up to $1,000.
Property Value Exceeds $950 or Involves Fraud
- Felony or misdemeanor charges (at the prosecutor’s discretion).
- Felony convictions can result in up to 4 years in state prison and fines up to $10,000.
Enhanced Penalties
If the abuse causes significant financial harm or emotional distress, courts may impose harsher sentences. Repeat offenders or those in positions of trust (e.g., caregivers) may also face additional penalties.
Resources for Victims of Elder Financial Abuse
Fortunately, the state offers various resources to support victims and prevent this type of exploitation.
Adult Protective Services (APS)
APS provides assistance to elders (60 or older) and dependent adults who are victims of abuse, neglect, or exploitation. Services are available regardless of income and at no cost. To report abuse, call 1-833-401-0832 and enter your 5-digit zip code to connect with your county’s APS office, available 24/7.
Local Law Enforcement
Victims or concerned individuals can report suspected financial abuse to local police or sheriff’s departments, which often have units dedicated to elder abuse.
California Department of Financial Protection and Innovation (DFPI)
The DFPI offers resources on preventing and reporting elder financial abuse, including guides and reporting forms. They also provide educational materials to help seniors protect themselves from financial exploitation.
Legal Assistance
Victims should consult a trusted Riverside elder abuse attorney as soon as possible. They can help pursue civil claims against perpetrators to:
- Recover stolen or misappropriated assets.
- Seek compensation for damages, including emotional distress.
- Request punitive damages if the abuse involved malice, fraud, or oppression.