Financial Elder Abuse
Sadly, in most cases of financial elder abuse the abuser is someone the elderly person or their family trusted. They may be a caretaker, family member, friend, attorney, stockbroker, or any other person who gains access to the elder’s assets, or who persuades the elder to make an improper investment decision.
Older Americans are less likely to report a fraud because they don’t know who to report it to, are too ashamed at having been scammed, or don’t know they have been scammed. Elderly victims may not report crimes because they are concerned that relatives may think they no longer have the mental capacity to take care of their own financial affairs.
Civil Law Defines Civil Elder Financial Abuse as when a Person or Entity does any of the Following:
- Takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud, or both.
- Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder for a wrongful use or with intent to defraud, or both.
- Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an by undue influence. Undue influence means excessive persuasion that result in inequity. (Welfare & Institutions Code Section 15610.30)
The Most Common Types of Financial Abuse Involves the Following:
- Loss of Real Estate
- Unsuitable Insurance Products
- Mortgage Loan Fraud
- Family Member Fraud
- Telemarketing Fraud & Scams
- Identity Theft
At Elder Protection Center, Protect the People You Love is our number one priority. You are not alone. If you or your loved one has been the victim of elder abuse, I can help you. I’m San Diego elder abuse attorney Ramon E. Lewis. My practice focuses exclusively on helping families and victims of elder physical neglect & abuse, elder financial abuse, medical malpractice, personal injury and wrongful death cases throughout Southern California.