Elder Financial Abuse

Elder Abuse has become more widespread in recent years as a result of our aging population and the prevalence of outdated powers of attorney and/or trust documents.  Frequently, the alleged financial abuse is not discovered until after the elder person has passed away. Therefore, financial abuse often overlaps with a number of other estate matters, including Conservatorships, Probates, and Trust Litigation.

 

Elder Financial Abuse under the Welfare and Institutions Code occurs when there is a family member over the age of 65 who is unable to care for themselves, either because of physical or mental incapacity.  

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California law (Welfare and Institutions Code § 15610.30) states that "financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:

 

   (1) Takes, secretes, appropriates, obtains, or retains real or

personal property of an elder or dependent adult for a wrongful use

or with intent to defraud, or both.

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   (2) Assists in taking, secreting, appropriating, obtaining, or

retaining real or personal property of an elder or dependent adult

for a wrongful use or with intent to defraud, or both.

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   (3) Takes, secretes, appropriates, obtains, or retains, or assists

in taking, secreting, appropriating, obtaining, or retaining, real

or personal property of an elder or dependent adult by undue

influence.

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The Kelly Law Firm has extensive experience in representing clients in disputes related to elder law and abuse. We are dedicated to upholding the rights and interests of our clients and ensuring that their needs are met.