According to 2022 statistics, 26% of surveyed elderly in Los Angeles report being financially abused. And this isn’t even inclusive of the unreported cases, which make up 14 out of every 15 elderly abuse cases, according to recent research. These numbers equate to a shockingly common offense, one that leaves vulnerable elderly in financial ruin. However, there are steps you can take to regain what’s rightfully yours.
Under California’s elder abuse laws, harsh punishments are in place for abusers – but to claim your reparations you’ll have to prove that financial elder abuse took place. Read on to learn how to prove elder abuse in California, and reach out to Gokal Law Group to pursue recompense.
How to Prove Elder Abuse In California
Before diving into the steps of proving financial elder abuse, some context is necessary. To file a financial elder abuse claim, the plaintiff must have been 65 years old when the abuse occurred. Since the cases are very fact specific, you will then need to hire legal counsel to investigate, and ultimately prove that the defendant violated California’s elder abuse statute.
There are a handful of violations unique to California’s elder abuse laws, including:
- The use of fraud, coercion, or undue influence to attain an elder’s property,
- Taking property without permission, with no intent to return it,
- Retaining an elder’s property after they’ve asked for it to be returned, and/or
- Assisting another person in an act of financial elder abuse.
It’s important to note that these offenses must be proved by a preponderance of evidence. In other words, your attorney’s findings must reflect that there’s over a 50% chance that financial elder abuse was committed. It’s a far lower standard than proving beyond reasonable doubt, which calls for 100% confidence in a conviction. This preponderance of evidence standard therefore allows for civil claims to continue even if prosecutors see a lack of evidence.
Now that you know how to prove financial elder abuse in California, it may be time to consult a trusted legal counsel. Our trust attorneys have regained millions from acts of financial elder abuse, even returning a $700,000 home and life savings to a mother with an abusive son. Visit the Gokal Law Group website to read up on our verdicts and settlements.
Regain What’s Yours with Gokal Law Group
If you or an elderly loved one have fallen to an abuser’s ploys, contact an Orange County trust attorney to pursue your due recompense. Gokal Law Group is your go-to law firm for help navigating trust litigation, estate administration, and cases of elder abuse. We have a track record of successful verdicts and settlements, especially when confronted with highly combative estate disputes. Our attorneys are tried and tested in helping trustees administer their estates and trusts, as well as litigation if negligence or self-dealing is at play.
Each of our attorneys has vast years of experience in their practice area, providing them the knowledge, skill, and vision to rightfully represent you. Learn more about Gokal Law Group, and reach out to our offices for assistance in enforcing or invalidating changes to trusts.
8 Responses
I have a 73 old relative who was forced to sell her primary residence and now the buyer is coming for whatever else she has left after he took her house.
My son and his family moved into my 6 bedroom house to help with my husband with Parkinson, dbs, brain surgery. Now he denies offering help, had me inital papers, gifting him my portion of the house. Redid the deeds about 7 times. Elder abuse, financial abuse. Said I didn’t pay my rent, no rent was discussed, and when my husband died, evicted me. My brother found out my son had help getting the house out of my name, evicting me, and transcript mentions the stress and trouble living in the house. I’ve been homeless, living in a restaurant for 2 yrs., under psychiatric help since he moved in, and now caregiver of a 84 yr old man. 24/7 on 30 prescriptions plus. The neighbors who live above have talked to church members offering to help get my house back. I never received any papers that were sign until I was evicted. ” I gave my son the house as a gift. I went to an attorney.” This was the paper he evicted me with. My brother and son in law knew what he was doing and are willing to help. I lived in my home for 33 yrs. Added on 3 bedrooms and bath upstairs. My inheritance was spent on remodeling the kitchen for my 80 yr. Old mother in law that lived with us and she gave me and my husband as a gift. All my proof on paper was not allowed by my son’s attorney cause it wasn’t on court paper. My son called adult abuse on me and told the VA I’m not good enough to take care of my husband and put him in a rest home. I have all documents covering anything I say. Thank you, Nancy Barnum
My mom’s a shopolic and a hoarder. She spent my all my dad’s money 14 month, spent about 45 thousand and he’s only left with $ 1300 in checking, she’s been using his debit and checking and is not an authorized user.i just for power of attorney, amd closed his account, I thi k she is elderly abuse financial and now she just threatened him with divorce because she was declined at a store today. I’m lost ams I’m trying to figure out what to do. My dad is broke, I need help for some type of direction.
I’m 65 year elder an 18 year old gang member black my eye sent threats how can I get victims of a crime to help me relocate
Does the CA Elder Abuse statute apply to Dependent Adult Abuse cases if the Dependent Adult was over 60 and was coerced out of her 55 and up Condo via Fraudulent Notice to terminate and Harassment and RETALIATORY eviction ? 3years of discriminatory harassment by 2 Corporate Entities with witnesses & documentation and 1 1/2 years of various RETAILITORY acts w/good faith reporting preceding – and infliction of emotional distress from the acts as well as watching them harass my Gay Latino Son who lived out of State they threatened him if he didn’t use his money to prove I wasn’t negligent forcing him to come to CA at Christmas holiday season leave work w/out Notice during COVID . And they broke privacy was by calling him at work like that he wasn’t a co signer or a POA I am
Not incompetent but I am a 62 r old Wi-Fi on SSI disabled w/ an assurance animal they lied and harrassed and intimidated us both . I always paid rent on time during Covid I didn’t even do rental assistance . The penalties under the Fair Housing acts aren’t stiff enough for what these abusers did to us both and we are thousands in debt now I was displaced for 8 mths . There was horrific things they did It Wouk take a few hours to detail it but it’s severe . I have terrible trauma from it . TY dr Maryel McKinley PhD PS if it doesn’t apply – do you think your firm might consider assisting the Civil Rights Dept or FHE in pursuing this case under their statutes ? They work with outside attorneys is my understanding if not WOUKD you consider taking the case to Federal Court with me ? The last act of discrimination was in Oct 2022. Or do you have a referal to a firm you trust ? I am a corner OC resident but this occurred in Riverside County where it seems the lawyer for the Prop Mgt firm is connected as they were big money corp. it’s been very disheartening I have never been treated this way until I moved to the Palm Springs area they are very backwards how they treat women , elderly , disabled , and I am a celibate widow & a Christian they didn’t like my Son being a good man and he is homosexual Hispanic I am white with Cherokee . FYI they did sexual stiff too can’t talk about it yet Also my sister didn’t do as promised she was to deposit half of the money from sale if my deceased mothers home into my special needs trust after she sold it and we never received it . I was under so much harrassment that I couldn’t focus to address that . TY
My 84 year old husband was frequenting a Chinese message parlor and became very good friends with the masseuse. I recently found out that he bought her a home, furnished it and landscaped. Withdrew $250,000.00 from our joint account and deposited in her account. I have found credit card bills, one month $12,000 the next $7,000. Since September he has moved in and out of our home 10 times. At one point he told me he had to give her $50,000. in order to get his possessions back.
She is 35 years younger. Do I have a case?
We rented our home to an out of state nurse. She did not leave home as found and smoked on premises we found out. We are a “none smoking facility.” She accused us of unlawful eviction, but emails prove otherwise. She threatened us with huge lawsuit thru her attorney (did not use arbitration/remediation as contract calls for)when confronted, avoided us for 54 days after notice of problem by us and then sued us for over $133,000 versus $2800 security deposit. We have our side, but she isn’t interested she declares. She did not communicate to possibly make us look unconcerned. There is more. She expressed first day “how much for our home”? Her claims do not match many emails between us. My husband and I are both cancer survivors-one reason of many for no smoking. Our property is in N. CA. We are 65 & 71 at this time. We tried to work with her to prevent my husband from stress as he has had 2 heart attacks already. We try to treat people decently, but this is out of control and we need advice. We had to hire an attorney. We want to be fair, but she wants a big pay out that is extraordinary.
My elder spouse was loaned $25100 by Wells Fargo, San Francisco, to pay $700+/month when she had no means to repay, so she paid with cash advances on 6 credit cards until she owed $38000. I was compelled to pay this amount, to take out HELOC loan of $64000. Spouse attested she had our house as collateral, but as deed was held Joint Tenancy I had to sign for loan. Wells Fargo loaned without my signature.