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.