Elder abuse is, unfortunately, a persistent issue, especially in California. If you or a loved one has fallen victim to this form of abuse, whether physical or a type of elder financial abuse, acting immediately and working with an expert elder abuse lawyer is of the utmost importance. Unfortunately, the culprits in these situations act strategically and are experts at avoiding detection, so it is not always easy to spot the signs when this abuse begins.
Because it comes in many different forms, the statute of limitations for elder abuse in California varies from case to case. Failing to understand the window you have can result in never receiving justice. Learn more in our blog:
What are the California Elder Abuse Statute of Limitations?
When considering the statute of limitations for elder abuse in California, understand that they fall under the category of personal injury lawsuits.
Because of this, in California, most forms of senior abuse carry a statute of limitations of two years. The “clock” starts running on the date of the incident of abuse. What does this mean? You have two years from when the abuse transpired to pursue justice.
The nature of senior abuse complicates things. These are often continuous, ongoing crimes. There is typically not just one incident. In situations that involve fraud, the statute of limitations is three years. For elder financial abuse, the statute of limitations is four years.
There are several types of elder abuse, all of which have individuating legal implications. To understand the statute of limitations for your situation, it is essential to consult a premier elder abuse attorney.
Are There Exceptions to the California Elder Abuse Statute of Limitations?
Like with many things in life, there are exceptions to the statute of limitations or elder abuse in California that are important to consider. Still, before we explore these exceptions, we recommend never relying on exceptions and assuming you have a wide-open window.
One key exception to be aware of is, well, awareness. If you were unaware of the injury when it occurred, the statute of limitations pauses until you could have “reasonably discovered” the injury.
For example, in a situation that involves elder financial abuse, it is normal for family members to initially be oblivious that someone has been siphoning off their loved one’s finances.
Also, if the victim suffers from mental incapacity, this may widen the window and extend how long you have to pursue justice. If they live at a nursing home and the facility actively tried to conceal the abuse, this can also extend the window.
Regardless of the circumstances, consulting with an elder abuse lawyer immediately is of the utmost importance to determine if your situation or that of a loved one qualifies for an extension on the statute of limitations.
Contact Us to Work With a Premier Elder Abuse Attorney
With such a narrow window, the statute of limitations for elder abuse in California makes acting quickly critical to receiving justice. Different forms of this abuse carry different statutes of limitations, from elder financial abuse to physical abuse, and several exceptions can extend your window. Only a premier elder abuse lawyer can determine how long you have and if you can capitalize on an exception that extends this window of opportunity.
Fortunately, at Gokal Law Group, we possess unmatched expertise and experience in helping elder abuse victims receive justice. Call us at (949) 753-9100, or contact us to schedule a consultation.
4 Responses
Hello, I am many years past the date of my grandmother’s passing (2012). My purpose in contacting you is to ask if the window of time to pursue the people who, I believe, abused her trusted and lack of mental capacity. In 1995, her youngest daughter, an attorney, terminated the executor of my grandmother’s will. Her youngest daughter appointed herself as the new executor. By 1998, my grandmother’s will had been altered entirely, leaving a few siblings mostly out of the will (including my father, her brother). This change was not mentioned until 2004. Although a lot of arguing took place between 2004 and the time of my grandmother’s passing, my father did not want to subject his mother to being a courtroom, watching her children fight with one another. Part of thinking was that his mother had dementia. This fact gives me pause. Depending on when the diagnosis of dementia was determined, this might have an impact on her ability to be in sound mind when changes to her will were given consent. Although I know that this is elder financial abuse, I understand that the statute of limitations may have already passed. However, I did not want to assume one way or the other. Thank you very much for your consideration of this matter. I look forward to hearing from you at your earliest convenience. Best regards, Jason
I would like to know if I ran out of time with regards to the statute of limitations for fraud against my elderly mom. I had researched this a few years ago and thought I had 5 years from discovery, but now in reading this, I may have run out of time.
The situation involves my brother who had power of attorney for her bank account.
She passed away in February of 2020 and when we cleaned out her house, I brought her paperwork home to shred. While shredding the old bank statements, I noticed something unusual and looked a little closer at the statements. That’s when I noticed that my brother had written himself several checks totaling over $190,000. I wrote him a letter and sent him copies of the cancelled checks and told him to call me after he digested this. To this date, I haven’t heard from him. So I’m looking at taking legal action against him…
If you can help, I would appreciate it.
My husband died of pancreatic cancer June 29,2021 My son came to help and he became my financial POA. The idea was to sell my CA home and he would reinvest in a large home my son, his wife, and my 23 year old daughter could live in in AZ. My son sold my home for 1 million, 75K. At the time I was overmedicated on antidepressants in large doses. My medical records prove this. I am 71 years old. When my son bought the new house in AZ, he put himself and his wife on title and not me! Long story short, I lived with my son and his wife Oct.5-Jan 1 2021. I was subjected to a LOT of verbal abuse and asked my husband’s cousin and best friend to come get me and he did. I am in IA now and remarried last year, I also revoked the financial POA and moved my pension and SS deposits to a bank here in IA.
Recently I sent my son a nice email asking when or if they intend to put me on title. He and his wife called, postured, and were extremely verbally abusive for an hour and 40 mins. They have no intention of adding me to title, claim to have 2 mortgages on “their” home. I refuse to let them bully and try to intimidate me ever again. They threatened me with legal action. At this time I believe myself to be a victim of elder abuse, abuse of a financial POA, and real estate fraud. Also financial exploitation of a vulnerable elder. My medical records prove I was overmedicated on antidepressants and gabapentin from 2018-2022.I am having trouble finding an attorney to help try and recuperate even a portion of the equity from my home. I can provide the addresses of the home in Stockton, CA and the address of the home in AZ. Do I have a case? Are you willing to help? I will not allow them to abuse me further. I have no records of the real estate transactions. They kept all that. Can I force the sale of that AZ home or put a lien on it? I don’t want the house. I live in IA and my now-husband and I are buying a little house. I was constantly subjected to dumb lectures and other things while living with my son, who is now posturing for a fight. I feel the only way to communicate with them is through an attorney,
My concerns surround elder abuse by an insurance company adjuster that made threats of harm, misrepresented to me facts. It involves Malice, fraud and many lies to influence me. Caused me much mental and financial loss due to his actions.