Elder abuse doesn’t just include physical harm, or constant neglect – it also applies to financial crimes, such as stolen cash, jewelry, or a ploy to steal retirement funds. Elder financial abuse is a serious offense in California, with a severe penalty for elder financial abuse if prosecuted by the District Attorney’s Office as a felony.
Gain a better understanding of the penalty for elder financial abuse in California, and don’t hesitate to contact Gokal Law Group if an elderly loved one has been a victim of elder financial abuse.
Related Article: Is Elder Abuse a Felony in California?
Crimes Related to Elder Financial Abuse
Elder financial abuse is a financial crime against someone age 65 or older; it can also apply to a dependent adult between ages 18 and 64. It can happen in a number of ways, including via financial crimes under the California Penal Code. Such crimes include stealing, fraud, embezzlement, and identity theft. It can range from taking cash and checks from an elder’s wallet to coercing them into signing over their retirement accounts.
Since older, dependent adults can be more vulnerable to exploitation than other age groups, elder financial abuse is a serious crime in the state of California. In fact, in accordance with California’s Three Strikes rule, a felony elder financial abuse can land offenders in prison for 25 years to life.
Related Article: What Are the Two Categories of Elderly Financial Abuse Crimes?
What’s the Penalty for Elder Financial Abuse?
Elder financial abuse can be charged in two ways: as a felony, or as a misdemeanor. If charged as a misdemeanor, the penalty for elder financial abuse can include 364 days in county jail and a fine of up to $1,000. If charged as a felony, penalties can include between two and four years in state prison, plus a fine of up to $10,000.
Furthermore, felony elder financial abuse is a crime under California’s Three Strikes law, as long as the crime committed qualifies as a burglary. In other words, if the culprit already has two serious felonies on their record, they could receive a prison sentence of 25 years to life after breaching elder abuse laws.
Related Article: A Case Study of Elder Financial Abuse in California
Protect Your Loved One’s Assets with Gokal Law
If you feel that you or a loved one has been a victim of elder financial abuse, it could be time to contact an Orange County trust attorney to claim your recompense. Seeing as this is a serious crime in the state of California, the penalty for elder financial abuse is similarly severe. Gokal Law Group is your go-to law firm for help navigating trust litigation, estate administration, and cases of elder abuse. We hold a track record of successful judgments and settlements, especially when confronted with highly combative estate disputes. When you consult us, you can rest easy knowing 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 attorney has a specific practice area for which they are tried, tested, and battle-ready. Each has vast years of experience in their practice area, providing them the knowledge, skills, and vision to fight and win. Learn more about Gokal Law Group, and reach out to our offices for assistance in enforcing or invalidating changes to trusts.
6 Responses
I am an elder financial fraud victim as was my mother. Need to discuss my case at your earliest convenience to discuss details of my case. Sheila Scanlon
Daughter of Lillian G Scanlon
530 737 7985
My sister, who didn’t see my elderly aunt for almost 6 years, returned in 2020 under the guise of helping my sunt and my aunt’s elderly boyfriend during the COVID-19 crisis. Within months my sister got a POA health directive in place; months later, she coerced my aunt into modifying her estate plan, leaving my sister and her family the bulk of the estate. Months later, my sister took my aunt to a doctor that my sister selected and had my aunt deemed incompetent, with early onset of dementia. The live in boyfriend died January 2022 and within weeks, my sister had my aunt committed to a locked door assisted living facility.
Within the same year, my sister sold my aunt’s car, moved her daughter into my aunt’s 2.5 million dollar home and my sister bought herself a new car, solar panels on her house, a new roof on my sister’s house and a new paint job on my sister’s house, all the while, when my sister and her husband were unemployed!
I petitioned the court for a temporary conservatorship and during court my sister finally admitted my aunt had an account with 300k in it, minus 52k.
My sister and her daughter admitted that the daughter and her “female partner ” were living at my aunt’s house, rent free.
My sister destroyed what is left of my 90-year-old aunt’s life, so she could inherit the bulk of my aunt’s estate.
This is elder abuse and I need help writing this wrong.
Excellent article, very informative.
My 94 year old father in law has recently been scammed out a trucking company.. his name is Richard P. Chado lives @408 east 25th Street in Upland, California…The trucking company is Hemlock Logistics Inc (agent) Kenneth Brooks, Cindi Terich a 55 year old woman who has been by his side since 2016, we believe she is heavily involved-we believe as he has numerous businesses and bank accounts that she has had access to for years..he is living in fear as we heard he’s been going to a gun range in Riverside CA and bought a pistol..we think he was recently scammed out of the above mentioned trucking company. He’s changing (1).Trust (2).Bank Accounts(3) Selling commercial property (4) Starting new businesses with strangers..Keneth Brooks 214 ROSECRANS, Manhattan Beach, CA is his new attorney but has not appeared in court on any of his cases? We believe that maybe K Brooks esq. may have been disbarred?
Inheritance theft
Financial elder abuse
Fraud
Someone tricked my Father out of his silver hoard while he was mentally diminished. I have documentation and witnesses.
My brother was the Executor and Admistrator for the Kamps Family trust. He kicked me and 2 sisters out of the trust as Trustees and sold off the parents house at 1109 country club drive in Modesto Ca. from AL and Helen Kamps..we’re parents who owned it. SOLD IT FOR $850,000. Placed money from sale in B trust with inly his 2 daughters and himself. John Kamps. Then never gave us any documents of the estate till after my mom died. Helen kamps died in 2012 AL died in 1989. Also there was a retirement home investment in Manteca called North Street Property to pay me a 1/9th share of :$2500 per month after my mother died. WHICH JOHN KAMPS TOOK FOR HIMSELF. SINCE 2014 . AND NEVER GAVE ME TITLE TO THE PROPERTY OR ANY DOCUMENTS TO OWNERSHIP OF SAID ESTATE SHARE AROUND $300,000 IS WHAT HE TOOK AND NEVER GAVE ME AS STATED IN THE KAMPS FAMILY TRUST