Exploiting an elderly person's trust, vulnerability, or dependence to steal money, property, or assets is elder abuse. It is a serious wrong, and California law treats it accordingly. At Fox Law, we represent victims of financial elder abuse and their families, pursuing every remedy available under California law.

Financial elder abuse often surfaces in the context of inheritance disputes. Common examples are a caregiver named as sole beneficiary, a child who drained a parent's financial accounts before their death, or a senior’s new romantic partner who persuaded them to disinherit their family in favor of the partner. If you're facing a painful situation like this, you're in the right place to get the help you need.

What Is Financial Elder Abuse Under California Law?

California's Elder Abuse and Dependent Adult Civil Protection Act, Welfare and Institutions Code § 15600 et seq., provides one of the strongest legal frameworks for elder protection in the country. In California, financial elder abuse is when a person or entity takes, hides, appropriates, or keeps an elder or dependent adult’s real or personal property for a wrongful use.

Under California law, an "elder" is any person 65 years of age or older. A "dependent adult" is a person between ages 18 and 64 who has physical or mental limitations that restrict their ability to carry out normal activities.

California law explicitly makes the exercise of undue influence a ground for liability. Abusers can be held liable not only for directly taking or concealing property, but for helping someone else to do so. A use is “wrongful” when the actor knew, or should have known, that their act would cause harm.

Often, financial elder abuse is made possible because the victim knows and trusts the abuser, who may be:

• A family member
• A paid caregiver
• A friend, neighbor, or trusted acquaintance such as a person known from their house of worship
• A professional service provider

While a personal relationship like those listed above can open the door for financial elder abuse, financial scams that target the elderly are increasingly prevalent. Whether the abuser is someone who has a previous connection with the senior, or someone unscrupulous who has taken financial advantage through a scheme or scam, an experienced elder abuse lawyer can help get justice.

Why California's Elder Abuse Law Matters: Enhanced Legal Remedies

California's Elder Abuse Act is particularly powerful because of the enhanced remedies it provides. Pursuing a financial elder abuse claim is often strategically important alongside a trust or will contest.

In a successful financial elder abuse case, California courts can award:

Full Compensatory Damages

Recovery of the money, property, or assets that were wrongfully taken, regardless of whether the elder has since died.

Attorney Fees and Costs

California's Elder Abuse Act allows a prevailing plaintiff to recover attorney's fees and litigation costs from the defendant, which is not the case with most civil litigation. This possible shifting of attorneys' fees can eliminate the cost of litigation as a major barrier to pursuing justice.

Punitive Damages

Where the defendant acted with malice, oppression, or fraud, which is common in deliberate financial exploitation cases, the court can award punitive damages beyond the actual harm caused. As the name suggests, these damages are intended to punish the defendant for their wrongdoing.

Damages for Pain and Suffering

Enhanced damages for pain and suffering may also be available even after the victim of financial elder abuse has passed away. These damages can be sought in claims brought by the deceased person’s estate or surviving family members, under specific circumstances outlined in the statute.

Because these remedies go well beyond what is available in standard probate or civil litigation, they make the Elder Abuse Act a powerful tool for families dealing with financial exploitation, particularly when it overlaps with trust or estate disputes.

Common Forms of Financial Elder Abuse in California

Financial elder abuse takes many forms. In the estate and trust litigation context, the most common scenarios we see include:

Misuse of Power of Attorney

An agent entrusted with a durable financial power of attorney uses it to redirect assets, empty bank accounts, transfer real property, or change beneficiary designations for their own benefit rather than the elder's.

Theft and Misappropriation by Caregivers

A caregiver with access to an elder's home, finances, or accounts systematically steals cash, writes unauthorized checks, or uses the elder's credit cards.

Undue Influence Over Estate Planning

A person in a position of trust manipulates a vulnerable elder into changing their trust, will, or beneficiary designations to favor the influencer, often at the expense of legitimate heirs. This scenario frequently gives rise to both an elder abuse claim and a trust or will contest.

Exploitation by Family Members

Adult children or other relatives who have control over an elderly parent's finances use that control to divert funds, transfer assets into their own names, or exclude siblings from inheritances they would otherwise receive.

Fraudulent Transfers of Real Property

An elder is induced, through deception, pressure, or misrepresentation, to deed their home or other real estate to another person, often for little or no consideration.

Investment Fraud and Financial Scams

Strangers or unscrupulous "advisors" target elders with fraudulent investment schemes, fabricated emergencies, or romantic relationships designed to extract money over time.

If you or a loved one has experienced one of these scenarios, consult a financial elder abuse attorney as soon as possible to learn about your legal options.

Warning Signs of Financial Elder Abuse

Victims of financial elder abuse may not even recognize that they are being abused. Those who do frequently hesitate to come forward out of shame, loyalty to the abuser, or fear of losing a caregiver. Family members and heirs are often the first to notice something is wrong. Warning signs include:

• Unexplained withdrawals, wire transfers, or changes to bank accounts
• Sudden changes to estate planning documents: trusts, wills, powers of attorney, or beneficiary designations
• Real property transferred to a new person, often a caregiver or recent acquaintance
• Unpaid bills or a decline in living standards despite adequate financial resources
• A new person who has taken control of the elder's finances, communications, or social access
• The elder expressing fear, confusion, or dependence on a specific individual
• Estate documents that look different from prior versions, or that were signed during a period of cognitive decline

If you recognize one or more of these patterns, California law may provide legal remedies, even if your loved one has passed away. The sooner you act, the better your ability to preserve evidence and recover assets.

Financial Elder Abuse and Trust Litigation: How They Interact

Financial elder abuse cases often arise in the context of a broader inheritance dispute. For example, the same person who stole from an elderly parent during their lifetime might also be named as the beneficiary of a trust amendment signed under suspicious circumstances. California law allows families to pursue both claims simultaneously:

• A financial elder abuse claim under Welfare & Institutions Code § 15600 et seq. to recover the stolen assets and obtain enhanced remedies
• A trust or will contest under the California Probate Code to invalidate estate documents that were the product of undue influence, fraud, or incapacity

Pursuing both claims together, where the facts support it, can be a powerful strategy. It maximizes recovery, creates leverage in settlement negotiations, and holds wrongdoers accountable across every dimension of the harm they caused.

At Fox Law, our attorneys are experienced in both financial elder abuse litigation and trust and estate litigation, and we handle cases where the two areas intersect every day.

Frequently Asked Questions About Financial Elder Abuse in California

Can I bring a financial elder abuse claim after my loved one has died?

Yes. California law allows the elder's estate or surviving family members to pursue financial elder abuse claims after the elder's death. Certain enhanced remedies, including pain and suffering damages, require compliance with specific pleading requirements, but recovery of stolen assets and attorney's fees remain available.

Who can bring a financial elder abuse claim?

People who can file a claim for financial elder abuse include:

• The elder
• The personal representative of a deceased victim’s estate
• The elder’s successor trustee
• In some circumstances, a family member who suffered harm due to the financial abuse

Standing to sue in these cases is often fact-dependent; it’s a question worth discussing with an attorney.

What if the person who committed the abuse is also the trustee?

This is a common scenario. A trustee who commits financial elder abuse can be pursued simultaneously for breach of fiduciary duty under the California Probate Code and for elder abuse under the Welfare & Institutions Code. The trustee may also be subject to removal and surcharge, which means they can be personally liable for losses their misconduct caused.

Should I report financial elder abuse to law enforcement or Adult Protective Services?

Yes, and we can help with this. Criminal reporting and civil litigation are not mutually exclusive; in some cases, an investigation in the civil action can support the criminal case. California Adult Protective Services (APS) accepts reports of suspected elder abuse and can be an important resource.

How quickly do I need to act?

California's statute of limitations for financial elder abuse claims is generally four years from the date the abuse was discovered or should have been discovered. That said, building a case is time-sensitive. Accounts get closed, assets get moved, and witnesses' memories fade. Acting promptly significantly strengthens your case.