California Elder Financial Abuse Attorney

We Protect Your Most Vulnerable Loved Ones

Elder abuse comes in many different forms. Many people’s first thought when they hear about elder abuse is someone is being abused in a nursing home facility or by home healthcare providers. While that is a terrible crime, elder financial abuse is also far too common and has generational consequences. The mission of a financial abuser is to drain as much of the elder’s assets as possible, leaving them without the funds necessary to care for themselves and leaving their heirs with little to nothing to inherit. We at Yonano Law Offices, P.C. have made it a personal mission to represent family members impacted by financial elder abuse and bring abusers to justice.

Call 916-894-8790 to schedule a case evaluation with a financial elder abuse attorney who prioritizes the advocacy of you and your loved ones. With decades of experience, you can count on Yonano Law Offices, P.C., to get results in your financial elder abuse case.

What is Financial Elder Abuse?

According to California law, financial elder abuse is the illegal or unethical exploitation of an elderly person’s assets, funds, and personal property by another party. Financial abuse occurs when someone wrongfully takes or withholds an elder’s financial resources for their own benefit. The abuser may use deception, undue influence, fraud, or coercion to take an elderly person’s assets. While it is common for abusers to outright steal those assets or use fraudulent actions, such as forgery, to misappropriate those assets, abusive power of attorney practices are also used to take an elderly person’s wealth.

Financially abusing vulnerable individuals is a revolting criminal act, and the state of California does not take these actions lightly. Punishments can include restitution, fines, and even imprisonment for the guilty parties. Yonona Law Offices, P.C. can assist you with your financial elder abuse case, and together, we will bring the person who violated your loved one’s trust to justice.

What Are Common Forms of Financial Elder Abuse?

Elder financial abuse comes in many forms, but preying on the vulnerability and trust of an older adult or dependent adult is the core of financial abuse. Perpetrators may be caregivers, close family members, financial professionals, and even strangers running a scam. Some of the more common forms of financial elder abuse are:

Stealing Money and Property

Many criminals don’t even bother with hiding their deceit. They steal money and property right from the elder or dependent adult’s home. These people are often caregivers, family members, and friends trusted by the elderly victim. Look out for missing jewelry, electronics, and personal belongings. Examine financial accounts to check for large transactions or unauthorized withdrawals and credit card use to catch early warning signs. Keep track of important property rights documents to ensure they are not being illegally transferred.

Forgery

Forgery is a very common form of abuse where a perpetrator falsely signs an elder’s name on checks, financial documents, and legal papers like wills or trusts. They use forgery to withdraw cash from financial accounts or transfer ownership of property to their name. Heinous thieves, in particular, will forge legal documents to alter estate plans, taking assets away from the elder’s intended heirs. Folks who suffer from cognitive diseases, such as Alzheimer’s disease, are prime targets for this type of abuse.

Altering Deeds, Wills, or Power of Attorney Documents through Deception or Undue Influence

Financial abusers may use manipulation to make an elderly person sign important legal documents with the intent of defrauding them. Abusers will use coercion, threats, or deceptive tactics to exert undue influence over the elderly person. This can be in the form of a caregiver pressuring an elder into signing over the deed to their home or changing their will to direct funds to the caregiver instead of their heirs.

Some people will even attempt to persuade an elder or dependent adult into giving them their power of attorney, giving the abuser the power to make financial and medical decisions on behalf of your loved one.

Con Artists

Con artists commit crimes by convincing vulnerable people to place their confidence in them. These scammers use a variety of tactics to steal from people. One common scam is called the “grandparent scam,” where the con artist convinces an elderly person that they are their grandchild and need money for some huge emergency, creating a sense of urgency that may lead to a senior loved one giving them important financial institution information or transferring money to the con artist.

Fame romantic relationships are a constantly growing issue. It is not difficult for scammers to create emotional connections with vulnerable, lonely people. They then use those romantic feelings to funnel money away from that person. According to the FTC, nearly 70,000 people reported being conned by a romantic relationship scam in 2022 alone, losing a combined $1.3 billion. Speaking with your elderly parents and grandparents about these scams before they happen can help them avoid them.

Fraud

How many scam phone calls have you received just today? While you may know to simply not answer these calls or to Google their validity, your aging parents and grandparents may not. Fraud phone calls are designed to get money and personal information from people. Many unlucky people give their information to these scammers and then have their financial accounts completely drained. Some of the most common phone scams include:

Lottery scams try to convince people they won a lottery or prize, but they must first pay taxes and fees before they can claim their prize.
IRS and government impersonation scams involve scammers posing as government, IRS, Medicare, and Social Security officials. They threaten their target, demanding payment for a made-up fine that, if unpaid, will result in their losing coverage or facing fines.
Tech scams involve a scammer posing as a computer technician who convinces the elderly that their device has been compromised and then charges them for “repairs.”
Investment scams where elders are pressured into investing in fake businesses and schemes with the promise of high-yield returns, only to see a significant loss.

The best way to avoid these scams is to speak with elder or dependent adults about them. Warn them of common phrases. Convince them not to answer calls from numbers they don’t recognize. Let them know that they can call you to get your opinion on these calls before making any big decisions.

Elder financial abuse costs seniors over $3 billion annually. Has your loved one been conned by one of these scammers? Call 916-894-8790 to speak with Yonano Law Offices, P.C., and find out how we can fight to hold scammers accountable.

Which California Laws Govern Elder Financial Abuse?

California does not take elder abuse of any kind lightly and has laws meant to protect our most vulnerable citizens. California Welfare and Institution Code section 15600 protects people 65 years of age or older and dependent adults from most types of physical abuse and neglect but also covers various financial elder abuse and cyber crimes. It holds any person liable for “taking, secreting, appropriating, obtaining the real or personal property of an elder or dependent adult for wrongful use or with intent to defraud.”

In order to prove financial elder abuse, you will have to show that the perpetrator knew or should have known that their acts were likely to harm the elder or dependent adult. A big issue that arises in these kinds of crimes is the reluctance of the elderly victim to report elder financial abuse. This may be because of their pride or because they are afraid of losing certain privileges due to concerned family members.

Criminal Penalties

California law seeks to punish these criminals with fines, punitive damages, and imprisonment.

Charges and punishments depend on the severity of the crime and the financial damage. Misdemeanor penalties may include up to one year in a country jail, fines, and restitution. Felony charges can result in two to four years in state prison, fines up to $10,000, and restitution.

How Do You Choose the Right Elder Financial Abuse Attorney in California?

When you suspect financial abuse, one of the first things you should do is consult an elder financial abuse attorney. This first step can help you understand your rights, whether or not abuse may be occurring, and legal action available to your situation. However, you don’t want just any attorney. Your best bet is to work with someone who has extensive knowledge about this and other elder law topics. But how can you be sure you’re working with the right law firm for the job? Below are essential steps you can take to find the right legal representation in California.

Elder Financial Abuse Experience Matters

Elder financial abuse law is a specialized area of law that covers various types of law, from criminal and civil to probate law. Your attorney needs to have direct experience handling elder financial abuse cases. Yonano Law Offices, P.C. has over 28 years of experience helping elderly adults and their family members find elder abuse criminals and holding them accountable.

Are They Successful?

Your attorney needs a proven track record of successfully litigating elder financial abuse cases and recovering stolen assets. They should be able to hold abusers accountable for their devious actions. Ask your potential attorney about their past cases and their outcomes. Yonano Law Offices, P.C. has the confidence to help with your particular case, and our clients value our five-star services. You can check our reviews and testimonials here.

Are They Legally Capable?

Elder abuse laws are complicated matters. Some people don’t learn about the abuse of an elderly loved one until after they pass away, meaning it becomes a probate matter. Most elder financial abuse occurs during the elderly adult or dependent adult’s lifetime, making the violation a civil and criminal case. Your attorney needs the qualifications, certifications, and licensing necessary to pursue legal action. Yonano Law Offices, P.C. has the following qualifications:

Admitted to California State Bar in 1991,
Member of U.S. District Court, Easter District of California, 1992 and 2002,
Member of the United States Supreme Court Bar, 2006,
And many more accreditations, licensure, and achievements.

How Do They Approach Client Advocacy?

The good people who are impacted by financial elder abuse are in a terrible situation. They are stressed about their financial losses and future well-being. Heirs of adults subjected to elder abuse may learn of the financial elder abuse after their parent or grandparent has died. This is an emotional, difficult situation, and you need an attorney who understands that, yes, this is a client, but this client has a family and is going through one of the most difficult things they have ever gone through. Yonano Law Offices, P.C. will guide you through this situation and seek appropriate legal action.

When Should You Call Us?

Like most crimes, time is of the essence in elder financial abuse claims. Do you suspect elder financial abuse? Are you worried about the financial exploitation of a loved one? Do you notice the illegal or improper use of an elderly parent or grandparent’s property? Then, you need to call 916-864-8790 to find out what your legal options are and how to make things right.

Yonano Law Offices, P.C. is here to help you pursue legal action. You can count on us to find and stop the abuse. Our financial elder abuse attorney is here to help you recover what you have lost and hold the person who abused your loved one accountable for their terrible actions.