ELDER ABUSE & FRAUD

California Welfare and Institutions Code Section 15600, et seq. protects individuals 65+ years old from financial abuse, physical abuse, abduction, and neglect.  The Law Offices of Christine Miller is experienced in representing elders against financial abuse and fraud and is able to assist in physical abuse and neglect issues as well. 

Definition of Elder Financial Abuse Under California Law

California Welfare and Institutions Code section 15600 protects elders (anyone 65 year of age or older) and dependent adults from many types of physical abuse and neglect.  “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:

(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. 

(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.

It must be shown that the person or entity alleged to have committed financial elder abuse knew or should have known that the conduct at issue was likely to have been harmful to the elder or dependent adult.

The taking of the property of an elder is not restricted to physically removing property from the elder’s possession, but includes depriving an elder or dependent adult “of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.”

Elder abuse is far too common and can be committed by strangers, family, friends, neighbors, or even financial professionals hired by the elder. 

If you believe you or someone close to you is suffering from any type of elder abuse, call us today for a free consultation.

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Get the legal help you need. Call (714) 372-2243 for a free 30 minute consultation.

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