Financial Abuse Attorney is one of the most sensitive probates and trust cases. For victims and families, adding money, inheritance, and other possessions to an abusive environment can be daunting. Every day, we safeguard clients who are victims of financial elder abuse. Here’s some advice

Financial Abuse Attorney

Senior abuse is increasing at an alarming rate, according to law enforcement and elder advocacy groups.

People look around and notice that the elderly are wealthy and helpless, so they attack them.

California law reflects the intent to penalize individuals who conduct elder abuse, and it should not go unnoticed.

Learn more about Financial Abuse Attorney by reading this topic.

What Is Financial Abuse of the Elderly?

Each jurisdiction has its own definition of financial abuse.

Although it typically involves someone in a position of trust or confidence exploiting, dominating, stealing, or fraudulently gaining the assets of a vulnerable adult for personal gain.

Elders, often known as senior citizens in California, are those aged 65 and up.

Individuals between the ages of 18 and 64 who have physical or mental disabilities that prohibit them from completing typical measures to protect themselves from financial harm are considered dependent adults.

Any kind of physical abuse, financial abuse, neglect, abandonment, isolation, abduction, or purposeful infliction of injury, pain, or mental anguish on someone recognized as an elder is considered elder abuse in California.

Our elder abuse lawyers assist clients in filing or defending financial exploitation lawsuits against dependent or elderly people.

Who is responsible for financial elder abuse?

Caregivers, insurance companies, nursing homes, assisted living facilities, professionals or business people, strangers, and family members can all be perpetrators of financial elder abuse including sons, daughters, grandchildren, and spouses.

There is no necessity to demonstrate age discrimination or a real intent to exploit.

There is likewise no necessity in an employment context to demonstrate that the senior employee is incapable of making independent judgments.

Elder financial abuse occurs when someone searches out an elderly person with the goal of exploiting them.

Even if there is no intent to defraud, an individual is guilty of elder abuse if it is evident to a reasonable person that he or she is not entitled to the senior’s assets.

Financial Abuse Attorney: What Kinds of Financial Elder Abuse Exist?

This type of abuse encompasses a wide range of behaviors.  

It can be as easy as stealing money from an elder’s wallet, duping an older into making a fake payment, forging a signature, or as complex as illegally gaining control of an elder’s inheritance.

Financial abuse rules would extend widely in a working relationship, covering every payment of compensation, employment decisions that impact payments, and termination.

The following are some examples of typical financial abuse like fraudulent investment and others:

Scams involving medical professionals

Examples include:

• Charging for healthcare but failing to provide it.
• Medical care or service overcharging or duplicate billings.
• Illegal referral relationships with other physicians or prescriptions for certain medications.
• Medicating excessively or insufficiently. Recommending fake cures for sickness or other medical problems.
• Fraudulent Medicaid payments.

Elder abuse due to predatory loans in real estate

Offering a senior citizen a loan when he or she is unable to return it, or locking an older into debt with an unpayable balloon payment are examples of this.

Even if the culprit is unsuccessful in obtaining the property, they can still be charged with attempted elderly fraud.

Elder credit card/insolvency fraud

Financial Abuse Attorney says that can include:

• Making false promises to repair his or her credit.
• Offering false insurance to protect his or her credit cards from unauthorized charges.
• Draining an elder’s bank account with counterfeit checks or debit cards.
• Or filing for bankruptcy in the victim’s name to avoid paying debts incurred in that name or to avoid eviction.

Failure to fund the upkeep of an elder from a trust

For example, a daughter trustee of her mother’s life estate fails to give sufficient funds for her mother’s monthly maintenance, or misuses of Power of Attorney authority.

Financial Abuse Attorney: Senior home repair fraud

When a perpetrator offers to conduct house upgrades, tree trimming services, roof repair, or paint touch-ups.

For example, then either takes the money without executing the work or does not complete the promised work, this is considered a scam or does a substandard job.

Senior cemetery and funeral fraud

This occurs when a criminal dupes or defrauds a senior into paying high fees for these arrangements or any expenditures for services that are not supplied.

Senior telemarketing/mail/internet fraud

This can involve asking a senior to:

• Donate to a fictitious organization.
• Pay money to claim an illicit sweepstakes award.
• Or provide personal information to be used for illegal reasons.

How does it feel to deal with Financial Abuse Attorney?

First and foremost, we recognize that these instances frequently entail strong emotions.

This is why we make a great effort to ensure that we fully comprehend your unique circumstances so that we can assist you in distinguishing between legal and emotional concerns.

Simply taking this step, finding someone to take you along this road, has shown to relieve stress and provide peace of mind in our experience.

Second, it is our responsibility to find and communicate the legal methods that will safeguard you and your loved one.

This can take numerous forms in situations of elder financial abuse.

Showing a counterfeit check is very simple, however proving undue influence is more difficult.

We will use our Financial Abuse Attorney expertise to assist you in obtaining the best favorable outcome for your case.

Preventing Further Elder Financial Abuse

If an elder is a victim of financial abuse, a petition can be filed by the victim or another concerned party for a restraining order to prevent the abuser from committing more acts of financial misconduct.

Petitions for restraining orders can be filed by:

• A county adult protective services agency.
• The victim of financial elder abuse.
• The victim’s conservator.
• The trustee of the victim’s trust.
• The victim’s power of attorney.
• The victim’s guardian ad litem.

Read More: The Penalty for Stealing from an Estate (Judicial ruling)