California Financial Elder Abuse Attorneys

What Is Financial Elder Abuse?

Financial elder abuse is a form of exploitation that occurs when someone takes advantage of an elderly person's vulnerability to gain access to their finances or assets. Under California Welfare & Institutions Code § 15610.30, financial abuse can occur when a person or entity takes, obtains, appropriates, retains, or assists in taking an elder's or dependent adult's property for a wrongful use, with intent to defraud, or by undue influence. As California's elders continue to get older, sadly, so do the opportunities for those who would abuse them. Our attorneys have experience protecting elders from bad actors who engage in financial elder abuse. We also protect heirs who have seen their elders suffer at the hands of abusers. We litigate financial elder abuse cases, including through trial when a case needs to be tried. Every case turns on its own facts and past results do not predict future outcomes. What we can do is tell you honestly, in a free consultation, how we assess yours.

How California Defines Undue Influence

California law does not leave "undue influence" to guesswork. It is a specific legal standard, defined at Welfare and Institutions Code section 15610.70, that courts apply when evaluating suspected financial elder abuse. Undue influence means excessive persuasion that causes someone to act, or to refrain from acting, by overcoming their free will, with a result that is inequitable.

Courts weigh four things. First, the vulnerability of the person involved, which can include incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. Second, the influencer's apparent authority, such as standing as a fiduciary, family member, care provider, health care professional, legal professional, or spiritual adviser. Third, the actions or tactics used, which the statute describes as controlling necessaries of life, medication, the person's interactions with others, their access to information, or their sleep; the use of affection, intimidation, or coercion; and initiating changes in personal or property rights, using haste or secrecy to make those changes, or making them at inappropriate times and places. Fourth, the equity of the result, measured by the economic consequences to the person, any divergence from their prior intentions, and whether what they gave up bears any relationship to what they received.

One point the statute makes explicitly: evidence of an inequitable result, on its own, is not enough to prove undue influence. Something more is required, which is why these cases turn on documenting the relationship and the circumstances rather than only the outcome.

What Financial Elder Abuse Can Look Like

Financial elder abuse can take many forms, including unauthorized transfers or withdrawals, misuse of a power of attorney, taking title to an elder's home through deception or undue influence, pressuring an elder into gifts or loans, improper beneficiary or trust amendments, and misappropriation by a caregiver, relative, fiduciary, or financial professional, or by someone who assists another person in wrongfully obtaining the elder's assets.

Serving Santa Clara County Families

We handle financial elder abuse matters throughout Saratoga, San Jose, Los Gatos, and the surrounding Santa Clara County region, where the concentration of high-net-worth families creates particular vulnerability to exploitation.

Compassionate and Relentless Advocacy

Financial abuse can be hidden and complex. Proving financial elder abuse usually turns on documents rather than testimony, because the victim may not remember the transactions and the person responsible will not explain them. That work is what we do, and it is why these cases are often winnable even when they feel unprovable at the start. Our team carefully investigates the details, works with financial experts, and uses California's robust elder abuse laws to seek justice. Whether the abuser is a caregiver, family member, financial advisor, or someone else in a position of trust, we act swiftly to protect your loved one's rights and pursue recovery of misappropriated assets. Our goal is to restore their dignity and financial security. We understand how emotional and overwhelming these cases can be, our team combines legal skill with compassion, providing clear guidance and unwavering advocacy. You don't have to fight this battle alone.

What the Law Lets You Recover

California treats financial elder abuse more seriously than an ordinary claim for money, and the remedies reflect that. In addition to compensatory damages, a plaintiff who proves financial abuse is generally entitled to an award of reasonable attorney fees and costs, which means the cost of bringing the case is not necessarily borne by the family. And where property was taken in bad faith, California law provides for liability of twice the value of the property recovered. Double damages plus fees changes the arithmetic on cases that would otherwise be too small to pursue, and it is the reason a claim worth eighty thousand dollars is often worth bringing when a general commercial claim of the same size would not be.

You Don't Have to Be the Victim to Call Us

Most of the people who contact us about financial elder abuse are not the person whose money is gone. They are a son, a daughter, or a sibling who saw a bank statement that did not make sense. Two questions usually come first. Can you do anything if the accounts are not yours, and what happens to the family if you raise it. Both are worth a conversation before you do anything, including before you confront the person you suspect. Confrontation early often causes records to disappear, and there are better sequences. Tell us what you saw and we will tell you what your options are.