Elder financial abuse is more common than most families expect and far more damaging than many realize. Older adults in California lose billions of dollars each year to theft, fraud, and exploitation by people they trust. When that happens, the harm isn’t just financial. It can strip away an elder’s independence, dignity, and sense of safety in ways that are difficult to undo.
If you believe a family member has been financially exploited, you have legal options. The law gives victims of elder abuse the right to pursue civil claims and, in many cases, to recover attorney’s fees and enhanced remedies on top of their actual losses. At Arias Sanguinetti, our attorneys represent elders and their families throughout Los Angeles in civil cases involving financial exploitation, fraud, and abuse of trust.
Common Examples of Elder Abuse Cases Under the Law
California defines elder abuse in Welfare and Institutions Code §15610.30 as taking, secreting, appropriating, obtaining, or retaining the real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud. The definition also covers situations where someone assists in doing any of these things.
Critically, the law covers a wide range of conduct, not just outright theft. If someone pressures an elderly person into signing over property, manipulates them into changing a will or trust, drains their bank accounts, or uses their credit cards without consent, that can all constitute abuse under the law.
The law also addresses undue influence, defined in Welfare and Institutions Code §15610.70 as excessive persuasion that overcomes a person’s free will and results in unfair outcomes. This is especially relevant in cases involving people in positions of trust—caregivers, family members, financial advisors, or anyone else who has regular access to an elderly person and their finances. An elder doesn’t have to be completely incapacitated for undue influence to apply. Even someone with mild cognitive decline or serious health issues can be vulnerable to manipulation that the law recognizes as abuse.
The law defines “elder” as anyone 65 years of age or older. “Dependent adults” are those between 18 and 64 who have certain physical or mental limitations. Both groups are protected under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
Who Commits Elder Abuse?
One of the most difficult truths about elder abuse is that perpetrators are almost always people the victim knows and trusts. According to the FBI’s 2023 Elder Fraud Report, there were more than 101,000 complaints from Americans over 60 in 2023, with losses exceeding $3.4 billion. A significant portion of those losses involved people within the victim’s own circle.
In California civil cases, the most common perpetrators include:
- Adult children, siblings, grandchildren, or other relatives who take money directly, pressure the elder into financial decisions, or manipulate estate planning documents like wills, trusts, and powers of attorney.
- Caregivers and in-home workers. People hired to provide daily assistance who use their access to steal cash, valuables, or financial information.
- Financial advisors and fiduciaries. Professionals who mismanage assets, make unauthorized transactions, or place their own interests above those of their elderly clients.
- Attorneys and trustees. People entrusted with legal or financial authority who abuse their position by diverting assets, overcharging fees, or engaging in self-dealing.
- Scammers and fraudsters. Third parties who use phone calls, emails, or in-person contact to deceive elders into sending money, revealing account numbers, or handing over property.
- Romantic partners or new acquaintances. People who enter an elder’s life and cultivate a relationship specifically to gain access to their finances.
Understanding who committed the abuse matters in a civil case because it shapes the legal theory, the evidence needed, and the damages available. Cases involving professional fiduciaries often implicate additional legal duties. Cases involving family may involve challenges around influence, capacity, and estate planning documents, and defendants in cases like these, more often than not, are the banks that didn’t properly prevent the fraud in the first place.
Los Angeles Financial Elder Abuse Lawyer Near Me 310-844-9696
Common Forms of Elder Financial Exploitation in Los Angeles
Elder financial exploitation takes many forms, and the most damaging cases often involve institutions and professionals that had both the ability and the obligation to prevent harm but failed to act. At Arias Sanguinetti, we focus on two primary categories of elder financial abuse: predatory and abusive lending practices targeting elderly borrowers, and institutional failures by banks and financial institutions that allowed obvious exploitation to proceed unchecked.
Abusive and predatory loan agreements are among the most financially devastating forms of elder exploitation. These cases involve lenders, whether traditional financial institutions, private lenders, or mortgage companies, that target elderly borrowers with loan products structured to strip equity, impose unconscionable terms, or exploit cognitive decline or diminished capacity to obtain signatures on agreements the borrower does not fully understand. Common examples include high-pressure reverse mortgage schemes with hidden fees and conditions, refinancing arrangements that eliminate equity built over decades, short-term loans with predatory interest rates designed to trap borrowers in cycles of debt, and transactions executed when a lender knew or should have known the borrower lacked the capacity to understand what they were signing.
Bank and financial institution failures to prevent obvious fraud represent a distinct and serious category of institutional liability. Banks have legal and regulatory obligations to monitor customer accounts for activity that signals exploitation, and when they ignore clear warning signs, they can be held accountable for the losses that result. Patterns that should trigger scrutiny include:
- An elderly customer suddenly withdrawing thousands of dollars per day after a lifetime of routine, modest transactions
- Large wire transfers to unfamiliar accounts
- Repeated cash withdrawals inconsistent with a customer’s known financial behavior
- Account activity that strongly suggests a third party is directing or coercing the transactions
When a bank observes these patterns and does nothing, that inaction is not a neutral failure; it is a breach of the duty of care owed to a vulnerable customer. If you believe an elderly family member has been harmed by a predatory lending arrangement or that a financial institution failed to intervene when exploitation was apparent, contact Arias Sanguinetti to discuss your legal options.
Click to contact our financial elder abuse lawyers today
Warning Signs of Elder Abuse
Many families don’t discover abuse until significant harm has already been done. Knowing what to look for can make a real difference. Common warning signs include:
- Unexplained withdrawals or transfers from bank accounts
- Unpaid bills or utilities being shut off despite adequate income or savings
- Sudden changes to a will, trust, or power of attorney, especially naming a new beneficiary or transferring control to a caregiver or recent acquaintance
- Missing cash, jewelry, or other valuables from the home
- A caregiver, family member, or new friend becoming unusually controlling over finances or isolating the elder from other members of the family
- The elder appearing anxious, confused, or reluctant to discuss money or financial matters
- Credit card charges or new accounts the elder doesn’t recognize or didn’t authorize
- Signatures on financial documents that appear inconsistent with the elder’s handwriting or current capacity
If you’ve noticed any of these signs, take them seriously. Abuse tends to escalate over time, and earlier action generally means more options for recovery.
Complete a Free Case Evaluation form now
What the Law Allows You to Recover in California
California’s Elder Abuse and Dependent Adult Civil Protection Act provides stronger remedies than a standard fraud or theft claim. The legislature designed the law this way intentionally to deter exploitation by making it more financially costly for perpetrators.
Under Welfare and Institutions Code §15657.5, when abuse is proven by a preponderance of the evidence, the court must award the plaintiff reasonable attorney’s fees and costs in addition to compensatory damages. This is a significant benefit for victims and their families; it means you don’t have to absorb legal costs on top of the losses you’ve already suffered.
In cases involving recklessness, oppression, fraud, or malice, the law also allows for enhanced remedies that go beyond what a typical civil case would produce. These reflect the seriousness with which California treats the exploitation of vulnerable adults. Recoverable damages in such a case may include:
- The value of stolen or misappropriated money, property, or assets — The direct financial losses caused by the abuse
- Disgorgement — Requiring the defendant to give up any profits or benefits gained through the exploitation
- Consequential damages — Financial harm that flowed from the abuse, such as unpaid bills, damaged credit, or loss of housing
- Attorney’s fees and litigation costs — Covered by the defendant when abuse is proven
- Enhanced remedies — Available in cases involving intentional, oppressive, or reckless conduct
The damages available depend on the specific facts of the case, the nature of the abuse, the evidence gathered, and the total financial harm caused. Our elder abuse attorneys work to identify every avenue of recovery available under the law.
How a Los Angeles Elder Abuse Lawyer Can Help You
Civil elder abuse cases in California move through several stages, and understanding the general process helps families make informed decisions.
Investigation and evidence gathering are often the first and most critical steps. This means reviewing financial records, bank statements, account histories, and legal documents. It may also involve forensic accounting, witness interviews, and analysis of communications like emails and text messages. The goal is to identify exactly what happened, who was responsible, and how much was taken.
Filing a civil claim initiates the legal process. Elder abuse claims are typically filed in the California Superior Court. The complaint sets out the factual allegations and legal theories, which may include elder financial abuse under the EADACPA, fraud, breach of fiduciary duty, conversion, or other applicable claims, depending on the facts.
Discovery is the phase where both sides exchange evidence. This includes depositions, document production, and written questions. In complex financial cases, discovery can take time, but it’s also where critical evidence often comes to light.
Resolution can happen through negotiation, mediation, or trial. Many civil cases resolve before reaching a courtroom. When they don’t, our elder abuse lawyers are prepared to take the case to trial and present evidence before a judge or jury.
The timeline for elder abuse cases in Los Angeles varies depending on the complexity of the facts, the amount in dispute, and how aggressively the other side contests the claims. Our team keeps clients and families informed throughout every stage of the process.
The Connection Between Financial Elder Abuse and Other Forms of Abuse
Financial elder abuse rarely exists on its own. It’s common for financial exploitation to accompany or follow other forms of mistreatment, like physical abuse, emotional abuse, or neglect. When an elder is being financially exploited, they may also be isolated from family, subjected to psychological pressure, or physically harmed to maintain control.
Our elder abuse lawyers in Los Angeles handle cases that involve multiple forms of abuse, and we understand how to build claims that reflect the full scope of harm a victim has suffered. If your loved one has been financially exploited and also subjected to other mistreatment, including within a care facility, it’s important to get a complete picture of what happened and who bears legal responsibility.
Cases involving nursing home or care facility abuse can present additional layers of liability, particularly when staff members or administrators are involved in financial exploitation. Facilities can be held accountable for the conduct of their employees in certain circumstances, and both the individual perpetrator and the institution may face liability.
Steps to Take if You Suspect Financial Elder Abuse
If you believe your family is being financially exploited, acting quickly can help protect them from further harm and preserve evidence for a civil claim.
- Report to Adult Protective Services. California’s APS program investigates reports of elder abuse and exploitation. A report can trigger a protective investigation that operates independently of any civil case you pursue.
- Contact local law enforcement. If theft, fraud, or forgery is involved, a police report creates an official record and may prompt a criminal investigation alongside a civil one.
- Secure financial accounts and legal documents. If you have the authority to do so, take steps to protect accounts, change credentials, and notify financial institutions of potential unauthorized activity.
- Preserve all evidence. Collect bank statements, account records, legal documents, correspondence, and anything else that documents the exploitation. Don’t discard anything, even materials that seem unimportant at first.
- Speak with an elder abuse lawyer in Los Angeles. A civil attorney can help you understand your options, assess the strength of a potential claim, and take steps to freeze assets or pursue emergency relief when necessary.
Los Angeles Financial Elder Abuse FAQ
What follows are answers to some of the questions we receive most often from those who may have an elder abuse case.
How Long Do I Have to File an Elder Abuse Claim in California?
California law generally allows four years from the date of the abuse or the date it was discovered to file a civil claim under the EADACPA. In some situations, shorter deadlines may apply depending on the specific legal theories involved. Getting legal advice early is the best way to make sure a claim is filed within the applicable time limit.
Can I File a Civil Case Even if the Perpetrator Isn’t Criminally Charged?
Yes. Civil and criminal proceedings are separate legal processes with different standards of proof. Even if a district attorney declines to prosecute or law enforcement doesn’t pursue charges, you can still file a civil lawsuit and seek compensation through the courts.
What if the Elder Passed Away Before a Claim Was Filed?
In California, elder abuse claims can survive the victim’s death. The estate or certain family members may have standing to pursue the claim on their behalf. The specific circumstances determine who can bring the case and what remedies remain available.
Does the Elder Have to Testify in Court?
Not necessarily. Many cases resolve through settlement before trial. When a case does go to trial, and the elder is unable to testify due to health or cognitive limitations, lawyers can present evidence through other means—financial records, witness testimony, forensic accounting, and expert opinions.
What if the Abuse Was Committed by a Family Member?
Family cases are among the most common and also the most sensitive. California law makes no exceptions for family relationships; abuse by a son, daughter, sibling, or grandchild is treated the same as abuse by any other person. These cases can be emotionally difficult to pursue, but they are legally viable regardless of the family dynamic.
Can a Bank or Financial Institution Be Held Responsible?
In some situations, yes. California law recognizes that financial institutions may have obligations to identify and report suspected abuse. If a bank ignored clear warning signs and allowed fraudulent transactions to proceed, it may bear liability depending on the specific facts. Our lawyers can evaluate whether a financial institution played a role in allowing the exploitation to occur.
What if an Elderly Person Was Pressured into Signing Documents They Didn’t Understand?
California law specifically addresses situations where an elder’s free will was overcome through manipulation, pressure, or exploitation of a position of trust. Documents signed under those circumstances may be challenged and potentially voided as part of a civil claim.
Contact a Financial Elder Abuse Attorney for Help Today
Time matters in these cases. Evidence can disappear, assets can be transferred, and California’s statutes of limitations apply to civil claims. The sooner you get legal advice, the more options you’re likely to have. Contact our office to discuss what happened and understand what steps make sense for your situation.
Call or text 310-844-9696 or complete a Free Case Evaluation form
