San Diego Elder Abuse Lawyers
The elderly are often vulnerable or dependant on others for their care. Unfortunately, this vulnerability and dependence leaves them susceptible to financial elder abuse. Typically, such abuse occurs when the elderly are taken advantage of by the people they trust, including family members, outside caregivers, trustees, financial advisors, other fiduciaries, and employers.
The San Diego trial attorneys at Chapin Fitzgerald Sullivan & Bottini LLP zealously stand up for the legal rights of those who fall victim to financial elder abuse. We are a boutique litigation firm, focused exclusively on trying cases and handling controversies for our clients, and we are highly experienced in championing the causes of vulnerable individuals who have been wronged. Our overriding commitment is to represent all of our clients vigorously and thoughtfully, with civility, integrity, and professionalism. If you or someone you love has been the victim of financial elder abuse, please contact us.
What Is Financial Elder Abuse
"Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:
- Takes, conceals, 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.
- Assists in taking, concealing, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intend to defraud, or both.
- Takes, conceals, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence.
Financial elder abuse can afflict the elderly in a variety of ways. Some common injuries and forms of financial elder abuse include:
- Loss of real estate
- Loss of stocks and/or investments
- Bad investment advice by financial professionals
- Mortgage loan fraud
- Medicare or Medi-Cal fraud
- Identity theft
- Stealing
- Manipulation of wills
- Refusal to honor a promise or contractual obligation to an elder by an insurance company, employer, or other entity or individual
- Use of fraud or misrepresentation to trick an elder into entering into an unfavorable contract
If you suspect that you or a loved one has been a victim of abuse, your attention to warning signs is critical. Some common warning signs of financial elder abuse include:
- Unauthorized use of finances
- Misuse of personal checks, credit cards, and accounts
- Stolen cash, income checks, or household goods
- Suspicious signatures
- Identity theft
- "Misplaced" wallets or money
- Family members coming into unexplained wealth
Protection for Victims of Financial Elder Abuse
The law protects the victims of financial elder abuse through traditional common law remedies and specialized statutes. With the Elder and Dependent Adult Civil Protection Act, the California legislature recognized that elders, defined as persons over the age of 65, are often subjected to abuse, neglect, or abandonment and that the state has a responsibility to protect them. Those at the greatest risk are elders that suffer "physical impairments and other poor health that places them in a dependent and vulnerable position." Enhanced civil remedies are written into the Act in order to address the elderly individuals as a disadvantaged class.
Legal Help with Financial Elder Abuse Claims
If you feel that you or a loved one has been the victim of financial elder abuse, contact the experienced trial lawyers at Chapin Fitzgerald Sullivan & Bottini LLP today. Statutes of limitations could apply to any financial elder abuse claims, so act now to ensure that your legal rights are not lost. We offer a free, no obligation consultation to assess your case. Contact us today by telephone or using the form on this website.
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