What Is Elder Financial Abuse Under California Law?
Elder financial abuse occurs when a person or entity takes, secretes, appropriates, or retains real or personal property of an elder (age 65 or older) or dependent adult for a wrongful use or with intent to defraud, or through undue influence. It can involve a caregiver, family member, fiduciary, or a stranger, and often includes improper changes to estate planning documents, unauthorized withdrawals, or coerced transfers of property.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Welfare & Institutions Code 15610.30 — Financial Abuse Defined
"'Financial abuse' of an elder or dependent adult occurs when a person or entity... 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..." — California Welfare & Institutions Code Section 15610.30(a)(1)
This statute also expressly covers taking property through undue influence, as defined under Welfare & Institutions Code 15610.70 — a legal standard that examines the vulnerability of the elder, the influencer's authority, tactics used, and the equity of the resulting outcome, even without traditional fraud.
Enhanced Remedies
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Unlike most civil claims, a successful elder financial abuse claim under Welfare & Institutions Code 15657.5 can result in an award of attorney fees and costs to the prevailing plaintiff, and — where the defendant's conduct is shown to be reckless, oppressive, fraudulent, or malicious — an award of punitive damages, even after the elder's death.
Real-World Examples
A hired in-home caregiver gradually gains access to an elderly client's finances and makes a series of unauthorized transfers to her own accounts over several months. The family retains counsel to pursue a financial abuse claim and recover the misappropriated funds, plus attorney fees.
A family member isolates an elderly parent from other relatives and arranges for a new will and power of attorney that dramatically favors the isolating family member shortly before the parent's decline. Counsel evaluates the undue influence factors — including the parent's vulnerability and the suddenness of the change — to challenge the transactions.
A contractor convinces an elderly homeowner to pay for home repairs that are never performed, or performed at a fraction of the agreed cost. Counsel pursues a financial abuse claim seeking full restitution plus the enhanced remedies available under the statute.
What's at Stake
| Element | Standard | Available Remedy |
|---|---|---|
| Wrongful Taking | Intent to defraud or wrongful use | Actual damages, restitution |
| Undue Influence | Vulnerability, authority, tactics, outcome equity | Actual damages, voided transactions |
| Reckless/Malicious Conduct | Clear and convincing evidence | Attorney fees + punitive damages |
How We Help
1. Financial Investigation
We work to trace misappropriated funds and assets and document the pattern of financial exploitation.
2. Undue Influence Analysis
We evaluate estate planning changes and major transactions against California's undue influence factors to identify improperly obtained transfers.
3. Civil Recovery
We pursue claims for restitution, damages, attorney fees, and — where warranted — punitive damages under the Elder Abuse Act's enhanced remedies.
4. Coordination With Related Proceedings
We coordinate elder financial abuse claims with related probate, conservatorship, or trust litigation proceedings when they overlap.
Frequently Asked Questions
The elder or dependent adult themselves can bring a claim, and in many circumstances a family member, conservator, or the elder's estate can pursue or continue the claim, including after the elder's death, given the statute's specific provisions for survival of these claims.
California's Elder Abuse and Dependent Adult Civil Protection Act provides enhanced remedies not available in ordinary civil fraud cases — specifically, the ability to recover attorney fees and costs, and in cases involving reckless, oppressive, fraudulent, or malicious conduct, punitive damages.
Undue influence is excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will. California law considers factors including the elder's vulnerability, the influencer's apparent authority, the tactics used, and whether the outcome was equitable, to determine whether undue influence occurred.
Yes. Transfers or estate planning documents procured through financial abuse or undue influence can be challenged and potentially voided, often through a combination of elder abuse civil claims and probate or trust litigation.
