Signs of Financial Elder Abuse in California

If you’ve begun to notice strange things happening with your finances or the finances of an elderly loved one, then financial elder abuse might be the cause. Victims of financial elder fraud can lose valuable property, significant savings, and even their independence and quality of life. Being aware of the signs of financial elder abuse in California can help.

California’s Definition of Elder Abuse

In the United States, at least one in six people aged 60 years or over will experience some type of abuse. While scams are generally on the rise, financial abuse is at the top of that list. The state of California recognizes that seniors, especially those who’ve cognitively declined, have a higher chance of being abused than others. Seniors in Los Angeles make up 11.2% of the population, and protecting those members of society is a high priority.

Elder abuse in this state can take many forms. including physical or emotional harm, neglect, or financial exploitation. Because California is dedicated to protecting the at-risk population, they have laws in place to prosecute those who take advantage of seniors in any way.

Laws About Elder Abuse

The laws about elder abuse cover a wide variety and carry specific penalties. Financial elder abuse is no different. If anyone embezzles, steals, forges, or in any other way scams an elder out of their money or property, they could face fines, imprisonment, or both. The law does not distinguish between a relative and a stranger. Both face the same punishment if convicted.

Types of Elder Abuse

Unfortunately, elder abuse can take place in a variety of ways, including:

• Physical. Depriving the elder of food or water, physically or sexual assault, unnecessary physical or chemical restraint, and more fall under this category.
• Psychological. Psychological abuse can be threats, insults, intimidation, isolation, creating fear, and confinement, to name a few.
• Neglect. An elder might be neglected if their needs aren’t being met either medically, in their personal hygiene, in clothing and shelter, food and water, and more.
• Financial. Any theft of money, either by embezzlement or simply taking money from their wallet without permission, is financial abuse. Identity theft, fraud, and telemarketing scams also fall under this category. The FBI estimates that $3.5 billion was lost in 2022 due to financial elder abuse.

Signs of Elder Abuse

While elder abuse can take many forms, here are some signs of financial abuse:

• Strange bank account activity
• Signatures on checks and other documents that don’t match the person’s original handwriting
• A new name has been added to their bank account
• Not having items necessary for personal care, like toiletries or appropriate attire
• Unpaid bills even though the senior has enough funds and the caretaker is responsible for making sure those bills are paid
• Spending habits that don’t correspond with what the elder would use or want
• Someone they don’t know suddenly takes care of their spending
• Estranged relatives coming into the picture to claim property or funds
• Complaints from the elder about financial abuse

If you don’t have access to their spending habits, you can pay attention to physical or emotional signs of abuse as well, such as:

• A disheveled appearance
• Strange behavior like rocking or biting
• Poor hygiene
• Torn clothes
• Unexplained bruises or cuts
• Hair that is either matted or uncombed
• Unsafe living conditions
• Little to no food in their cupboards or fridge
• Dehydration or malnutrition
• Isolation from family and friends

FAQs

Q: What Are Five Signs of Financial Abuse of the Elderly?

A: Five major signs of financial abuse are:

1. Strange activity either in their bank account or on their credit card statements
2. Unfamiliar signatures on checks or other documents
3. Bills left unpaid, even though they have the funds to pay them
4. Strangers or previously estranged relatives suddenly taking an interest in their money
5. Shifts in personal appearance because they don’t have the funds for clothing or personal care items

Q: How Do You Prove Financial Elder Abuse in California?

A: First, you must file a report with Adult Protective Services (APS). Their headquarters are on Vermont Avenue in Los Angeles. You will need evidence, such as bank statements and copies of checks or legal documents. If you hire a financial elder abuse attorney, then they’ll be able to help you track down the evidence you need and guide you through the next steps.

Q: What Can I Do to Prevent Financial Elder Abuse?

A: If your loved one falls into this age group, keep in contact with them. You can sign up for alerts from their financial institutions or credit card companies to be aware of strange activity. It’s also important to check privacy settings on social media apps to protect them from being targeted. Work with assisted living or nursing homes to find out their policies for protecting you or your loved one from abuse. Overall, educate yourself to be better prepared.

Q: What Is the Penalty for Financial Elder Abuse in California?

A: In California, any type of elder abuse is taken seriously, and financial elder abuse is no different. A misdemeanor will result in informal probation, up to one year in jail and/or a fine of up to $1,000. A felony, however, will be penalized with formal probation, up to four years in prison, a fine of $10,000 maximum, and/or a strike on your record.

Contact Hinojosa & Forer LLP Today

If you suspect you or a loved one has been a victim of financial elder abuse in Los Angeles, California, don’t wait to get help. The legal process for reporting this type of abuse can be complex, but hiring a financial elder abuse lawyer will help make it easier for you.

Hinojosa & Forer LLP has been handling financial elder abuse cases since 1991, when it was first signed into law. We will work hard to protect and represent you with knowledge and skill. Contact us today to schedule a consultation.