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If you suspect that a parent, grandparent, or another older loved one has been financially exploited, you're not alone, and you don't have to figure out what to do next by yourself. At Berman & Riedel, our California elder financial abuse attorney team works with families throughout the state to identify, stop, and pursue justice for elder financial abuse.
According to ICI, one in five Americans over the age of 65 has been a victim of financial exploitation, with losses estimated at $2.9 billion annually. Elder financial exploitation can look different in every case, from a caregiver quietly draining a bank account to a scammer pressuring an aging parent into signing over property. Reviewing elder abuse statistics shows just how widespread this problem has become, which is exactly why having the right legal assistance matters.
What Is Financial Elder Abuse Under California Law?
Financial elder abuse happens when someone takes, hides, or misuses money or property belonging to an older adult in a way that's wrongful or meant to defraud them. This is defined under California Welfare & Institutions Code §15610.30, and it covers a few different situations:
Taking property directly: Someone takes an elder's money or belongings without permission.
Helping someone else take it: A person assists another individual in taking or misusing an elder's property.
Using pressure or manipulation: Someone convinces an elder to hand over property or change how it's controlled through undue influence.
Refusing to give it back: A person keeps an elder's money or belongings after being asked to return them.
California used to require proof that someone acted in bad faith, meaning they knew what they were doing was wrong. That changed in 2008. Now, someone can be held responsible if they knew or should have known their actions would likely harm an elder, even if they didn't mean to cause harm. This is a lower bar than regular fraud claims, which require proof that someone intended to deceive. In practice, it means a caregiver, financial advisor, or family member who handles an elder's money carelessly can still be held accountable, whether or not they meant any harm.
These protections apply to anyone 65 or older. They also extend to dependent adults, meaning adults between 18 and 64 who have physical or mental limitations that make it hard for them to protect themselves or carry out everyday tasks.
Financial abuse often overlaps with undue influence, which is when someone uses excessive pressure to get an elder to change legal documents like a will, trust, or power of attorney. It can also show up alongside other warning signs, like emotional abuse, declining mental health, or even sexual conduct. When one form of abuse is present, it's common for further abuse to follow, which is why catching the signs early matters so much.
If any of this sounds familiar, talking to someone who focuses on elder law can help you understand your options. You can learn more in our full guide to the California Elder Abuse Act, or reach out to a California elder financial abuse attorney on our team. Our financial elder abuse attorney group is here to answer your questions and help you figure out the right next step for your family, and a California elder financial abuse attorney can walk you through what to expect from here.
Examples and Types of Financial Elder Abuse We Handle
Financial elder abuse in California can show up in many different ways, and the person responsible isn't always a stranger. At Berman & Riedel, we've seen cases involving family members, caregivers, professionals, and scammers targeting an elderly person or dependent adult abuse situations. Here are some of the most common patterns we handle.
Financial Abuse by Family Members
Sibling theft from elderly parents
Power of attorney abuse, where an adult child drains accounts using legitimate or fabricated documents
Trustee fraud, where a trusted person steals from a trust set up for the elder's benefit
Conservator fraud, where a court-appointed conservator misuses funds
Inheritance theft, such as dividing an elder's assets before death without authorization
Undue influence on will or trust changes
Deed transfer fraud, where property is quietly put in a family member's name
Financial Abuse by Caregivers and Trusted Professionals
Cash theft from the elder's home
Forged checks, credit cards, or ATM withdrawals
Pressuring an elder to sign a new will or power of attorney
Adding themselves to bank accounts as a joint owner
Isolating the elder from family to maintain financial control
Investment fraud, including unsuitable annuities pushed by a financial advisor
Financial Abuse by Strangers: Modern Scam Patterns
Cryptocurrency investment scams, including fake brokers and Bitcoin ATM schemes
"Pig butchering" scams that build a fake romantic relationship over time
Romance scams on dating apps and social media
Tech support scams from fake Microsoft, Apple, or Norton technicians
Government imposter scams, including fake FBI agents or Social Security officials
Grandparent scams asking for emergency money
Fake lotteries and sweepstakes demanding upfront payment
IRS imposter scams (the real IRS never asks for gift cards)
Financial Abuse Through Estate Planning Manipulation
Wrongful changes to a will or trust made under pressure or confusion
Undue influence during periods of cognitive or physical health decline
Self-dealing by power of attorney holders
Forged signatures on estate documents
Unauthorized beneficiary changes on life insurance or retirement accounts
Elderly victims of financial abuse often face physical abuse or neglect alongside these losses, and cases involving arbitration agreements can complicate the path forward. A California elder financial abuse attorney can help you understand other legal remedies available to your family. If you're unsure where to start, our California elder financial abuse attorney team can also point you toward helpful financial resources.
Is Financial Elder Abuse a Crime in California?
Yes. Criminal charges for financial elder abuse can be filed under California Penal Code §368(d) and §368(e). This is what's known as a "wobbler" offense, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony depending on how much money was taken and the defendant's criminal history.
What Is the Punishment for Financial Elder Abuse?
The punishment for financial elder abuse in California depends largely on the dollar amount involved:
Loss under $950: Charged as a misdemeanor, punishable by up to one year in county jail and fines of up to $1,000.
Loss of $950 or more: Charged as a felony, punishable by two, three, or four years in state prison and fines of up to $10,000.
Cases involving great bodily injury or death: An enhancement can add another three to seven years to the sentence.
These penalties exist to protect vulnerable seniors across the state, whether the victim is an older person living independently or an elderly individual in a care facility.
Civil Remedies Are a Separate Path
Criminal charges are not the only option. A civil claim under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) can move forward regardless of whether the district attorney files criminal charges. Under Welfare & Institutions Code §15657, a successful civil case can result in treble damages, attorney's fees, punitive damages, and recovery of costs.
Pursuing a criminal case and a civil case are two independent paths, and taking action in one does not prevent you from pursuing the other.
Whether you're working with a California elder financial abuse attorney in Los Angeles, an elder financial abuse attorney in San Diego, or a California elder financial abuse attorney in San Francisco, our team can help you understand which path, or both, makes sense for your family's situation. If you're specifically located in the LA area, our team is ready to help.
Signs of Financial Elder Abuse Families Should Watch For
Knowing the signs of elder abuse can help you catch a problem before it grows into something much harder to undo. Financial exploitation doesn't always look obvious at first, especially when it involves someone the elder trusts. Below are some real elder financial abuse examples we look for, organized into four categories.
Banking and Account Red Flags
Unexplained large withdrawals or wire transfers
ATM withdrawals from locations the elder doesn't normally visit
New names added as joint owners on bank accounts
New credit cards opened in the elder's name
Missing bank statements, which may mean they're being intercepted
Unusual purchases like gift cards, cryptocurrency, or money orders
Sudden inability to pay regular bills despite stable income
Estate and Legal Document Red Flags
A will or trust that was recently changed under unusual circumstances
A new power of attorney granted to one family member
A sudden deed transfer of real property
New beneficiary designations on life insurance, annuities, or retirement accounts
Missing or "lost" estate planning documents
Statements from the elder that don't match the documents on file
Behavioral Red Flags in the Elder
New anxiety about money matters where there wasn't any before
Reluctance to discuss finances openly
Withdrawal, fear, or agitation around a specific person
Growing dependence on a single family member, caregiver, or "friend"
Raising concerns, then retracting them under pressure
The Isolation Tactic
The single most reliable sign that financial abuse is actively happening is isolation. This can look like someone screening the elder's phone calls, restricting visits, controlling conversations about medical care or finances, or otherwise limiting who has access to the elder. Under California Welfare & Institutions Code §15610.43, isolation itself is considered a form of elder abuse. That means cutting older adults off from family can be legally actionable on its own, separate from any financial theft that follows.
Elder financial abuse laws in California recognize how vulnerable elderly people can become once someone controls their personal care and daily routines. If any of these signs sound familiar, reaching out to a California financial abuse attorney can help you understand your next steps.
EADACPA Two-Tier Damages - Why California Cases Are Different
California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) offers two tiers of recovery, and knowing the difference matters.
A basic EADACPA claim under §15657.5 requires proving abuse occurred and caused injury. This covers compensatory damages like lost assets, medical costs, and pain and suffering, similar to a standard negligence claim.
An enhanced EADACPA claim under §15657 requires clear and convincing evidence of recklessness, oppression, fraud, or malice by the responsible person. Meeting this higher bar unlocks:
Treble damages on all economic losses
Attorney's fees and costs paid by the defendant
Exposure to punitive damages
In wrongful death cases, recovery for pain and suffering between the abuse and death
The attorney's fee provision is often what drives settlement. Defendants who refuse a reasonable offer risk paying damages plus the plaintiff's legal fees, which can run $150,000 to $500,000 in complex cases. This fee-shifting structure is one of the strongest settlement tools in California civil law.
There's also Civil Code §3345, which allows penalties to be trebled when a wrongful taking also violates a consumer protection statute and specifically targets seniors, separate from EADACPA enhancement.
Our California elder financial abuse attorney team, serving families across Southern California, works to hold the people responsible for draining bank accounts or manipulating health care decisions accountable. If your elderly loved one has been harmed, our experienced lawyers can help you understand which claims apply.
How to Recover Money from Financial Elder Abuse
Recovering money after financial elder abuse is possible, but how much you recover often depends on the specifics of the case. Whether the perpetrator still holds the assets, whether those assets can be traced, and whether they have insurance or other assets all play a role. Real estate and bank accounts are usually easier to trace. Cash and cryptocurrency are harder to track down, though law enforcement coordination has made recovery more possible than it used to be.
Civil Litigation Is Usually the Strongest Path
Criminal restitution rarely makes victims fully whole. Civil litigation, particularly a claim under EADACPA, is typically the more effective route for actually recovering losses. A California elder financial abuse attorney can help you evaluate which path fits your situation.
If a Family Member Took the Money
The first procedural step is often sending a Demand for Accounting Letter, which requires the person controlling the elder's finances to account for how funds were used. If someone abused a power of attorney in bad faith, Probate Code §859 allows for double damages. In some cases, a constructive trust can be used to recover real property that was wrongfully transferred, especially when a fiduciary duty was broken.
If the Loss Came from a Scam
For scam-related losses, reporting to the FBI's Internet Crime Complaint Center (ic3.gov), a local FBI field office, or your local DA's Elder Abuse Unit can start the recovery process. Cryptocurrency losses can sometimes be traced through court orders issued to exchanges, and asset freezes can be placed on identified scam wallets. In one 2025 case, Butler County BCI in Ohio recovered $36,000 of an $88,000 crypto scam loss through a coordinated financial investigation.
If a Financial Advisor or Institution Was Involved
When the loss involves a financial advisor or institution, options include FINRA arbitration, an SEC enforcement complaint, a complaint to California's Department of Financial Protection and Innovation, or a claim against the broker-dealer's insurance.
How Long Do You Have to File?
Under W&I §15657.7, you generally have four years from the date of discovery to file a financial elder abuse claim, longer than the standard two-year personal injury deadline. Delayed discovery rules can extend this further when the elder had cognitive impairment that prevented them from recognizing the abuse sooner.
Suing for Elder Financial Abuse After Death
Suing for elder financial abuse after death is possible. Heirs and the estate's personal representative can step into the elder's shoes under California Probate Code and pursue the claim on their behalf.
If your loved one's basic needs, well-being, or care in a nursing home were affected by financial exploitation, a California elder financial abuse attorney can walk you through what recovery might look like for your family.
How to Report Financial Elder Abuse in California
If you suspect financial exploitation of someone in old age, report it right away. Here's who to contact:
Under California Welfare & Institutions Code §15634, people who report suspected abuse in good faith are protected from liability. §15630 requires certain professionals, including bank employees, financial advisors, healthcare workers, social workers, and any care custodian, to report suspected abuse when they see it.
If you're ready to pursue justice for your family, a California elder financial abuse attorney can help you understand your options for filing an elder abuse lawsuit. A financial elder abuse lawyer can also help make sure the person responsible is held accountable, and our California elder financial abuse attorney team is available to guide you through every step.
Why Choose Berman & Riedel for Your California Financial Elder Abuse Case?
When you're ready to take action on behalf of a loved one, it’s important to choose the right firm. At Berman & Riedel, our attorneys have earned recognition from their peers for consistent results, including Martindale-Hubbell AV Preeminent, Super Lawyers, and a 10.0 AVVO rating. Most of our cases come to us through referrals from past clients or other attorneys who recognize our focused experience and track record of success handling financial exploitation and neglect cases.
Our named attorneys are members in good standing of the California State Bar, and we bring that experience directly to your case. We work on a contingency fee basis, which means you pay nothing upfront, and we offer a free consultation so you can understand your options before making any decisions.
If you're looking for a California elder financial abuse attorney who will fight to protect your family, our financial elder abuse lawyer team is ready to listen and help you figure out the right next step.
San Diego County Financial Elder Abuse Resources
If you're in San Diego County and need support beyond legal representation, these local resources can help:
If your family needs guidance on the legal side of a case, our California elder financial abuse attorney team is available to help you understand which of these resources fits your situation, and to walk you through next steps for pursuing accountability.
California Elder Abuse Attorney FAQs
What Is the Punishment for Financial Elder Abuse in California?
California Penal Code §368(d) makes financial elder abuse a misdemeanor (loss under $950, up to one year county jail plus a $1,000 fine) or felony (loss of $950 or more, two to four years state prison plus a $10,000 fine). Civil remedies under W&I §15657 add treble damages and attorney's fees when recklessness, oppression, fraud, or malice is proven.
How Long Do I Have to File a Financial Elder Abuse Lawsuit in California?
Under California elder financial abuse law, W&I §15657.7 sets a four-year statute of limitations, longer than the general two-year personal injury limit. The clock starts when the abuse is discovered or reasonably should have been discovered. Delayed discovery rules extend the deadline when the elder had cognitive impairment at the time.
Can I Sue Someone for Financial Elder Abuse After the Elder Has Died?
Yes. California Probate Code allows heirs, beneficiaries, or the estate's personal representative to pursue financial elder abuse claims after the elder's death. Recovery flows to the estate, which is then distributed per the elder's will or California intestate succession. The four-year statute of limitations under W&I §15657.7 still applies, measured from discovery.
Can Banks Be Sued for Elder Financial Abuse?
Under Das v. Bank of America, N.A. (2010), California banks can be liable for assisting financial elder abuse, but only if the bank knew of the wrongdoer's misconduct. Banks are also mandatory reporters under W&I §15630. FINRA Rule 2165 allows brokerages to delay transactions when a trusted contact has been designated.
What's the Difference Between Financial Elder Abuse and Undue Influence?
Financial elder abuse (W&I §15610.30) is the actual taking, hiding, or misuse of an elder's property. Undue influence (W&I §15610.70) is one of the legal mechanisms by which that taking happens, using excessive persuasion to overcome the elder's free will. Many cases involve both, where the abuser used undue influence to commit financial abuse.
How Do I Get My Elderly Parent's Money Back From a Sibling or Family Member?
Recovery typically starts with a Demand for Accounting Letter, where an elder law attorney requests five years of records within 30 days. Then civil litigation under EADACPA and Probate Code §859 allows double damages for bad-faith POA abuse, and a constructive trust can recover real property. Consult an attorney before confronting the family member, since confrontation risks evidence destruction.
Get in Touch With Our Team Today
Watching for signs of elder financial abuse is the first step to protecting your family, whether you're located in Beverly Hills, Santa Monica, Marin County, or elsewhere in California. If you still have questions, a California elder financial abuse attorney at Berman & Riedel is ready to help.
Reach out to Berman & Riedel, LLP today to talk to an experienced California elder financial abuse attorney. Give us a call at (858) 350-8855 or fill out our online form to get started.
About Berman & Riedel, LLP firm managing partner attorney William M. Berman:
William M. Berman is a seasoned attorney and the founding partner of Berman & Riedel, LLP. With over 20 years of experience in personal injury and elder abuse law, William has successfully represented countless clients in complex legal matters, earning a reputation for his expertise, commitment to justice, and exceptional results. His work has been recognized by multiple legal organizations, including Super Lawyers and The National Trial Lawyers. As a passionate advocate for the rights of vulnerable individuals, William is dedicated to ensuring that victims of elder abuse receive the justice they deserve. His blog contributions draw from his extensive experience and serve to educate and empower those seeking legal guidance.
Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
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Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
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Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
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FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.Â
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limitsÂ
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.Â
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
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The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
