FAQ Elder Abuse

California’s Elder Abuse and Dependent Adult Civil Protection Act protects people 65 or older, and dependent adults ages 18 to 64 whose physical or mental limitations make it hard for them to protect themselves. Elder abuse includes financial abuse, physical abuse, neglect, abandonment, and isolation. Abuse can come from anyone: a family member, a caregiver, a care facility, a financial advisor, or a new “friend.”

Financial elder abuse happens when someone takes, hides, keeps, or uses an older person’s money or property for a wrongful purpose, with intent to defraud, or through undue influence. It also includes helping someone else do those things. Common examples include:

• Draining bank accounts or running up credit cards
• Misusing a power of attorney or a joint account
• Pressuring someone to sign a new deed, change a beneficiary, or add a name to an account
• Taking out loans or refinancing in the elder’s name
• Keeping money or property that was supposed to be returned or used for the elder’s care

Undue influence is excessive persuasion that overcomes a person’s free will and leads to an unfair result. California courts look at four things: how vulnerable the person was, the influencer’s position of trust or authority, the tactics the influencer used, and how unfair the result was. It does not require threats or force. It often looks like isolating a parent from the rest of the family, controlling their mail or phone, or rushing them to sign documents.

No, although they often go together. Lack of capacity means the person did not understand what they were signing. Undue influence means they may have understood, but their free will was overcome by someone else. A will or trust can be challenged on either ground, and on others such as fraud, forgery, or improper signing.

Often, yes. Last-minute changes that favor a caregiver, a new spouse or partner, or one child over the others are a common sign of undue influence. In some situations California law presumes undue influence, for example when a gift goes to the person who drafted the document or to certain caregivers. In those situations, the person receiving the gift must prove it was not the result of undue influence.

The deadlines are strict, can be short, and depend on the type of claim.

Evidence also gets harder to find over time. If you received a trustee’s notice, or you suspect abuse, please talk to an attorney right away.

Yes. Many claims survive the elder’s death. They can be brought by the personal representative of the estate, the trustee, or in some cases a family member who is the elder’s successor. In financial abuse cases, a petition can also ask the court to return property to the estate or trust.

It depends on the case, but California law provides strong remedies:

• The property or its value. Money, real estate, or other assets that were wrongfully taken.
• Double damages. When property was taken in bad faith, through undue influence, or through elder financial abuse, the court can award twice its value.
• Attorney’s fees and costs. When financial abuse is proven, the wrongdoer is required to pay reasonable attorney’s fees and costs.
• Punitive damages in cases of malice, oppression, or fraud.
• Loss of inheritance. In some cases, a person found liable for abusing an elder can be treated as though they died before the elder, and lose what they would have inherited.

Because California law can shift attorney’s fees onto the wrongdoer, these cases are often handled on a contingency fee. That means you pay no attorney’s fees unless there is a recovery. Fick Law handles elder abuse and undue influence cases on a contingency fee where the case supports it, and every case starts with a free consultation.

Situations can vary, but generally speaking:

• If someone is in immediate danger, call 911.
• Report suspected abuse to Adult Protective Services or local law enforcement. For abuse in a care facility, you can also contact the Long-Term Care Ombudsman.
• Gather what you can: bank and credit card statements, deeds, old and new versions of wills and trusts, emails and texts, and names of people who saw what happened.
• Write down a timeline while it is fresh: who had access, what changed, and when.
• Talk to an attorney before confronting the person you suspect.

Not necessarily. Before filing, you should talk with an attorney about the clause and the strength of your evidence.