Financial elder abuse or senior fraud can take different forms and can be committed by caregivers, family members, strangers, or any other people known to the elder. Financial abuse may have the same impact as physical abuse.
According to CACI 3100, in case the plaintiff claims that the defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him, he must prove the following elements to establish this claim:
The plaintiff can establish the defendant’s illegal conduct by proving that he knew or should have reasonably known that his actions were likely to be harmful to the plaintiff. Such as, the defendant took, hid, appropriated, obtained, or retained the property, in case the plaintiff was deprived of the property by an agreement, will, gift or trust, regardless of whether the property was held by the plaintiff or by his representative. A representative is an individual or an entity or, that is either:
A false misrepresentation lawyer can take a look into your situation for you if you feel as though you need legal assistance.
According to California Civil Code Section 1575, undue influence is a misuse of a person’s power and role to exploit the dependency, trust, or fear of another person in order to misleadingly gain control over that person’s decision-making and obtaining an unfair advantage over him/her.
Common examples of elder’s financial abuse include:
According to California Welfare and Institutions Code Section 15657.7 for financial elder abuse claims, the statute of limitations is four years. The statute of limitation beings to run from the time the plaintiff discovers the facts, constituting financial abuse, or when the abuse should have been discovered with reasonable diligence.
Civil remedies for elder financial abuse include:
If you believe that you or someone you know have been a victim of elder financial abuse, we invite you to contact our Glendale elder financial abuse attorneys at (310) 943-1171, for a free consultation.
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