Recognizing and Reporting Financial Elder Abuse–California’s Financial Elder Abuse Reporting Act

cohdrankncoinsnbills11.JPGThe elderly are prime targets for financial scams. Persons over the age of 50 control over 70% of the nation’s wealth. Yet senior citizens are more likely to have disabilities or impairments that make them vulnerable to manipulation and prevent them from taking action against their abusers. Some older people are unsophisticated about financial matters or unaware of how much their assets have appreciated. Others cannot help but follow a predictable pattern of receiving and cashing in their monthly checks, making it easy for predators to guess when they have money or need to go to the bank. Many times, the very family members and helpers they depend upon are the perpetrators who unduly influence and exploit them.

Financial abuse refers to the theft or embezzlement of an elder’s money or property. It includes a wide range of conduct, from the immediate theft of money and property to the use of deception, coercion, or undue influence over time. Perpetrators may also reap financial gain by forging the elder’s signature, forcing them to sign a deed, will, or power of attorney, placing charges on their credit cards without permission, or using any fraud, scam, or deceptive act to financially exploit the victim. Sadly, the perpetrator does not have to be in proximity with the victim; AARP estimates that Americans lose $40 billion each year to fraudulent sales pitches that promise a lottery win, prize win, travel package, or “amazing home loan.” Over 56% of the victims targeted are aged 50 or older. Some widespread forms of financial elder abuse include:

• Identity theft
• Predatory lending
• Telemarketing fraud
• Estate planning scams
• Home improvement scams
Financial abuse is devastating for elders who already have a hard time providing for themselves. As such, it is important to recognize some of the most common signs of financial abuse:

• Unusual bank account activity
• Sudden withdrawals or transfer of assets
• Additional names on bank signature card
• Unexplained changes in spending patterns
• Forged signatures on checks and legal documents
• Unpaid bills, notices to discontinue services or evict

The California Welfare and Institutions Code defines financial elder abuse as the taking, secreting, or appropriating of an elder’s real or personal property for wrongful use or with intent to defraud. The Financial Elder Abuse Reporting Act of 2005 (Act) requires the reporting of any fraudulent use of an elder’s drafts, checks, or orders drawn upon any bank, credit union or savings association. Any person who suspects financial elder abuse should report it the local Long-Term Care Ombudsman, local law enforcement agency, or the Bureau of Medi-Cal Fraud and Elder Abuse. Pursuant to the Act, the police, sheriff’s department, or district attorney investigating the abuse can then request detailed financial records to corroborate the report.

If you know or suspect someone is the victim of financial elder abuse, an experienced California elder abuse attorney can help. Financial abuse victims are entitled to various compensatory damages under California law, including attorney’s fees and costs. Christopher Walton has successfully handled numerous elder abuse cases in San Diego and other areas of California, helping an underserved population halt the cycle of abuse. Mr. Walton is dedicated to defending the rights of elder abuse victims and ensuring they receive the compensation they deserve. Call (866) 338-7079 for a confidential consultation. We look forward to providing you with the highest quality legal representation.

Web Resources:
Financial Abuse, National Committee for the Prevention of Elder Abuse California Welfare and Institutions Code Section 15610.30, Justia
Financial Elder Abuse Reporting Act of 2005, Legislative Counsel’s Digest

More Blog Posts:
California Guidelines for Recognizing and Reporting Elder Abuse, California Elder Abuse Lawyer Blog
Under California Penal Code and Welfare and Institutions Code, Elder Abuse Gives Rise to Criminal and Civil Actions, California Elder Abuse Lawyer Blog
The Top 10 Signs of Elder Abuse, California Elder Abuse Lawyer Blog