The Guide to Elder Financial Abuse | RMO Lawyers

Elder financial abuse by family members is more common than you may think, and California courts have been cracking down on it more and more in recent years. Sometimes called “senior fraud,” elder financial abuse can range from something as simple as stealing cash out of grandma’s wallet to something as sophisticated as taking control of an entire estate through high-level fraud schemes.
FULL ARTICLE: rmolawyers.com/elder-financia...
0:00 Introduction
1:40 What is an example of elder financial abuse?
2:40 Where do I report financial abuse of the elderly?
3:07 How to Report Elder Financial Abuse
3:41 Does California have a statute of limitations for financial elder abuse?
4:22 What do I do if I'm accused of financial elder abuse?
4:56 How do I prove financial elder abuse?
5:19 Someone has taken property from an elderly person without their permission
5:32 Someone has used fraud, coercion, or undue influence to wrongfully obtain property from an elderly person
5:40 Someone has knowingly assisted another person in perpetrating financial elder abuse.
5:54 Is there jail time for financial elder abuse?
6:15 What is the penalty for elder financial abuse?
6:31 What are California financial elder abuse punitive damages?
7:02 Can AARP help with elder financial abuse?
7:27 When should I contact an elder financial abuse attorney?
One of the most painful aspects of these cases is that it is often a trusted family member, friend, or caretaker who commits financial abuse against a senior loved one. Because of this, victims and their heirs are often reluctant to take appropriate legal action. While this is perfectly understandable, it’s important to note that elder financial abuse usually doesn’t result in criminal charges, meaning the offender will not go to jail or have a criminal record. And if you allow the abuses to continue unchecked, entire legacies can be lost in an alarmingly short amount of time.
"What is elder financial abuse?"
California Welfare and Institutions Code §15600 protects all adults ages 65 or older, and all dependent adults, from various types of abuse and neglect. Financial abuse of elders is an all-too-common offense, which occurs when a person:
“Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.”
“Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.”
“Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.”
For any of these causes of action, the person alleging the abuse must also show that the perpetrator knew or should have known that their act was likely to cause harm to the elderly or dependent victim.
"How to Report Elder Financial Abuse"
How and where to report elder financial abuse will depend on your state and its policies. In most states, you can report it either to local law enforcement or Adult Protective Services. Some states even have a hotline you can call.
It is important to note that reporting elder financial abuse is different from pursuing a legal remedy for it. If a victim or their loved one wants to be justly compensated or recoup their losses, they will need to hire a good elder abuse attorney to file a civil suit against the offender.
"When should I contact an elder financial abuse attorney?"
You should contact an elder financial abuse attorney the moment you suspect that someone is taking advantage of an elderly or infirm person for their own monetary gain.
We understand how stressful the prospect of litigation can be when the offender is a family member or friend, but in our experience, a financial abuser will not stop until someone holds them legally accountable. We strongly urge you not to wait until more damage has been done. If you wait too long to protect your inheritance, there may be no inheritance left to protect.
Have questions? At RMO, we protect people like you everyday.
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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@shericebsperspective2631]

How tf can't they go to jail? Is stealing/theft not a crime anymore? The system is screwed up!

[@Mav7x614]

I’m in SoCal, I just stopped all transactions and took out POA / Healthcare POA for my grandma. My uncle and my cousin have been using her bank account for e transfers, Zelle transfers and transferring money from savings to checking, online spending and atm withdrawals. They also have full access to my grandmother’s accounts online which she never knew how to log in or new she had . 100k dwindled down to 10k in savings. Also an annuity transfer of $87k to a different bank account that is not hers. Where should I start for legal proceedings ? My cousin still lives in her house and plays games with my grandma misplacing items on purpose and acting like my grandma misplaced them and “can’t find them”. Also changing primary care doctors and talking for her in her appointments and scheduling her for mental health appointments .

[@vincestone5083]

I understand that an elderly person going to an old folks home in the US should first appoint a trusted person to handle his/her affairs. The problem is where to find such a person.

[@mosesthomas3976]

I’m dealing with this

[@goddessisg00d]

How the F are these people being lawfully held accountable!

[@darrylg3861]

I am being financially, emotionally and verbally abused. Someone called DCF in orange county Florida. They investigated. They talked to my abuser. They did not talk to one of my witnesses. I'm still with my abuser. Don't know who to call if DCF won't help.

[@shericebsperspective2631]

Are you serious?

[@saywhatters5811]

How do you deal with making payments, setting up auto pay, online accounts for years before a dementia diagnosis, but now the patient is withdrawing any consent they gave.

[@juanobi3263]

Watch who you bring around your elders because they might be associated with someone who is using them to coerce the elder (sometimes even with sex) into changing a will or trust for both of their benefit

[@sinjinmonsoon9055]

I watched my sister shake and slap my sedated and restrained father trying to get him to sign papers. She did it in front of at least 10 people. Including his nurse. Cops did nothing.

[@user-no1kv9ng3w]

I'm from Oregon I going this now and ever since I lost my husband ,which it's been since 1/7/2020🎉I can't found anyone to help me she trying to be my landlord and evicted me after 23 years

[@michealluis8038]

Sir will you take a case to represent a beneficiary who's to sibling have abused and neglected there mother causing the death of the innocent 70year old innocent mother and there two lawyers have lied to local law enforcement Da's office the judge and courts . For personal and financial gain. The lawyers and two siblings have intentionally made false allegations about the youngest sibling to silence and discredited the beneficiary which as successfully been accomplished. The EVIDENCE and legal factual documentation medical records bank statement recorded harassing vioce messages phone records emails texts that blatantly support the wrong doing of the lawyers and there client in a unbelievable way. The amount of evidance that the lawyers and there clients keep intentionally from the sheriffs department Da's office Judge and the courts in this California county is as outrageous as these allegations sound but there true . Where can a person with all this overwhelming proff evidence fact get help when the power and influance of the clients and lawyers have manipulated the legal system in this jurisdiction . If any one as a suggestion or is willing to review the facts and represent the individual if the alleged ALLIGATIONS evidence said to be check out . Please email [e-mail] Or call 707 679 - 8627 Thank you

[@michealluis8038]

@@WorldReserveCurrency Hello , Thank you for your replay. The case is in Solano County Calif . The Lawyers involved each have over 30 years experience of practicing law in this community and seemed to be very influancable among their peers and with local law enforcement. I know my story is very unbelievable and insanely crazy to say the least equally so is my alleged accusations regarding attorneys the police officers who have participated an unethical criminal Behavior to help their clients and family members cover up horrific incomprehensible elder abuse and neglect professional if Financial game. I would really like to pay you for your time in person to sit down the legal factual documentation and evidence the supports improved each and every allegation a mind regarding family members / police officers, Lawyers and sheriff's deputies the District Attorney's elder abuse investigator who are helping these people get a way with cold blooded premeditated elder abuse and neglect that that took a life show me seventy year-old disabled innocent victim .And have made false allegation to local law enforcement agency about you and my disabilities that I have obtained from serving my country over 30 years ago that neither the lawyers that remembers cops deputies involved know any thing whatsoever about nor qualified to legally discuss and or diagnose any disabilities of mine whatsoever legally or ethically as they have done to silence me do cover up all their horrific unacceptable Colonel behavior which again all evidence documentation I have with support and prove every alleged allegation I have as well as the motive. I would be more than willing to pay you for your time If you all your Law Firm takes these types cases and to hold attorneys and police officers accountable for any criminal wrongdoing at your firm believes that's the wrong doors have committed after hearing my story reviewing the documentation and evidence I provide and before contact the attorneys whom are involved and local law enforcement to VET me and review this case as your discretion chooses to do so. The facts and the truth regarding the story as well as the people involved is extremely unbelievable outrageous and uncommon in them selfs alone , which makes it reasonable for you to assume I am misinformed mentally incapacitated and pointing fingers at law enforcement and lawyers and the legal profession has a whole which is absolutely totally not the case. My time stamped legal impeccable documentation and evidence will also support my respect for law enforcement and I'm legal system that's a whole including attorneys. These wrong doers public officials family members responsible for the death of my mother and many other crimes the ones they have committed and the one that they must continue to commit and efforts to cover it all up. These people have made up stories, lies and false allegations about me two local law enforcement , judges and the courts knowingly to manipulate law enforcement judges I'm a superior court and use them to commit and cover-up their horrific incomprehensible outrageous unbelievable crazy criminal Behavior and they still are. They have successfully took my voice my credibility my reputation as well as violated my constitutional and Civil Right to due process and many other rights to include. My human rights I. am not a lawyer cop investigator nor have I tried to be one or claim to know what or how to do a cop or a lawyers cgio

[@michealluis8038]

Please excuse my Grammer and typing from my cell phone , I don't claim to know how to do a cop or lawyers job. , all I got left that these people have not took from me is simply the TRUTH and my foolish stubborn honor that will not allow me to run from them nor will I ignore there evil and the truth . I can't help the fact that lawyers cops are guilty of such corrupt criminality , if it were doctors nurses or fireman that evidence proves were guilty I would of said that . All I got is the truth that's all I can give you I can only demand that you do the same no matter the burden . And believe me the truth is one thing I wish it was not ! My entire adult family has betrayed my to cover up there insidious behavior which is as bad as there behavior itself. My evidence is going to show that this is possible the worst type of fraud and direct disrespect to the honorable Judges and the courts that as ever been provable and done by any lawyers in the history of this country's history . There is a case in Hawaii that has took place around the same time my case started. Almost identical to my case this case involves the a district attorney and her husband a chief of police on the same island at the same time they they abused there power and influence and were found guilty . the granddaughter being the district attorney of the senior citizen she abused stole her grand mother's property and her husband the chief of police at the same time is wife was the District attorney

[@michealluis8038]

They were found guilty only because the chief of police and the District attourney.the ( granddaughter used police officer to set the grandmother's son up for stealing a mail box to discredited the Grandmotgers son the DA' s uncle . just like my sister's and her lawyers have used cops and lies to silence me . and prevent me from being able to report the crimes and evidence the lawyers and. Family members / cops intentionally keep and hide from the JUDGE And courts .all facts only thing different is the lawyer is a DA and the cop was chief of police And they only stole the grand mother's house and 450 k from grandma and had the grandmother deemed incapacitated by there abuse of power and influencing the court to. Take her mental capacity after the granddaughter took her 90 OLD grand mother to 10 different doctors that all stated. The grand mother was not mentally capacitance and was of sound mind . My case the elder abuse investigator for the DAs office and a few deputies that I can prove are helping them cover it all up and a couple police officers are and and daughter. Of my sister's and cousins are the police involved. But the intentionally killed my mother's life there grandmother and mother and the lawyers could have and should have prevented the abuse and negct 3 years early . Medical records I have absolutely supportive prove these facts and of course the lawyers a fraudulent way knowingly. Please forgive my poor grammar typing from my phone thank you for your time okay from you

[@michealluis8038]

Well All I can hope for is least you read my poor grammer articulated

[@ALVAMARTIN-rt1hx]

I have had the same issue fir YEARS now no longer able to pay bills, see drs, buy food or medicine. Living in the woods with no car and SERIOUS health issues. Apparently innocent victims no longer have rights. Police do NOTHING!

[@dproper912]

This is a JOKE!

[@carlimuzquiz979]

Amazing video. Great information