San Diego Financial Elder Abuse Attorney
In California, not all cases of fraud and financial misappropriation are looked at equally. For example, if the victim in a case is over the age of 65, the act may automatically be considered financial elder abuse and subject to a wider range of litigation than standard financial misappropriation. Perpetrators of this type of abuse can be held liable for their actions in both criminal and civil court.
In civil law, financial elder abuse occurs when:
- An individual takes personal property from an individual over age 65 with intent to defraud or to use wrongfully.
- An individual assists in taking personal property with intent to defraud or use wrongfully.
- An individual takes or assists in taking property using “undue influence.”
At Stokes O’Brien, our team of San Diego attorneys represents both individuals who have been taken advantage of financially and those who have been wrongfully accused in civil court. Our attorneys are interested in helping you reconstruct the truth to protect your interests, assets, and reputation during a civil case of financial elder abuse.
Suspecting Financial Elder Abuse
Anyone concerned that their loved one or a senior citizen is being financially abused can and should report the incident. Failing to do so could be grounds for being fined or even jailed if you’re a mandated reporter. Abuse of an elderly person can be part of a wider scam or an isolated incident in which a financial professional, caretaker, or family member purposely or negligently takes part in the activity.
Signs to look for may include:
- Transferring a power of attorney, drawing up a will, or restructuring assets while the individual is mentally incapable of making such decisions.
- Suspecting that an individual has made a change to financial assets to continue receiving a service or affection.
- Lack of or missing personal belongings, clothing, grooming items, etc. necessary for basic care.
- Caretakers and/or family members failing to use an individual’s financial assets in an appropriate manner for care.
- Distant relatives and acquaintances who suddenly take interest in a senior citizen’s affairs.
If you believe that any of these facts stated apply to your circumstances, you need to contact an attorney who has an understanding of your rights.
Individuals should be aware of variation of these issues and take action if they occur. Lawsuits in California are typically brought against responsible parties under the Elder Abuse Act. Older individuals are uniquely vulnerable to financial deceit as they get older, and almost everyone in their life could be a suspect. That is why it is important to gain Local Representation for outer state companies. At Stokes O’Brien, our team is led by California local; John O’Brien. John O’Brien started his law practice here in San Diego and deeply understands local, state, federal, and international statutes that govern business affairs today.
Pursuing a Financial Elder Abuse Case – San Diego Business Attorney
One of the largest generations in our country, baby boomers are currently transitioning into the later years of their lives. As more reach the age of 65, it is likely that cases of financial and other forms of abuse will come to light in the legal system more often. Families, financial representatives, and the aging adults themselves can all play an important role in preventing financial elder abuse by encouraging transparency and working together.
Attorneys who take on these cases must be adept in financial investigations and personal investigations. When representing a client, our experienced lawyers make every effort to personally speak with the victim alone to ensure no outside influences are affecting the course of the investigation. In cases involving families, an attorney must be very careful in reconstructing the true nature of events. Many cases are complex and require extensive investigation.
For those wrongfully accused of financial elder abuse in civil court, the process can be equally complex and confusing. At Stokes O’Brien, we have a reputation for communication and responsiveness. We will tirelessly pursue cases of financial elder abuse using the latest technology and practices in forensic financial investigation. If you are interested in learning more about our approach to financial abuse; contact us at 619.535.5151 today for a free case evaluation.