How do I know if myself or a loved one was a victim of financial elder abuse?

A plaintiff/victim generally must establish:

1. The plaintiff was an elder or dependent adult. For an elder, this generally means a California resident 65 years of age or older at the time of the challenged conduct.
2. The defendant took, secreted, appropriated, obtained, or retained the elder's property—or assisted someone else in doing so.
3. The taking or assistance was accomplished through at least one of three alternative theories:
• wrongful use;
• intent to defraud; or
• undue influence.
4. The elder was harmed.
5. The defendant's conduct was a substantial factor in causing that harm.

Under Welfare & Institutions Code § 15610.30 (a), financial abuse occurs when a person or entity does any of the following:

1. 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;
2. Assists in taking, secreting, appropriating, obtaining, or retaining such property for a wrongful use or with intent to defraud, or both; or
3. Takes, secretes, appropriates, obtains, or retains—or assists in doing so—the property of an elder or dependent adult by undue influence, as defined in Welfare & Institution Code § 15610.70.

More simply, did the defendant deprive the elder of a property right under circumstances where the defendant knew or should have known the conduct was likely harmful, intentionally defrauded the elder, or overcame the elder's free will through undue influence

How old must someone be to receive protection under California’s financial elder abuse laws? The injured party must be 65 years old or older. Welfare and Institutions Code § 15610.27 generally defines an “elder” as a California resident who is 65 years of age or older.

What constitutes a “wrongful use”?  Welfare and Institutions Code Section 15610.30(b) provides an important objective standard. A person or entity is deemed to have acted for a wrongful use if, among other things, the person knew or should have known that the conduct

What does it mean to “take” property? The statute is deliberately broad. Under § 15610.30(c), a person or entity takes, secretes, appropriates, obtains, or retains property when the elder or dependent adult is deprived of any property right, including through an agreement, donative transfer, or testamentary bequest. This applies regardless of whether the property is held directly by the elder or by the elder's representative.

In practical terms, the statute can reach conduct involving:

• money or bank accounts;
• real property;
• investments or other financial assets;
• changes in ownership or beneficial interests;
• transfers accomplished through agreements or gifts; and
• conduct by someone who assists another person in accomplishing the improper transfer or retention.

The statute is broader than ordinary theft or fraud. A financial elder-abuse claim can potentially be established through wrongful use, intent to defraud, or undue influence, and liability can extend to someone who assists in the improper taking or retention of the elder's property.  The remedies can be considerably more significant than those available on an ordinary conversion or fraud theory. Depending on the facts and proof, California's elder-abuse statutory scheme can implicate enhanced remedies, attorney's fees, and—in appropriate circumstances—punitive damages. Those remedies are governed by other provisions, particularly Welf. & Inst. Code §§ 15657 and 15657.5, so the precise remedy depends on the particular theory and evidence and through the elements in CACI No. 3100.