Protecting Our Seniors: Understanding Financial Elder Abuse and Trust Misappropriation in California

Financial elder abuse and trust misappropriation are growing problems across Los Angeles, the San Fernando Valley, and throughout Southern California. These cases often involve trusted individuals—family members, caregivers, or even fiduciaries—taking advantage of an elder’s trust or diminished capacity for personal gain.

What Is Financial Elder Abuse?

Under California Welfare and Institutions Code §15610.30, financial elder abuse occurs when someone:

• Takes, secretes, appropriates, or retains real or personal property of an elder for wrongful use or with intent to defraud.
• Assists in taking or retaining property for wrongful use.
• Uses undue influence over an elder to gain control of their assets.

Elders are defined in California as individuals 65 years of age or older, and the law provides enhanced civil and criminal remedies to protect them.

 

Please note that dependent adults between the ages of 18 and 64 with physical and mental impairments which limit their abilities to conduct normal day to day activities and/or decision making functions can find protection and legal remedies under similar dependent adult laws.

Recognizing the Signs

Common indicators of financial elder abuse include:

• Unexplained withdrawals or changes in financial accounts.
• Sudden alterations to wills or trust documents.
• Isolation of the elder from family or trusted advisors.
• Missing property or unpaid bills despite sufficient funds.

If any of these red flags appear, it’s important to act promptly.

What Is Trust Misappropriation?

Trust misappropriation happens when a trustee or individual responsible for managing trust assets breaches their fiduciary duty by misusing or mishandling those funds. This can include self-dealing, failing to account for trust assets, or diverting funds for unauthorized purposes.

Under California Probate Code §§16000–16004, trustees owe their beneficiaries the highest duty of loyalty and care. Violations of these duties can result in personal liability, removal from their role, and restitution to the trust.

How We Can Help

 

At The Law Office of Frederick S. Schwartz, we are dedicated to protecting some of the most vulnerable members of our community—our seniors. Our firm investigates allegations of elder financial abuse and trust misappropriation with compassion and tenacity. We work to recover stolen assets, pursue legal remedies, and hold wrongdoers accountable. Whether it’s through negotiation, mediation, or courtroom advocacy, we stand by our clients at every step.

Take Action Today

If you suspect an elder loved one is the victim of financial exploitation or if you believe a trustee has misused trust assets, don’t wait. Time can be critical in protecting your rights and recovering assets.

 

📞 Contact The Law Office of Frederick S. Schwartz to schedule a confidential consultation. Speak directly with the attorney.  Let’s work together to safeguard what matters most. tel: (818) 986-2407; email: fsslaw@gmail.com