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Financial elder abuse and trust misappropriation
Financial elder abuse and trust misappropriation are growing concerns across Los Angeles, the San Fernando Valley, and throughout Southern California. These cases often involve trusted individuals—such as family members, caregivers, or fiduciaries—taking advantage of an elder’s trust or diminished capacity for personal gain.
Under California law, an “elder” is defined as anyone age 65 or older. The law provides enhanced civil and criminal protections to safeguard seniors from financial exploitation.
What Is Financial Elder Abuse?
Under California Welfare and Institutions Code §15610.30, financial elder abuse occurs when a person:
- Takes, acquires, appropriates, or retains real or personal property of an elder for wrongful use or with intent to defraud
- Assists another in wrongfully taking or retaining an elder’s property
- Uses undue influence to gain control over an elder’s assets
These actions are taken seriously under California law and can result in significant legal consequences.
What Is Trust Misappropriation?
Trust misappropriation happens when a trustee—or anyone managing trust assets—misuses those assets or fails to act in the best interests of the beneficiaries. Common examples include:
- Using trust funds for personal benefit
- Failing to properly track or report trust assets
- Moving or spending money without authorization
Under California law, trustees are held to a high standard of care and loyalty. When they violate these duties, they can be held personally responsible, removed from their role, and required to repay the trust.
Protections for Dependent Adults
In addition to elder protections, California law also safeguards dependent adults between the ages of 18 and 64 who have physical or mental impairments that limit their ability to carry out normal daily activities or make decisions.
These individuals may also pursue legal remedies under dependent adult abuse statutes.
Warning Signs of Financial Abuse
Recognizing early signs of financial exploitation is critical. Common indicators include:
- Unexplained withdrawals or unusual financial activity
- Sudden changes to wills, trusts, or estate plans
- Isolation from family members or trusted advisors
- Missing property or unpaid bills despite available funds
If you notice any of these red flags, immediate action is essential.
How We Can Help
At The Law Office of Frederick S. Schwartz, we are committed to protecting vulnerable individuals and holding wrongdoers accountable. Financial elder abuse and trust misappropriation cases are often complex, emotionally charged, and time-sensitive. They require not only a deep understanding of California law but also a strategic and thorough approach to uncovering the truth and securing justice.
We understand the sensitive nature of these cases and advocate aggressively to protect your rights and your loved ones.
Our firm:
- Investigates claims of elder financial abuse and trust misappropriation
- Works to recover misappropriated assets
- Pursues legal remedies through negotiation, mediation, or litigation
- Provides strategic and compassionate guidance throughout the process
Speak With an Attorney Today!
If you suspect that a loved one has been the victim of financial elder abuse—or if you believe a trustee has misused trust assets—do not wait. Time is critical when it comes to protecting assets and preserving legal rights.
Contact The Law Office of Frederick S. Schwartz today to discuss your situation and explore your legal options.