AGE IS NOT JUST A NUMBER – Understanding & Combatting Financial Elder Abuse and Senior Identity Fraud in California
As our loved ones age, they often face unique vulnerabilities, making them prime targets for financial exploitation and identity theft. Elder financial abuse and senior identity theft are growing concerns, affecting countless seniors each year. At R23 Law, we are committed to protecting the rights of the elderly and ensuring they receive the justice they deserve.
What is Financial Elder Abuse?
Elder financial abuse occurs when someone illegally or improperly uses a senior’s money or property for their benefit. This can range from outright theft to coercion into signing documents or making financial transactions. Victims are often targeted due to their perceived vulnerability, social isolation, or cognitive impairments such as dementia or Alzheimer's.
Common Scenarios of Financial Elder Abuse
Financial elder abuse can take many forms, including:
Unauthorized Transactions: This includes fraudulent or unauthorized use of credit cards, bank accounts, or property.
Example: A caregiver uses an elder’s credit card to make personal purchases without permission.
Exploitation by Caregivers: Caregivers or family members may misuse their access to the elder’s finances, often under the guise of “helping” them.
Example: A family member convinces an elder to sign over their house deed under false pretenses.
Investment Scams: Seniors may be targeted with fraudulent investment schemes promising high returns with little risk.
Example: An elder invests their savings in a fake company that promises high dividends but then disappears with the money.
Telemarketing Scams: These scams often involve phony lotteries, charities, or services that exploit the trust of seniors.
Example: An elder receives a call claiming they’ve won a prize but must pay fees upfront to claim it.
Improper Use of Legal Authority: Abuse of power of attorney or guardianship to control or misuse an elder’s finances.
Example: A legal guardian uses their authority to transfer the elder’s assets to their own account.
Signs of Elder Financial Abuse
It’s crucial to recognize the signs of financial abuse to protect our seniors:
Unusual or large withdrawals from bank accounts.
Missing property or belongings.
Sudden changes in financial documents, such as wills or power of attorney.
Unpaid bills or lack of basic necessities.
Isolation from friends and family.
Emotional distress or sudden changes in behavior.
Identity Theft and Seniors
Identity theft involves stealing personal information to commit fraud. Seniors are particularly susceptible to identity theft due to various factors, including:
Public Records: Seniors’ personal information is often more accessible due to publicly available records.
Healthcare Transactions: Frequent healthcare visits and transactions increase the risk of exposure to personal data.
Scams and Phishing: Seniors may be targeted by phishing scams that seek to obtain personal information through deceptive emails or phone calls.
Common Forms of Identity Theft Affecting Seniors
Credit Card Fraud: Unauthorized use of credit card information to make purchases or cash withdrawals.
Example: A scammer obtains an elder’s credit card information and makes large online purchases.
Medical Identity Theft: Using a senior’s personal information to obtain medical services or prescription drugs.
Example: Someone uses an elder’s insurance information to get medical treatment or prescriptions.
Tax Fraud: Filing false tax returns in a senior’s name to claim refunds.
Example: A fraudster files a tax return using the elder’s Social Security number to receive a refund check.
Social Security Fraud: Using a senior’s Social Security number to receive benefits or commit other fraud.
Example: Someone steals an elder’s Social Security number to open new credit accounts.
California Laws Protecting Seniors
California has robust laws to protect seniors from financial abuse and identity theft. Key statutes include:
California Welfare and Institutions Code Section 15610.30: This law defines financial abuse of an elder as the illegal or unethical taking or retention of their property.
Elder Abuse and Dependent Adult Civil Protection Act (EADACPA): Provides civil remedies for physical and financial abuse of elders.
California Penal Code Sections 368(d) and (e): Criminalizes theft, embezzlement, forgery, or fraud against elders.
California Civil Code Section 3345: Allows for enhanced penalties in civil cases where seniors are targeted.
California Identity Theft Act: Provides remedies and protections specifically against identity theft, including the ability to recover damages.
Elements to Prove Violations of EADACPA
To successfully prove a violation of the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), certain elements must be established, especially in cases involving financial abuse:
Existence of an Elder or Dependent Adult: The victim must be 65 years of age or older, or a dependent adult.
Defendant’s Conduct: The defendant must have taken, secreted, appropriated, obtained, or retained real or personal property of the elder or dependent adult.
Wrongful Use, Intent to Defraud, or Undue Influence: The defendant’s conduct must have been for a wrongful use or with intent to defraud, or both. This includes:
Wrongful Use: The property was taken or retained for a wrongful use if the defendant knew or should have known that the conduct was likely to be harmful to the elder.
Intent to Defraud: The property was taken or retained with the intention to deceive the elder.
Undue Influence: The taking advantage of the elder's vulnerability, dependency, or trust.
Mental Suffering or Harm: The elder must have suffered mental suffering as a result of the defendant’s conduct. This can include fear, agitation, confusion, severe depression, or other forms of emotional distress.
Recklessness, Oppression, Fraud, or Malice: The defendant must have acted with recklessness, oppression, fraud, or malice.
Enabling Financial Abuse
In addition to directly taking an elder's property, enabling financial abuse can also be a violation under EADACPA. This can involve:
Assisting in Abuse: Helping another person to take, secrete, appropriate, obtain, or retain an elder’s property for wrongful use or with intent to defraud.
Example: A bank employee facilitates fraudulent withdrawals knowing the elder is being exploited.
Failure to Act: Knowing about the abuse and failing to take reasonable steps to prevent it or report it to the authorities.
Example: A financial advisor ignores clear signs of exploitation and does not report it.
Steps to Take if You Suspect Elder Abuse or Senior Identity Theft
If you suspect that an elder is being financially abused or has fallen victim to identity theft, it's essential to act swiftly:
Document Evidence: Keep detailed records of any suspicious activities or transactions.
Report to Authorities: Contact local Adult Protective Services (APS) or law enforcement.
Notify Financial Institutions: Alert banks, credit card companies, and other financial institutions to the potential fraud.
Seek Legal Help: Consult with an attorney specializing in elder abuse and identity theft to understand the legal options and steps to protect the elder's assets.
How R23 Law Can Help
At R23 Law, we specialize in fighting for the rights of seniors who have been victims of financial abuse and identity theft. Our experienced Elder Abuse Attorneys are well-versed in California’s elder protection laws and are dedicated to holding wrongdoers accountable. We offer compassionate and comprehensive legal services, including:
Investigating claims of financial abuse and identity theft.
Pursuing civil litigation to recover stolen assets.
Working with law enforcement and regulatory agencies.
Providing guidance on protective measures such as revised estate planning and guardianship arrangements.
Protecting Our Elders
Ensuring the safety and dignity of our seniors is a responsibility we all share. By staying vigilant and informed, we can help prevent financial abuse and identity theft, protecting our loved ones.
If you or someone you know is experiencing elder financial abuse or identity theft, don’t hesitate to reach out to R23 Law for a consultation.
