Elder Abuse - Financial

The experienced attorneys at the California law firm of Needham, Kepner, Fish & Jones are passionate about fighting on behalf of victims of physical and financial elder abuse and their relatives throughout the Bay Area.

Financial elder abuse is unfortunately common, and many seniors living in nursing homes and other care facilities are unaware that they are even being taken advantage of.  Moreover, many elders are embarrassed that they have been so abused and are reluctant to come forward and report what has happened.  We are here to help you obtain compensation for what you or your loved one has lost, including the value of the money or property that was misappropriated and in some cases additional punitive damages and attorney's fees.

California's Elder Abuse and Dependent Adult Civil Protection Act contains lengthy provisions aiming to protect elders from financial abuse.  It broadly defines financial abuse as occurring when another individual or business takes, obtains, keeps, or appropriates the elder's money or property for a wrongful use, with intent to defraud the elder, or by using undue influence.  This includes transfers through a will, gift, donation, or any other type of agreement.

Fraud

Fraud typically occurs when a person or entity earns an elder's trust in some kind of personal or business relationship and takes advantage of the relationship by misappropriating funds or property, making false representations, or using any other deceptive tactic to obtain control over an elder's finances or property.  Unfortunately, many instances of fraud occur at the hands of an elder's friend, relative, business partner, or other close acquaintance.  This can make these cases both painful emotionally and difficult to prove.  We utilize our position as trusted advocates to help you through each phase of the case to uncover the root of the fraudulent activity.

Insurance and Financial Advisors

A common type of financial abuse occurs when insurance brokers and financial advisors try to sell an elder an insurance policy or long-term investment that they do not need and that will not benefit them.  One example in particular is annuities, which are designed to provide a return only after a long period, usually as much as 20 years.  This type of investment would not benefit most seniors; promises that it will protect their assets or qualify them for Medi-Cal can also be considered abusive. 

Seek Experienced Legal Counsel

Financial elder abuse can have a devastating impact on you and your loved ones.  If you believe you or a loved one might the victim of fraud, undue influence, or another type of financial abuse, contact experienced attorneys as soon as possible so that we can begin a thorough search of relevant medical and financial documents.  To schedule a free initial consultation, contact Needham, Kepner, Fish & Jones today.