After her father passed away, Lisa was shocked to learn he had changed his trust just months before his death, cutting her out entirely and leaving everything to a much younger “friend” who had recently become his caregiver. Lisa knew something was off, but had no idea if she had any legal options or if the damage was permanent. Situations like this aren’t just heartbreaking. They may involve bold elder financial abuse in California, and recognizing the warning signs is crucial.
When estate planning intersects with declining mental capacity, family tensions, or new influencers in an elder’s life, the risk of elder financial exploitation increases. California law provides tools to challenge suspicious changes to wills and trusts, but timing and action matter.
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What Is Elder Financial Abuse?
Financial elder abuse involves the wrongful manipulation or exploitation of an older adult’s finances, including taking, withholding, or misusing their money, property, or assets. In California, an elder is anyone 65 or older. Under state law, abuse includes situations where a person “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.”
This type of abuse can happen gradually or all at once. It often involves manipulation, deceit, or pressure from someone in a position of trust, like a family member, caregiver, or even a neighbor.
Key Signs of Elder Financial Abuse in California
Spotting red flags early can help prevent irreversible harm. The following are common indicators of financial exploitation during the estate planning process:
- Sudden changes to a will or trust. Especially if made when the elder is in poor health or under the influence of a new “confidant.”
- Isolation from family or advisors. Abusers often limit access to others to reduce outside interference.
- Unexplained transfers of assets. This includes large gifts, new accounts, or changes to property deeds.
- Involvement of new, controlling individuals. A new person who is aggressively managing finances or discouraging the elder from seeking outside help.
- Lack of awareness about legal changes. If the elder doesn’t understand or remember recent legal decisions, that’s a major red flag.
If you see one or more of these signs, it’s time to investigate further. Early legal intervention can preserve necessary rights and potentially recover stolen assets.
Legal Remedies for Financial Elder Abuse in California
California courts take allegations of financial exploitation of seniors seriously, offering victims and their families several legal options to address the harms of the financial abuse, including:
- Contesting a will or trust, especially if it was changed under undue influence or while the elder lacked mental capacity,
- Filing an elder abuse civil lawsuit under the Elder Abuse and Dependent Adult Civil Protection Act,
- Petitioning for trust accounting or trustee removal when a trustee mishandles assets or refuses distributions,
- Requesting a temporary restraining order (TRO) to prevent further exploitation while the case is under review, and
- Seeking restitution and damages, including attorney’s fees, costs, and sometimes double damages.
These are powerful tools, but timing is critical. California imposes short deadlines, sometimes as little as 120 days after being notified to contest a will or trust. If you suspect wrongdoing, don’t wait to act.
How to Report Elder Financial Abuse in California
Taking the first step can be intimidating, but help is available. Here’s what you can do if you believe someone is experiencing abuse of older adults’ finances:
- Contact Adult Protective Services (APS). Each California county has an APS office. You can file a report anonymously.
- Call local law enforcement. California law identifies financial elder abuse as a crime with severe punishment, especially if fraud, theft, or forgery is suspected.
- Contact the California Department of Financial Protection and Innovation (DFPI). They investigate abuse involving financial institutions.
- Consult a trusted attorney. Preferably, one with experience in trust and estate disputes who can evaluate potential legal claims.
Early reporting can stop the abuse and begin the process of financial recovery. The longer abuse goes unaddressed, the harder it becomes to recover assets and restore justice.
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Frequently Asked Questions
Can You Contest a Trust in California Due to Elder Financial Abuse?
Yes. If you believe a trust was altered due to undue influence, fraud, or lack of capacity, you may be able to challenge it in probate court. The key is acting quickly, typically within 120 days of receiving formal notice of the trust change.
What Qualifies as Undue Influence in Estate Planning?
Undue influence involves excessive persuasion that overcomes a person’s free will. Courts look at factors like isolation, dependency, and the influencer’s authority or control over the elder.
Who Investigates Elder Financial Abuse in California?
Depending on the nature of the abuse, Adult Protective Services (APS), local police departments, and the DFPI may investigate. Civil lawsuits can also be filed to recover assets and remove bad actors.
Why Legal Support Matters in Protecting Your Legacy
The legal case is only part of the story. These disputes are emotionally charged and often rooted in deep family conflict. It’s common for clients to be grieving a parent and grappling with complex emotions like guilt, betrayal, or anger.
At Geremia & Cullen, PC, we approach every matter with equal care for the legal facts, the emotional weight, and the process. We have successfully handled complex elder financial abuse in California cases and estate disputes with compassion, diligence, and responsiveness. With nearly 40 combined 5-star reviews, multiple Rising Star recognitions, and a commitment to keeping our clients informed, we strive to help you move forward with confidence.
Financial abuse can undo a lifetime of planning and damage essential relationships beyond repair. If you suspect someone you care about is being manipulated or if you’ve been unfairly cut out of an estate, we’re here to help you understand your rights and options.
Speak with Geremia & Cullen, PC, today and start restoring what’s right. Schedule a confidential consultation today.
Resources:
- Elder Abuse and Dependent Adult Civil Protection Act, Chapter 11, link.
- Penal Damages, Cal. Civ. Code § 3345 (2023) link.
- National Adult Protective Services Association, Learning About Financial Exploitation, link.
- California Department of Financial Protection & Innovation, Financial Elder Abuse, link.
- California Advocates for Nursing Home Reform, Elder Financial Abuse (December 2024), link.
- California Department of Consumer Affairs, Elder Financial Abuse, link.
