What Is Financial Elder Abuse?
Financial elder abuse is one of the fastest-growing forms of exploitation in California, targeting seniors who are often isolated, cognitively declining, or dependent on others for daily care. Under California Welfare and Institutions Code Section 15610.30, financial abuse of an elder or dependent adult occurs when any person or entity takes, secretes, appropriates, obtains, or retains the real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or when such taking is accomplished by undue influence. California law defines an elder as any person aged 65 or older, and these protections apply with equal force whether the abuser is a stranger, a caregiver, a financial advisor, or a family member.
The Legislature enacted the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Sections 15600–15675) specifically because conventional tort remedies were insufficient to deter this conduct. A successful elder abuse claim carries enhanced remedies that go well beyond what is available in a standard civil action—making it a powerful tool for victims and their families seeking both justice and full financial recovery.
Types of Financial Elder Abuse
Financial exploitation of seniors takes many forms, and an experienced financial elder abuse attorney in Los Angeles must be prepared to identify and prosecute each one. The most common types include:
- Theft and misappropriation — outright taking of an elder's money, real property, or personal belongings, often by caregivers, family members, or individuals who have gained the elder's trust.
- Fraud and deception — inducing an elder to sign documents, transfer assets, or make financial decisions through false representations, concealment of material facts, or deliberate misrepresentation of the nature of a transaction.
- Undue influence — using excessive persuasion to overcome an elder's free will, resulting in asset transfers, trust amendments, or changes to estate plans that serve the influencer's interests rather than the elder's. California Probate Code Section 86 defines undue influence by examining the vulnerability of the victim, the influencer's apparent authority, and the equity of the resulting transaction.
- Misuse of power of attorney — an agent under a financial power of attorney who uses their authority to benefit themselves, make unauthorized gifts, or redirect the elder's assets in violation of their fiduciary duties under Probate Code Sections 4230–4238.
Who Can Bring an Elder Abuse Claim
Under the Elder Abuse Act, claims may be brought by the elder or dependent adult personally, by a person acting on their behalf (including a conservator or guardian ad litem), or—if the elder has passed away—by the personal representative or successor in interest of the decedent's estate. This means that families who discover financial exploitation after a loved one's death are not without recourse. An elder abuse lawyer in California can pursue claims on behalf of the estate, recovering assets that were wrongfully diverted during the elder's lifetime.
Remedies and Damages
What distinguishes a financial elder abuse claim from an ordinary civil lawsuit is the range of enhanced remedies available under Welfare and Institutions Code Section 15657.5. A prevailing plaintiff may recover compensatory damages for the full value of the property taken or lost, reasonable attorney's fees and costs, and—where the defendant acted with recklessness, oppression, fraud, or malice—punitive damages. In cases involving the death of the elder, the statute also permits recovery of pain and suffering damages that would otherwise be barred by California's survival statute. These enhanced remedies serve both to make victims whole and to punish and deter those who prey on vulnerable adults.
How Adlon Law Pursues These Claims
Attorney Ora Zarnegar takes an aggressive, litigation-forward approach to every financial elder abuse case. She understands that time is critical—assets can be dissipated, evidence destroyed, and abusers can flee the jurisdiction if a case is not pursued swiftly. From the outset, Adlon Law works to identify and freeze misappropriated assets through emergency court orders, conducts thorough forensic analysis of financial records and account activity, and builds a comprehensive evidentiary record that supports both the statutory elder abuse claims and any related causes of action for breach of fiduciary duty, fraud, conversion, or unjust enrichment.
Ora represents clients in the Los Angeles County Superior Court and works closely with forensic accountants and investigators to trace assets and uncover hidden transfers. Whether your case involves a caregiver who emptied a parent's bank account, a sibling who exploited a power of attorney, or a third party who used deception to obtain title to real property, Adlon Law has the experience and determination to hold the abuser accountable and pursue every available remedy under California law.
Adlon Law serves families and individuals throughout the greater Los Angeles area, including Beverly Hills, Encino, Woodland Hills, Brentwood, Pacific Palisades, West Los Angeles, and Santa Monica. If you suspect that an elder or dependent adult has been the victim of financial abuse, contact Ora Zarnegar at (818) 815-8853 or email ora@adlonlaw.com to schedule a confidential consultation.