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As society ages in greater numbers, we have seen a dramatic increase in the frequency of elder financial abuse. Many times, elders are in failing health and are too weak to defend against undue influence by caretakers, people in positions of trust, friends and unfortunately, even family members. Elder financial abuse can take the form of misappropriating bank funds, raiding stock and bond accounts, wrongfully obtaining deeds to real property, pressure to modify wills and trusts and other financial manipulation of the elder. Often, elder financial abuse is coupled with physical and/or emotional abuse, including preventing contact between the elder and their loved ones, depriving the elder of proper medical care and other necessities of life, threats of physical harm and actual physical harm.
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The good news is that in addition to criminal penalties for elder abuse, California law provides strong civil remedies, including disinheritance of the perpetrator and awards of treble damages, punitive damages, attorney's fees and costs. However, it is crucial that the elder and/or their representative take early action before the assets are depleted. By filing suit, the Muley Law Firm can subpoena the records of the banks and financial institutions of the victim and the abuser to trace the path of the money. Sometimes, it is a financial institution that permitted the abuse to occur, so that potential liability would be evaluated as well. We would record "Notice of Pending Action" against real property taken from the elder, which gives notice to the world that there is litigation relating to that property, to minimize the likelihood that the property would be further conveyed or encumbered. If needed or appropriate, we would commence probate proceedings, obtain a conservator and/or apply for a temporary restraining order. If you believe that you or a loved one has been a victim of elder financial abuse, call us now for a free initial consultation.
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