The statute of limitations for financial abuse is generally four years from the date the victim or their representative discovered the facts of the abuse. However, acting quickly is vital to prevent the abuser from hiding or spending the assets.
This is a common tactic used to justify undue influence. Predators often use the fear of nursing home costs to steer seniors into complex investments that benefit the advisor more than the client. A Hayward financial exploitation attorney can investigate whether these...
Yes. Insurance agents and financial advisors have a duty to ensure that the products they sell are suitable for the client’s age, financial status, and health. If a Hayward professional sells a high-fee annuity to an elderly person who needs immediate access to their...
Yes. The police and District Attorney handle the criminal side (jail time), but they do not always prioritize the return of the money to the victim. A financial exploitation lawyer handles the civil side to ensure your family's assets are returned.
We use a combination of financial records, testimony from neighbors and friends, and expert medical evaluations. We look for a pattern of behavior that shows the Hayward abuser took advantage of the senior’s trust or isolation.
Unfortunately, a large percentage of financial exploitation cases involve family members. We frequently handle cases where one child has exploited a parent to the detriment of their siblings and the parent’s own care needs.
In a civil case, the abuser can be ordered to return the property plus pay damages for the loss of use. Additionally, the California Elder Abuse Act allows for the recovery of attorney's fees, meaning the abuser has to pay for your legal fees.
No. While financial exploitation often involves victims with cognitive decline, even a mentally sharp elder can be a victim of undue influence through manipulation, threats, or fraud. Vulnerability is not strictly defined by a medical diagnosis.
While it can be difficult if the money has already been spent, we use legal tools like "prejudgment attachments" to freeze an abuser's own assets. In many cases, we can recover funds from the perpetrator or hold third parties, like negligent banks, responsible for...
Under California law, financial exploitation occurs when a person or entity takes, secretes, or appropriates the property of an elder for a wrongful use or with the intent to defraud. This applies to both physical property and intangible assets like bank accounts and...
