Financial Elder Abuse

Financial abuse of an elder or dependant adult occurs when a person or entity does any of the following:

   
Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependant adult for a wrongful use or with intent to defraud, or both;
   
Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependant adult for a wrongful use or with intent to defraud, or both: or
   
Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependant adult by undue influence.
   

 

A person or entity is deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that the conduct is likely to be harmful to the elder or dependant adult.

 

A person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependant adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependant adult.

 

The following definitions apply to elder abuse:

 

Abandonment means the desertion or willful forsaking of an elder or a dependant adult by anyone having care or custody of that person under circumstances in which a responsible person would continue to provide care and custody.

 

Abduction means the removal from California of the restraint from returning to California, of any elder or dependant adult who does not have the capacity to consent to the removal from California.

 

Abuse of an Elder or a dependant adult means either of the following:

   
Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or
   
The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

 

Adult protective services means those preventive and remedial activities performed on behalf of elders and dependant adults who are unable to protect their own interests.

 

Adult protective services agency means a county welfare department.

 

Bureau means the Bureau of Medi-Cal Fraud within the county office of the Attorney General.

 

Imminent danger means a substantial probability that an elder or dependant adult is in imminent or immediate risk of death or serious physical harm, through either his or her own action or inaction, or as a result of action or inaction of another person.

 

Investigation means that activity undertaken to determine the validity of a report of elder or dependant adult abuse.

 

Isolation means any of the following:

   
Acts intentionally committed for the purpose of preventing, and that serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls;
   
Telling a caller or prospective visitor that an elder or dependant adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependant adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependant adult from having contact with family, friends, or concerned persons;
False imprisonment, as defined in the California Penal Code; or
   
Physical restraint of an elder or a dependant adult, for the purpose of preventing the elder or dependant adult from meeting with visitors.

 

Local law enforcement agency means a city police or county sheriff’s department, or a county probation department.

 

Mental suffering means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependant adult.

 

Neglect means either of the following:

   
The negligent failure of any person having the care or custody of an elder or a dependant adult to exercise that degree of care that a reasonable person in a like position would exercise; or
   
The negligent failure of an elder or dependant adult to exercise that degree of self care that a reasonable person in a like position would exercise, or

 

Neglect includes, but is not limited to, the following:

   
Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter;
   
Failure to provide medical care for physical and mental health needs. No person shall deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment;
Failure to protect from health and safety hazards; or
   
Failure to prevent malnutrition or dehydration.

 

Patients rights advocate means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that laws, regulations, and policies on the rights of the patient are observed.

 

Physical abuse means any of the following:

   
Assault;
   
Battery:
   
Unreasonable physical constraint, or prolonged or continual deprivation of food or water; or
   
Sexual assault

 

Reasonable suspicion means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse.

 

Representative means a person or entity that is either of the following:

   
A conservator, trustee, or other representative of the estate of an elder or dependant adult; or
   
An attorney-in-fact of an elder or dependant adult who acts within the authority of the power of attorney.

 



 

 

 

 

 

 

Areas Served:

Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County

 

If you searched for any of the following terms, you have found the right website:

65, Abandonment of Elder Abuse, Abuse of Elder, Adult Protective Services, Adult, Conejo Valley, Conservator, Crescenta Valley, Dependant Adult, Dependent Elder, Elder Abuse Attorneys, Elder Abuse Lawyers, Elder Neglect, Elder Rights Advocate, Failure, Financial Elder Abuse, Isolation of Elder, Neglect of Elder, Physical Abuse of Elder, Pomona Valley, San Fernando Valley, San Gabriel Valley, Sixty-five, South Bay, Undue Influence

 

 

 

 

All contents ©2016 MTCLaw.com. All rights reserved.