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Understanding Financial Elder Abuse
Financial elder abuse occurs when someone wrongfully takes property rights from an individual aged 65 or older, causing harm. This can include: taking cash, real estate, or securities; manipulating contracts and agreements to exploit the elder; and, even the creation of new estate planning instruments. The abuser might use deceit or undue influence, whether or not they understand their actions are harmful or illegal.
Expertise and Personal Attention
At The Glowacki Firm, we combine the sophisticated technical skills of a large law firm with the personalized care and hands-on attention of a boutique estate planning firm. Conveniently located in Orange County, we offer superior technical skills and white-glove client service.
Civil Litigation for Financial Elder Abuse
Unlike criminal cases, which are handled by government prosecutors on behalf of “the people,” civil financial elder abuse cases are pursued by private attorneys on behalf of individuals. If an elder or their representative believes they have been exploited, they can file a complaint in civil or probate court. This typically seeks the return of property, monetary damages, and attorney’s fees.
Legal Protection and Penalties
The law treats elders and disabled adults as a protected class, recognizing their potential vulnerability. Stiff penalties for financial elder abuse include double damages, disinheritance of the abuser, and the payment of the elder's attorney fees by the abuser. New laws now also cover undue influence in changing wills or trusts.
Proven Success in Litigation
Our lawyers have successfully recovered substantial assets for clients in civil financial elder abuse cases and have also defended clients wrongly accused of abuse. We are adept at navigating these complex cases, ensuring our clients receive the best possible representation.
Alternatives to Litigation
Sometimes, litigation may not be the best solution, especially when family members are involved. We often recommend measures such as the following options.
- Separating the Abuser: Removing the abuser from financial control.
- Canceling Powers of Attorney: Revoking the authority of the abuser.
- Changing Trustees: Appointing a new trustee for the elder’s trust.
- Using Professionals: Employing outside bookkeepers or accountants.
- Conservatorship: Establishing legal protection for the elder’s finances.
Quick Action Against Abusers
If immediate action is needed, our attorneys can obtain urgent restraining orders to prevent the abuser from accessing funds or selling property. In cases where the money is already spent, we might recommend adjusting the elder's estate plan to offset the loss against the abuser’s inheritance.
Fair Representation
We ensure fair representation for all our clients, whether prosecuting or defending against financial elder abuse claims. Our firm is committed to protecting elders and providing peace of mind through expert legal support.
For more information or to schedule a consultation, contact us. We are here to help you navigate the complexities of financial elder abuse with the highest level of expertise and care.
Key Takeaway: Contact us today for expert guidance on navigating financial elder abuse cases. We offer the highest level of expertise and compassionate care to protect your rights and achieve a fair, just outcome.
