Use this template language for your financial elder abuse demand letter:
[Your Name or Attorney Name]
[Address]
[City, State ZIP]
[Date]
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[Defendant Name]
[Address]
[City, State ZIP]
Re: Demand for Return of Property - Financial Elder Abuse
Victim: [Elder's Name]
Relationship: [Defendant's relationship to elder]
Approximate Value: $[Amount]
Dear [Defendant]:
NOTICE OF ELDER ABUSE CLAIM UNDER WELFARE & INSTITUTIONS CODE 15657.5
This letter constitutes formal demand for the immediate return of all property wrongfully taken from [Elder's Name], an elder over the age of 65, in violation of California Welfare & Institutions Code Sections 15610.30 and 15657.5.
FACTS
[Elder's Name] is [age] years old and [describe vulnerability - e.g., "suffers from dementia," "is dependent on others for care," "has limited mobility"]. [Defendant] held a position of trust as [relationship - e.g., "caregiver," "holder of power of attorney," "family member"].
Between [dates], [Defendant] engaged in the following acts of financial abuse:
1. [Describe specific conduct - e.g., "Withdrew $50,000 from Elder's bank account for personal use"]
2. [e.g., "Transferred title to Elder's vehicle into Defendant's name"]
3. [e.g., "Used Elder's credit cards to make $25,000 in unauthorized purchases"]
4. [e.g., "Forged Elder's signature on checks totaling $15,000"]
5. [Other specific acts]
VIOLATIONS OF LAW
Your conduct constitutes financial abuse under Welfare & Institutions Code 15610.30, which includes:
- Taking, secreting, or appropriating property of an elder for wrongful use
- Taking property through undue influence (Civil Code 1575)
- Assisting in taking property through fraud, duress, or menace
DAMAGES
As a result of your financial abuse, [Elder's Name] has suffered:
- Direct financial losses: $[Amount]
- Lost interest/investment returns: $[Amount]
- Emotional distress and pain: $[Amount]
- TOTAL ACTUAL DAMAGES: $[Amount]
Under Welfare & Institutions Code 15657.5, because your conduct was [reckless/oppressive/fraudulent/malicious], [Elder's Name] is entitled to:
- Up to DOUBLE the actual damages: $[Amount x 2]
- Reasonable attorney's fees and costs
DEMAND
I demand that within twenty-one (21) days of this letter, you:
1. Return all wrongfully taken property, including:
- $[Amount] in cash/check made payable to [Elder's Name]
- [List specific property items]
- [Other assets]
2. Provide a complete accounting of all transactions involving [Elder's Name]'s accounts or property during [time period]
3. Execute any documents necessary to restore title to [Elder's Name]'s property
CONSEQUENCES OF FAILURE TO COMPLY
If you fail to comply with this demand, I will immediately:
1. File a civil lawsuit seeking:
- Return of all stolen property
- Double damages under W&I Code 15657.5
- Attorney's fees and costs
- Pain and suffering damages
2. Report this matter to:
- Adult Protective Services
- The District Attorney's Elder Abuse Unit
- The California Attorney General
3. Seek an asset freeze to prevent dissipation of assets
Financial elder abuse is a crime under Penal Code 368. Your conduct may result in criminal prosecution in addition to civil liability.
Respond in writing within 21 days. All communications should be directed to me.
Sincerely,
[Your Signature]
[Your Printed Name]
cc: [Elder's Name or Conservator]
[Your Name]
[Address]
[City, State ZIP]
[Date]
VIA CERTIFIED MAIL
[Accusing Party Name]
[Address]
Re: Response to Allegations of Elder Abuse
Alleged Victim: [Elder's Name]
Dear [Accusing Party]:
I am in receipt of your letter dated [Date] alleging that I engaged in financial abuse of [Elder's Name]. I categorically deny these allegations and provide this response to set the record straight.
DENIAL OF ALLEGATIONS
Your claims are false for the following reasons:
1. [State specific defense - e.g., "All funds were withdrawn with Elder's full knowledge and consent, as documented by co-signed withdrawal slips"]
2. [e.g., "Elder executed a valid power of attorney authorizing me to manage finances, and all transactions were for Elder's benefit"]
3. [e.g., "The transfers you reference were gifts that Elder freely chose to make, as witnessed by Attorney [Name]"]
4. [e.g., "I have complete documentation showing all funds were used for Elder's care, including receipts and invoices"]
SUPPORTING EVIDENCE
I have in my possession the following evidence that disproves your claims:
- [List evidence - e.g., "Power of Attorney dated [Date], properly executed and notarized"]
- [e.g., "Receipts showing all expenditures were for Elder's care"]
- [e.g., "Written authorization from Elder dated [Date]"]
- [e.g., "Witness statements from [Names] confirming Elder's intent"]
LEGAL POSITION
Your allegations appear to be motivated by [describe apparent motive - e.g., "a family dispute over Elder's estate," "desire to take control of Elder's finances"]. Be advised that:
1. False accusations of elder abuse can constitute defamation
2. Filing a false report with Adult Protective Services is a crime under Penal Code 368.5
3. Pursuing a civil claim in bad faith may result in sanctions and fee awards
DEMAND
I demand that you:
1. Cease making false accusations against me
2. Retract any reports filed with APS or law enforcement
3. Refrain from interfering with my lawful relationship with [Elder's Name]
If you persist in these baseless accusations, I will pursue all available legal remedies, including claims for defamation, malicious prosecution, and intentional infliction of emotional distress.
Sincerely,
[Your Signature]
[Your Printed Name]
[Attorney Name or Your Name]
[Address]
[Date]
VIA CERTIFIED MAIL
[POA Holder Name]
[Address]
Re: Demand for Accounting and Restoration - Power of Attorney Abuse
Principal: [Elder's Name]
POA Dated: [Date of Power of Attorney]
Dear [POA Holder]:
DEMAND FOR ACCOUNTING AND RETURN OF PROPERTY
You currently hold or previously held a Power of Attorney for [Elder's Name]. I have evidence that you have breached your fiduciary duties by misusing this authority for personal gain in violation of California Probate Code Sections 4230-4238 and Welfare & Institutions Code 15610.30.
FIDUCIARY DUTIES BREACHED
As an agent under a power of attorney, you owe the principal:
- Duty of loyalty: Act solely in the principal's interest
- Duty of care: Exercise reasonable care and prudence
- Duty to account: Maintain records and provide accounting
- Duty to avoid conflicts: Not use position for personal benefit
You have breached these duties by:
1. [Specific breach - e.g., "Transferring $75,000 from Principal's account to your personal account"]
2. [e.g., "Using Principal's funds to pay your personal debts"]
3. [e.g., "Adding yourself as joint owner to Principal's accounts"]
4. [e.g., "Failing to provide any accounting despite requests"]
DEMAND
Pursuant to Probate Code 4236 and Welfare & Institutions Code 15657.5, I demand:
1. ACCOUNTING: Within 14 days, provide a complete accounting of:
- All transactions made using the Power of Attorney
- Current status of all Principal's accounts and assets
- All property transferred to yourself or third parties
- All debts paid or incurred using Principal's funds
2. RESTORATION: Within 21 days, restore to Principal:
- $[Amount] improperly taken
- [List of property to be returned]
- Any documents or records in your possession
3. RESIGNATION: Immediately resign as agent and surrender all authority
CONSEQUENCES
Failure to comply will result in:
- Petition to court under Probate Code 4540 for accounting and removal
- Civil lawsuit for breach of fiduciary duty and elder abuse
- Referral to District Attorney for criminal prosecution
- Claim for double damages, attorney's fees, and costs under W&I 15657.5
Govern yourself accordingly.
Sincerely,
[Signature]
[Name]