Elder Financial Abuse Demand Letters

Comprehensive guide to recovering assets stolen from seniors through exploitation, undue influence, and fraud in California.

Elder financial abuse is one of the most devastating crimes in America, costing seniors billions of dollars annually. In California, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides powerful remedies - including attorney's fees and potential double damages - making it possible to pursue even complex cases against perpetrators.

Ongoing abuse? If the elder is currently being exploited and assets are at risk, time is critical. Consider emergency protective measures: contact Adult Protective Services (1-833-401-0832), consult an attorney about emergency conservatorship, and report to police. A demand letter is appropriate after immediate threats are addressed.

What Is Elder Financial Abuse?

Under California Welfare & Institutions Code § 15610.30, elder financial abuse occurs when a person or entity:

A person is also deemed to have taken property if they take it by promising goods, services, or other benefits that aren't provided.

Common Perpetrators

Family Members

Tragically, most elder financial abuse is committed by family:

Caregivers

Professionals

Strangers

Why Send a Demand Letter?

Purpose Why It Matters
Recovery without litigation Many abusers - especially family members - will return assets when faced with formal legal consequences
Preserve claims Documents the abuse and puts perpetrator on notice, preserving evidence for litigation if needed
Criminal pressure References to criminal liability (Penal Code § 368) can motivate quick resolution
Asset freeze Demand can include warning not to dissipate assets, supporting later court action
Attorney's fees Under EADACPA, demonstrating abuse triggers fee recovery - letter documents the claim

Who Can Bring Claims?

While Elder Is Alive

After Elder's Death

Claims survive death: Under Welfare & Institutions Code § 15657.3, financial abuse claims survive the elder's death and pass to the estate or successors. The abuser doesn't escape liability just because the victim dies.

California Legal Framework

Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)

Welfare & Institutions Code §§ 15600-15675 provides the primary framework for elder financial abuse claims:

Definition of Financial Abuse (§ 15610.30)

Financial abuse occurs when someone:

  1. Takes, secretes, appropriates, obtains, or retains an elder's property for wrongful use or with intent to defraud
  2. Assists in doing so
  3. Takes property by undue influence

"Wrongful use" means using property in a way the elder didn't actually consent to, or consent obtained through fraud, undue influence, or duress.

Enhanced Remedies (§ 15657.5)

If financial abuse is proven by clear and convincing evidence, the plaintiff can recover:

Additionally, under § 15657, if the abuse was committed with "recklessness, oppression, fraud, or malice," the plaintiff may also recover:

Double Damages Under Probate Code § 859

When property is taken by elder abuse, Probate Code § 859 allows recovery of double the value of the property if the taking was done in "bad faith."

This provision applies in proceedings to determine title or right to property, and is commonly used alongside EADACPA claims.

Criminal Liability

Elder financial abuse is also a crime under Penal Code § 368:

While your demand letter shouldn't threaten criminal prosecution (which would be improper), noting that conduct "may constitute criminal elder abuse" is appropriate context.

Undue Influence

Welfare & Institutions Code § 15610.70 defines undue influence as:

"Excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity."

Factors courts consider:

Statute of Limitations

Claim Type Time Limit
Elder abuse (EADACPA) 4 years from discovery of abuse (W&I § 15657.7)
Fraud 3 years from discovery
Conversion 3 years
Breach of fiduciary duty 4 years (or 3 years if fraud-based)

The discovery rule can extend these deadlines if the abuse was concealed.

Delayed discovery: Financial abuse is often hidden from victims and families. The statute of limitations typically runs from when you discovered (or reasonably should have discovered) the abuse - not when it occurred. Document when you first learned of the abuse.

Types of Elder Financial Abuse

Power of Attorney Abuse

Powers of attorney are frequently abused by agents who use them for self-benefit rather than the principal's benefit.

Common patterns:

Key legal point: An agent under POA owes fiduciary duties to the principal. Any transaction benefiting the agent is presumptively improper and requires clear proof the principal intended the benefit.

Undue Influence Over Estate Documents

Abusers pressure vulnerable elders to change wills, trusts, or beneficiary designations.

Red flags:

Caregiver Exploitation

Paid or unpaid caregivers exploit their access and the elder's dependency.

Common tactics:

Investment Fraud and Unsuitable Products

Financial professionals take advantage of elder clients.

Examples:

Real Estate Fraud

Scams Targeting Elders

The Family Dynamics Problem

Many financial abuse cases involve family members, creating unique challenges:

Common Family Abuse Patterns

Why Family Abuse Goes Unreported

Addressing Family Abuse

Family financial abuse often requires:

Evidence Gathering

Financial abuse cases require documentary evidence. Start gathering before sending a demand letter.

Financial Records

☐ Bank statements (all accounts - check, savings, CD, money market)

☐ Brokerage/investment account statements

☐ Credit card statements

☐ Cancelled checks (front and back)

☐ Wire transfer records

☐ Property records (deeds, title documents)

☐ Tax returns

☐ Insurance policies and beneficiary designations

☐ Retirement account statements

Legal Documents

☐ Power of attorney documents (all versions)

☐ Wills (current and prior versions)

☐ Trust documents (current and prior versions)

☐ Deed transfers

☐ Beneficiary designation forms

☐ Contracts signed by elder

☐ Any conservatorship or guardianship papers

Medical Records

☐ Medical records showing cognitive state at time of transactions

☐ Capacity evaluations

☐ Medication lists (some affect capacity)

☐ Diagnoses of dementia, Alzheimer's, or other cognitive conditions

☐ Hospital records from relevant periods

Communication Evidence

☐ Emails between elder and abuser

☐ Text messages

☐ Letters

☐ Voicemails (transcribed)

☐ Written demands or promises by abuser

Witness Information

☐ Family members who observed changes

☐ Neighbors who noticed unusual visitors or activity

☐ Financial advisors who noticed irregularities

☐ Healthcare providers who observed the elder's state

☐ Attorney who prepared estate documents

Calculating Damages

Direct Financial Losses

Consequential Damages

Non-Economic Damages

Enhanced Damages

Strategic Considerations

Preservation of Evidence

Your demand letter should include a preservation demand requiring the abuser to retain:

Asset Protection

If assets are still at risk:

Criminal Referral

You cannot threaten criminal prosecution to extract civil settlement. However:

When to Involve Adult Protective Services

Demand Letter Templates

Template 1: Power of Attorney Abuse

Use when: Agent under POA has misappropriated the principal's assets.

Re: Demand for Return of Assets - Financial Abuse of [Elder Name] Dear [Agent Name]: I represent [Client Name], [relationship - e.g., "conservator of" or "successor in interest to"] [Elder Name]. This letter demands the return of assets you wrongfully took while acting as [Elder Name]'s agent under power of attorney. FACTUAL BACKGROUND On or about [date], [Elder Name] executed a power of attorney naming you as [his/her] agent. This document authorized you to act on [his/her] behalf for [his/her] benefit. Instead of using this authority for [Elder Name]'s benefit, you used it to enrich yourself. Our investigation has revealed the following improper transactions: [List specific transactions with dates and amounts:] 1. [Date]: Transfer of $[amount] from [Elder Name]'s account at [Bank] to your personal account 2. [Date]: Sale of [Elder Name]'s property at [address] for $[amount], with proceeds deposited to your account 3. [Date]: Change of beneficiary designation on [Elder Name]'s [account/policy] naming you as beneficiary 4. [Dates]: Multiple ATM withdrawals totaling $[amount] from [Elder Name]'s account 5. [Other transactions] Total identified improper transactions: $[amount] LEGAL VIOLATIONS Your conduct constitutes: 1. ELDER FINANCIAL ABUSE under Welfare & Institutions Code § 15610.30 - taking an elder's property for wrongful use 2. BREACH OF FIDUCIARY DUTY - an agent under POA owes the highest duty of loyalty and may not engage in self-dealing 3. CONVERSION - wrongful taking of another's property 4. FRAUD - if you induced [Elder Name] to sign documents through misrepresentation Your conduct may also constitute CRIMINAL ELDER ABUSE under Penal Code § 368, punishable by imprisonment. ENHANCED DAMAGES AVAILABLE Under California law, [Client Name] may recover: • Return of all property taken, or its value • Double the value of property taken in bad faith (Probate Code § 859) • Attorney's fees and costs (Welfare & Institutions Code § 15657.5) • Punitive damages for malicious, oppressive, or fraudulent conduct • Damages for emotional distress DEMAND Demand is hereby made for: 1. Immediate return of $[total amount] representing the value of all property wrongfully taken 2. Return of all property still in your possession belonging to [Elder Name] 3. An accounting of all transactions you conducted on [Elder Name]'s behalf 4. Identification of all assets you currently hold that were obtained from [Elder Name] DEADLINE Respond to this demand within 21 days with: (a) Payment of $[amount]; OR (b) A detailed written response addressing each transaction PRESERVATION You are directed to preserve all documents and assets relating to [Elder Name], including financial records, communications, and any property obtained from [him/her]. Destruction or concealment of evidence will support sanctions and adverse inferences in litigation. If we do not receive a satisfactory response, we will file suit seeking all available remedies, report the matter to Adult Protective Services, and consider referral for criminal investigation. [Attorney Name] [Contact Information]

Template 2: Undue Influence Over Estate Documents

Use when: Someone influenced elder to change will, trust, or beneficiary designations.

Re: Undue Influence and Elder Financial Abuse Estate of [Decedent Name] / [Trust Name] Dear [Influencer Name]: I represent [Client Name], [relationship] of [Decedent/Elder Name]. This letter demands that you disgorge benefits you obtained through undue influence over [Decedent/Elder Name]. THE DOCUMENTS AT ISSUE On or about [date], [Decedent/Elder Name] executed [describe documents - will/trust amendment/beneficiary designation/deed] naming you as [describe benefit - beneficiary/owner/etc.]. These documents replaced prior documents dated [date] that [describe prior disposition - e.g., "divided the estate equally among [Decedent's] children" or "left the property to [other beneficiary]"]. EVIDENCE OF UNDUE INFLUENCE The changes to [Decedent/Elder Name]'s estate plan were the product of your undue influence, as demonstrated by: VULNERABILITY OF [ELDER NAME]: • [Age] years old at time of documents • [Describe health conditions affecting cognition] • [Describe isolation, dependency, or other vulnerabilities] YOUR POSITION OF INFLUENCE: • [Your relationship and role - caregiver, advisor, confidant] • [Control over access to elder] • [Control over financial information] YOUR IMPROPER ACTIONS: • [Describe actions - isolating elder from family, involvement in document preparation, secrecy, timing during vulnerability] INEQUITY OF RESULT: • [Describe how outcome differs from prior plan or elder's known wishes] • [Describe disproportion between benefit to you and your relationship with elder] LEGAL CLAIMS Your conduct constitutes: 1. ELDER FINANCIAL ABUSE (Welf. & Inst. Code § 15610.30) - taking property through undue influence 2. UNDUE INFLUENCE (Welf. & Inst. Code § 15610.70) - excessive persuasion overcoming free will 3. CONSTRUCTIVE FRAUD - breach of fiduciary or confidential relationship Under these statutes, we may recover the full value of property obtained, plus attorney's fees, plus double damages for bad faith taking. DEMAND Demand is hereby made that you: 1. Renounce all benefits under the [will/trust/documents] obtained through undue influence 2. Return $[amount], representing the value of benefits you have already received 3. Execute documents necessary to restore [Decedent/Elder Name]'s estate to its prior disposition DEADLINE Respond within 30 days. If you fail to renounce the improperly obtained benefits, we will file suit to set aside the documents as products of undue influence and to recover damages for elder financial abuse. We will also petition the court to impose a constructive trust on any property you have received or will receive from [Decedent/Elder Name]'s estate. [Attorney Name]

Template 3: Caregiver Theft

Use when: Paid or unpaid caregiver has stolen from elder.

Re: Demand for Return of Stolen Property - Elder Financial Abuse [Elder Name] Dear [Caregiver Name]: I represent [Client Name], [relationship] of [Elder Name]. This letter demands return of property you stole from [Elder Name] while serving as [his/her] caregiver. YOUR POSITION OF TRUST You were employed/engaged as a caregiver for [Elder Name] from approximately [start date] to [end date]. In this role, you had access to [his/her] home, personal belongings, and financial information. [Elder Name] trusted you and depended on you for [his/her] care. THE THEFT Instead of honoring that trust, you stole from [Elder Name]. Specifically: [List items with dates and values:] CASH: • [Date range]: Cash withdrawals totaling $[amount] • [Date]: $[amount] in cash taken from [location] VALUABLES: • [Description and value of jewelry, electronics, etc.] FINANCIAL EXPLOITATION: • [Unauthorized credit card charges] • [Checks written to yourself] • [Other financial abuse] TOTAL VALUE OF STOLEN PROPERTY: $[amount] LEGAL CONSEQUENCES Your theft from a vulnerable elder constitutes: 1. ELDER FINANCIAL ABUSE (Welf. & Inst. Code § 15610.30) - taking an elder's property for wrongful use 2. THEFT (Penal Code § 484) - criminal taking of another's property 3. ELDER ABUSE (Penal Code § 368) - theft from an elder, punishable by up to 4 years in state prison 4. CONVERSION - civil liability for taking another's property DEMAND You must pay $[amount] within 14 days. This amount represents: • Value of stolen property: $[amount] • Interest: $[amount] If full payment is not received, [Client Name] will: 1. File a civil lawsuit seeking return of stolen property, attorney's fees, and double damages under Probate Code § 859 2. Report the theft to the [City] Police Department for criminal investigation 3. Report you to Adult Protective Services 4. If you are licensed (CNA, HHA, etc.), file a complaint with the licensing board Payment of civil damages does not preclude criminal prosecution. However, prompt return of stolen property will be considered in [Client Name]'s decisions regarding further action. [Attorney Name]

Template 4: Investment Fraud / Financial Advisor Misconduct

Use when: Financial professional has exploited elder client.

Re: Demand for Damages - Elder Financial Abuse and Securities Violations Account of [Elder Name] Dear [Advisor Name / Firm Name]: I represent [Client Name], [relationship/successor] of [Elder Name], regarding financial abuse and securities violations in connection with [Elder Name]'s investment account. CLIENT PROFILE [Elder Name] was [age] years old when [he/she] opened an account with you/your firm. [His/Her] investment profile indicated: • Investment objective: [Conservative income/capital preservation] • Risk tolerance: [Low] • Time horizon: [Short - needed funds for living expenses] • Investment experience: [Limited/none] THE MISCONDUCT Despite this conservative profile, you engaged in conduct that caused substantial losses: [Describe specific misconduct:] 1. UNSUITABLE RECOMMENDATIONS: You recommended [describe products - e.g., "high-risk limited partnerships" or "variable annuities with 10-year surrender periods" or "concentrated positions in speculative stocks"] that were wholly unsuitable for a [age]-year-old client with [his/her] profile. 2. CHURNING: You engaged in excessive trading, generating approximately $[amount] in commissions while producing net losses of $[amount]. The turnover ratio of [X] demonstrates trading for commission rather than client benefit. 3. UNAUTHORIZED TRADING: Trades were made without [Elder Name]'s knowledge or authorization. 4. FAILURE TO SUPERVISE: [If against firm:] [Firm Name] failed to supervise [Advisor Name]'s handling of [Elder Name]'s account despite red flags. TOTAL LOSSES: $[amount] LEGAL VIOLATIONS This conduct violates: 1. Elder Abuse (Welf. & Inst. Code § 15610.30) - taking property through fraud or undue influence 2. FINRA Rules 2010 (just and equitable principles), 2111 (suitability), 2020 (manipulation) 3. Securities Exchange Act § 10(b) and Rule 10b-5 - securities fraud 4. California Corporations Code § 25401 - fraud in securities transactions 5. Breach of fiduciary duty DEMAND Demand is hereby made for: • Return of all losses: $[amount] • Disgorgement of commissions: $[amount] • Attorney's fees under EADACPA • Punitive damages Total demand: $[amount] RESPONSE Respond within 30 days. If we cannot resolve this matter, we will: • File FINRA arbitration • Report misconduct to FINRA, SEC, and California Department of Financial Protection and Innovation • Pursue civil litigation [Attorney Name]

Template 5: Deed Theft / Real Property Fraud

Use when: Someone has fraudulently transferred elder's real property.

Re: Fraudulent Transfer of Real Property - [Property Address] Demand for Reconveyance Dear [Recipient of Transfer]: I represent [Client Name], [relationship/successor] of [Elder Name], the rightful owner of real property located at [address]. THE PROPERTY [Elder Name] owned the property at [full address], APN [number], free and clear. [He/She] had lived there for [X] years and intended to remain there [for life/until death]. THE FRAUDULENT TRANSFER On or about [date], a deed was recorded purporting to transfer the property from [Elder Name] to you. This transfer was fraudulent and void because: [Select applicable grounds:] • [Elder Name] lacked capacity to execute the deed due to [dementia/Alzheimer's/cognitive impairment] as documented by medical records from [dates] • [Elder Name]'s signature on the deed was forged • The deed was obtained through undue influence when [Elder Name] was [isolated/dependent/vulnerable] • The deed was obtained through fraud - [Elder Name] was told [he/she] was signing [describe what elder was told] • No consideration was paid for the transfer • [Elder Name] was unaware the deed was executed LEGAL CLAIMS The fraudulent transfer constitutes: 1. ELDER FINANCIAL ABUSE (Welf. & Inst. Code § 15610.30) - taking real property through fraud, undue influence, or wrongful use 2. FRAUD - intentional misrepresentation or concealment inducing transfer 3. FORGERY (if applicable) - criminal and civil liability 4. QUIET TITLE - right to have fraudulent deed set aside DEMAND Demand is hereby made that you: 1. Execute and record a deed reconveying the property to [Elder Name / Elder Name's estate] 2. Vacate the property immediately [if occupying] 3. Account for any rents, profits, or benefits received from the property 4. Pay damages for loss of use during period of wrongful holding DEADLINE You have 21 days to execute and deliver a reconveyance deed to this office. If you fail to do so, we will: • File suit to quiet title and set aside the fraudulent deed • Record a lis pendens clouding your claimed title • Seek damages under EADACPA including attorney's fees and double damages • Report the matter to the District Attorney for criminal investigation (Penal Code § 368, forgery, grand theft) The property belongs to [Elder Name]. Return it. [Attorney Name]

Has Your Loved One Been Financially Exploited?

I help families recover assets stolen from elders through fraud, undue influence, and abuse. Here's what I can do for you:

  • Investigate suspicious transactions and asset transfers
  • Draft and send formal demand letters
  • Pursue claims under California's Elder Abuse Act
  • Seek double damages for bad faith taking
  • Recover attorney's fees from abusers
  • Set aside wills, trusts, and deeds obtained through undue influence
  • Coordinate with Adult Protective Services and law enforcement
  • Handle emergency conservatorship if needed
Typical costs:
• Case evaluation and investigation: ~$450-900
• Demand letter: ~$450
• Elder abuse litigation: ~$240/hour (attorney's fees recoverable if successful)
• Some cases may be handled on contingency

Schedule a Consultation

Book a paid consultation to discuss your situation.

Email: owner@terms.law