Do I need a lawyer for elder abuse in California?

Yes, in most cases involving significant harm or financial loss. California's Elder Abuse Act provides enhanced remedies including attorney fees and potential punitive damages. An attorney can help recover stolen assets, hold abusers accountable, and protect the elder from further harm.

What is considered elder abuse in California?

California defines elder abuse as physical abuse, neglect, financial exploitation, abandonment, isolation, abduction, or treatment causing pain or mental suffering to anyone 65 or older. This includes abuse by family members, caregivers, financial advisors, and others in positions of trust.

Can I sue for elder financial abuse in California?

Yes. Under California's Elder Abuse and Dependent Adult Civil Protection Act, you can sue to recover stolen assets, obtain damages, and even recover attorney fees if the abuse was committed with recklessness, oppression, fraud, or malice.

Do I Need an Elder Abuse Lawyer?

Answer 6 quick questions to get a personalized recommendation

What type of elder abuse occurred?

Financial exploitation - stolen money, assets, or property

Physical abuse - hitting, restraining, or causing physical harm

Neglect by caregiver - failure to provide food, medication, hygiene

Emotional/psychological abuse - threats, isolation, manipulation

Scam or fraud targeting the elder

Who committed the abuse?

Family member in a position of trust

Paid caregiver or home health aide

Financial advisor, attorney, or professional fiduciary

Unknown scammer or fraud scheme

Other person with access to the elder

What was the extent of financial loss or harm?

Over $100,000 in assets, property, or money

$25,000 - $100,000

$10,000 - $25,000

Under $10,000

Serious physical injury or death

Is the abuse ongoing or was it a past incident?

Ongoing - elder is still in danger or assets still being depleted

Recent - stopped within the last few months

Past - happened more than a year ago

Elder has passed away due to abuse/neglect

What evidence do you have of the abuse?

Strong evidence - financial records, photos, witnesses, documents

Some evidence - bank statements or partial documentation

Suspicious activity but limited concrete proof

Confession or admission from the abuser

Does the abuser have assets that could be recovered?

Yes - they have property, income, or insurance

Possibly - they may have some assets

No - they're likely judgment-proof

Company or institution may also be liable (employer, bank, etc.)

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You Should Hire an Elder Abuse Attorney

Your case involves significant harm that warrants legal action. California's Elder Abuse Act provides enhanced remedies including attorney fees. An attorney can freeze assets, recover stolen property, and hold abusers accountable.

Find an Elder Abuse Attorney Report to Adult Protective Services

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Start With Reporting Agencies

Based on the circumstances, you should report to Adult Protective Services and potentially law enforcement. For smaller financial losses, consider small claims court. An attorney may not be cost-effective for smaller cases.

Report to Adult Protective Services CA Attorney General - Elder Abuse

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Consider a Consultation

Your case has elements that may support a claim. Many elder abuse attorneys work on contingency. They can evaluate whether the case is worth pursuing and what recovery options exist.

Find an Attorney Report to APS

When to Hire an Elder Abuse Lawyer in California

🚨 If the Elder Is in Immediate Danger

Call 911 for immediate safety. Then contact Adult Protective Services at 1-833-401-0832. Do not wait to consult an attorney if someone's life or safety is at risk.

California has among the strongest elder abuse laws in the nation. The Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code 15600-15675) provides powerful civil remedies to hold abusers accountable and recover damages.

Types of Elder Abuse Recognized in California

Type	Examples
Physical Abuse	Hitting, pushing, restraining, over-medication, denial of food/water
Financial Exploitation	Stealing money/assets, forging signatures, unauthorized account access, undue influence over estate documents
Neglect	Failing to provide food, medication, hygiene, medical care by someone with care responsibility
Emotional Abuse	Threats, humiliation, isolation from family/friends, intimidation
Abandonment	Desertion by caregiver with care responsibility
Self-Neglect	When the elder can't care for themselves (triggers intervention, not lawsuit)

California's Enhanced Damages for Elder Abuse

The Elder Abuse Act provides special remedies not available in ordinary negligence cases:

Attorney fees: Recoverable if abuse was reckless, oppressive, fraudulent, or malicious
Pain and suffering: Recoverable even if elder has passed away
Punitive damages: Available for egregious misconduct
Enhanced damages: Up to 3x actual damages in some cases
Asset freeze: Courts can freeze abuser's assets during litigation

Financial Elder Abuse - Most Common Form

Financial exploitation is the most frequently litigated form of elder abuse:

Undue influence: Manipulating elder to change will, trust, or beneficiaries
Theft: Taking cash, using credit cards, liquidating accounts
Real property: Transferring home or property to abuser
Power of attorney abuse: Using authority for personal gain
Caregiver theft: In-home caregivers stealing belongings
Professional exploitation: Attorneys, financial advisors, fiduciaries taking advantage

Who Can Be Held Liable

Individual abusers (family, caregivers, acquaintances)
Home care agencies (for negligent hiring, supervision)
Banks and financial institutions (failing to detect obvious exploitation)
Professional fiduciaries and conservators
Anyone who "takes, hides, or appropriates" an elder's property

Statute of Limitations

Physical abuse: 2 years from injury or discovery
Financial abuse: Generally 4 years, but varies by type of claim
Death claims: Must be filed within 1 year of death
Discovery rule: May extend deadlines if abuse was hidden

Where to Report Elder Abuse

Adult Protective Services: 1-833-401-0832 or online report
Local law enforcement: For criminal investigation
California Attorney General: Elder abuse resources
District Attorney: Elder abuse units in many counties
Licensing boards: For professional misconduct

Evidence to Gather

Bank statements and financial records
Medical records documenting injuries or decline
Photos of living conditions or injuries
Property records showing transfers
Communications (texts, emails, voicemails)
Witness statements from family, neighbors, medical providers
Power of attorney documents and amendments
Changes to wills or trusts

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