California Elder Fraud Statutes

Series 3116 of California’s Elder Abuse and Dependent Adult Civil Protection Act defines fraud as an “intentional misrepresentation, deceit, or concealment of a material fact with the intention of depriving [the plaintiff or decedent] of property or of a legal right or otherwise to cause [the plaintiff or decedent] injury.”

“Undue influence” plays a big role in deciding whether or not elder financial fraud has taken place, and California defines that as “excessive persuasion that overcomes another person’s free will and causes the person to do something or to not do something that causes an unfair result.” To determine if an instance involved undue influence, these factors have to be examined:

• The plaintiff’s vulnerability, including incapacity, disability, or age
• The defendant’s authority as a family member, fiduciary, health care professional, etc.
• The tactics used by the defendant, such as:
  • Control of medications, life necessities, or access to information
  • Intimidation or coercion
  • Making changes to personal or property rights in secret or in haste
• The results, including the economic consequences to the plaintiff

To prove elder financial abuse, CACI 3100 says that a plaintiff has to show that:

• The plaintiff was 65 years old or older
• The defendant took, hid, or obtained property or assisted in doing so
• The property was taken for a wrongful use or with the intent to defraud
• The plaintiff was harmed and the defendant’s conduct caused the harm

Elder fraud can be devastating to victims, especially when it involves a trusted professional. If you lost money due to fraudulent actions, contact the Silver Law Group. Our elder financial fraud lawyers have helped many people achieve justice or recover lost money through litigation or arbitration, and we may be able to do the same for you. Call us toll-free at 1-800-975-4345 or send us a message through our online form.