When Someone You Love Needs Legal Protection
San Luis Obispo County has one of the highest concentrations of residents over 65 in California. The communities along the Central Coast draw retirees precisely because of the quality of life here. That same population is disproportionately targeted by financial predators, unscrupulous caregivers, and in too many cases, by family members who take advantage of diminished capacity.
Elder financial abuse claims under the EADACPA are filed in California Superior Court in the county where the elder resides or where the abuse occurred. We handle these matters throughout California — not only on the Central Coast. The fee-shifting provision under Welfare and Institutions Code section 15657.5 applies statewide, making it economically practical to pursue claims in Los Angeles, San Francisco, San Diego, Sacramento, and across California. If a family member has been exploited regardless of location in California, call us to discuss the situation.
Elder financial abuse in California is defined under Welfare and Institutions Code section 15610.30. It covers the wrongful taking, concealing, or retaining of an elder's property through deception, undue influence, fraud, or coercion. It applies to outright theft, forged documents, unauthorized withdrawals, deed transfers under duress, and the abuse of a power of attorney. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), successful plaintiffs recover attorney's fees and costs as a matter of right in most financial abuse cases, which makes it possible to pursue claims that would otherwise be too costly to litigate.
We handle elder law matters with the urgency they require. When financial abuse is discovered, time matters. Assets are spent, transferred, or hidden. Accounts are drained. Deeds are recorded. Every week of delay makes recovery harder. If you suspect an older adult is being exploited or has already been harmed, contact us as soon as possible. We can take emergency action when the situation requires it.
Warning Signs of Elder Financial Abuse
- Sudden changes to a will, trust, or beneficiary designations, especially after a new person enters the elder's life
- Unexplained withdrawals, transfers, or missing funds from bank accounts
- Unpaid bills when income should be sufficient
- A new person on the elder's bank account, deed, or power of attorney
- The elder appearing fearful of a caregiver, companion, or family member
- Isolation from family and longtime friends
- Confusion about financial matters the elder previously managed confidently
Elder Law Services We Provide
California Elder Financial Abuse Law: What Makes These Cases Different
Elder financial abuse cases under the EADACPA have a fundamentally different structure than standard civil litigation. Under Welfare and Institutions Code section 15657.5, a plaintiff who prevails on a financial abuse claim is entitled to attorney's fees and costs as a matter of right, not judicial discretion. In cases involving recklessness, oppression, fraud, or malice, punitive damages may also be available. Probate Code section 859 separately provides for double damages when property is wrongfully taken in bad faith.
The fee-shifting provision is what makes elder abuse cases economically viable in situations that would otherwise not justify litigation. An elder who lost $40,000 to a predatory caregiver might not have a viable standard civil case after paying attorney's fees. Under EADACPA, that case can be pursued because the defendant, if found liable, pays both the damages and the legal costs. The statute also allows a writ of attachment to freeze assets early in the case under Probate Code section 15657.01, which is critical when a defendant may otherwise dissipate funds before judgment.
On the criminal side, California Penal Code section 368 makes financial elder abuse a separate crime carrying felony penalties when the value taken exceeds $950. Civil and criminal proceedings can run in parallel. We coordinate with Adult Protective Services and, when appropriate, with law enforcement and the District Attorney, while simultaneously pursuing the civil claim for maximum recovery.
If the elder has passed away before a claim is filed, the civil claim survives under California law and can be brought by the personal representative or successor trustee. Many elder financial abuse cases are discovered during estate administration when the family sees for the first time the full picture of what occurred. The statute of limitations for most claims is four years from the date of discovery of the abuse.
SLO County Resources for Elder Abuse
For emergency situations, contact SLO County Adult Protective Services at (805) 781-1775. For statewide information, the California Department of Social Services APS page provides reporting resources and guidance. The full text of the EADACPA, Welfare and Institutions Code section 15610.30, is available through the California Legislature site.
Our estate planning team creates plans with capacity protections built in. Our civil litigation team pursues financial abuse claims in court. Our probate practice handles administration when estates are already in process. We serve clients in San Luis Obispo, Paso Robles, Arroyo Grande, Atascadero, and Santa Barbara.