Elder Law Attorney Serving Paso Robles, California
Elder financial abuse, conservatorship, and Medi-Cal planning for older adults and their families in the Paso Robles area. Free consultation at (888) 461-2215.
- Free confidential consultation
- EADACPA fee shifting may recover attorney fees from the abuser
- Emergency petitions when assets are at immediate risk
- Civil and criminal approach coordinated when appropriate
- 30+ years combined experience
Free Elder Law Consultation
Confidential. Same-week appointments often available.
Confidential. Mon to Fri, 9am to 5pm. Same-week appointments often available.
Protecting Older Adults in North SLO County
The North County's wine country character means many older residents hold significant property assets, including agricultural parcels, vineyard interests, and homes that have appreciated dramatically over the past two decades. Paso Robles and the surrounding communities have also seen growth in retirement populations, including homeowners who moved to the area for the climate and the rural lifestyle and now face the challenges that come with aging in place.
California's Elder Abuse and Dependent Adult Civil Protection Act provides strong remedies for victims and their families. Under Welfare and Institutions Code section 15657.5, a plaintiff who prevails on a financial abuse claim recovers attorney's fees and costs from the defendant as a matter of right, not at judicial discretion. This fee-shifting provision makes it economically practical to pursue claims across a wide range of financial loss amounts. We handle these matters for Paso Robles area families from our downtown San Luis Obispo office, and most consultations can be conducted by phone or video.
Signs of Elder Financial Abuse to Watch For
- Sudden changes to a will, trust, deed, or beneficiary designations, especially after a new person has entered the elder's life
- Unexplained withdrawals or transfers from bank or investment accounts, or missing funds the elder cannot account for
- A new name appearing on the elder's bank account, deed, or power of attorney
- The elder appearing fearful, anxious, or reluctant to speak privately when a particular person is present
- Unpaid bills, shutoff notices, or unmet needs when income or assets should be sufficient
- Increasing isolation from longtime family members and friends
Elder Financial Abuse in Paso Robles: Acting Before More Was Lost
The Situation
An 83-year-old Paso Robles man living alone had been introduced to a woman through a mutual acquaintance who began spending time at his home and eventually moved in. Within eight months she had persuaded him to change his will to exclude his two adult children and name her as the sole beneficiary, and to add her name to his bank accounts. She had also transferred $45,000 in cash to accounts in her name. The children discovered the situation when the father was hospitalized.
Our Approach
We pursued a two-track approach: a civil complaint under EADACPA for the $45,000 in cash transfers, and a will contest based on undue influence and lack of testamentary capacity. We engaged a geriatric psychiatrist to assess the client's cognitive status at the time of the will signing and account transfers. We obtained the hospital records and coordinated with North County APS. We also sought removal of the woman from the home through the conservatorship process.
The Outcome
The $45,000 was recovered through a combination of the civil settlement and a restitution order in the parallel criminal matter. The will was successfully contested based on undue influence, and the prior will was reinstated. The father's estate plan was then updated with appropriate capacity protections and a professional fiduciary as successor trustee.
Client name changed. Results vary based on individual circumstances. Prior results do not guarantee similar outcomes.
Elder Law Services Available in North SLO County
We handle the full range of elder law matters for Paso Robles area clients, including financial abuse claims under EADACPA, conservatorship petitions and defenses, Medi-Cal planning, power of attorney challenges, trust and will contests based on undue influence, and estate planning for aging adults who want to protect their assets and clarify their wishes. See the full elder law overview for a complete description of each service.
If you suspect abuse is ongoing, contact SLO County Adult Protective Services at (805) 781-1775 for an emergency referral. For non-emergency situations or when you need to understand your legal options before contacting authorities, call us first at (888) 461-2215. Nearby areas we also serve: Atascadero and San Luis Obispo. Our estate planning team and probate practice handle related matters.
Elder Law Questions from Paso Robles Area Families
Free Elder Law Consultation for Paso Robles Area Families
Confidential. Same-week appointments available by phone or at our San Luis Obispo office. If abuse is ongoing, call us today.