Elder Law Attorney Serving San Luis Obispo, California
Elder financial abuse, conservatorship, and Medi-Cal planning for older adults and their families in the San Luis Obispo 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 SLO County
San Luis Obispo has a substantial and growing population of older adults, particularly in established neighborhoods near downtown, in the Laguna Lake area, and in the foothill communities to the north and east. The city's relatively high cost of living and appreciating property values mean that many long-term residents hold significant assets, which makes them targets for financial exploitation.
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 San Luis Obispo 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 San Luis Obispo: Acting Before More Was Lost
The Situation
A 77-year-old widow living in the Broad Street neighborhood of San Luis Obispo had hired a bookkeeper to manage her household finances after her husband's death. Over two years, the bookkeeper used her signature stamp to write checks to herself totaling $68,000, while also making cash withdrawals from the client's account at a local branch. The client's daughter noticed irregularities when reviewing statements while helping with a Medi-Cal application.
Our Approach
We filed a civil complaint under the EADACPA and simultaneously sought a writ of attachment to freeze the bookkeeper's personal assets before they were dissipated. We engaged a forensic accountant to trace all unauthorized transactions. We also coordinated with SLO County APS, which opened a concurrent investigation. The bookkeeper's employer, a bookkeeping service, was also named as a defendant under vicarious liability theory.
The Outcome
The case settled for $68,000 in actual damages plus attorney's fees under the EADACPA fee-shifting provision. The bookkeeping service contributed to the settlement amount. A separate criminal complaint was filed with the District Attorney. The client's Medi-Cal application was completed and approved following the return of funds.
Client name changed. Results vary based on individual circumstances. Prior results do not guarantee similar outcomes.
Elder Law Services Available in SLO County
We handle the full range of elder law matters for San Luis Obispo 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: Paso Robles and Arroyo Grande. Our estate planning team and probate practice handle related matters.
Elder Law Questions from San Luis Obispo Area Families
Free Elder Law Consultation for San Luis Obispo Area Families
Confidential. Same-week appointments available by phone or at our San Luis Obispo office. If abuse is ongoing, call us today.