Elder Abuse and Dependant Adult Civil Protection Act

            This is general information on a specific topic of growing concern to our aging population, Financial Elder Abuse.   Improper use of an elder’s funds, property or assets can occur at the hands of individual, an institution, business, or even a designated caregiver.  In addition to obvious acts, such as outright theft, improper use can result from unfair business practices, conversion of property, and embezzlement by the employees of the elder, breach of fiduciary duty, fraudulent inducements, outright deceit or other wrongful acts. 

Age?

"Elder" means any person residing in California, 65 years of age or older.   

Abuse, Financial—A civil action.

"Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:

 (1) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both.

 (2) Assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both.

Who are the potential defendants?

            As to financial abuse of an elder, there is a misconception that a potential defendant’s liability must be based upon a fiduciary or caregiver relationship.  This is NOT true.  Breach of fiduciary duty may certainly give rise to an action for Financial Elder abuse, however it not necessary that a potential defendant have any fiduciary or caregiver relationship with the Elder Person. 

            Any individual or business that takes the property of an “elder” for wrongful use or with the intent to defraud may be potential a defendant liable for damages under the Elder Abuse and Dependant Adult Civil Protection Act

Other Causes of Action

            Financial Elder Abuse is a cause of action often associated with actions for deceit, fraud, conversion, breach of fiduciary duty, etc.