California Financial Elder Abuse Claims

How to pursue your rights in Court

Common claims in financial elder abuse cases…

In a civil California financial elder abuse case, there are several types of claims that can be brought against the perpetrators. These claims are designed to protect elderly individuals from any form of financial exploitation or abuse.

It is important to note that these are just a few examples of the types of claims that can be brought in a civil California financial elder abuse case. Each case is unique, and the specific claims may vary depending on the circumstances. It is advisable to consult with an attorney experienced in elder law to understand the full range of claims available and the relevant statutes and instructions for each claim.

Remember, if you suspect financial elder abuse, it is crucial to report it to the appropriate authorities and seek legal assistance to protect the rights and well-being of the elderly individual involved.

Financial elder abuse occurs when someone wrongfully takes, hides, or uses an elderly person’s property or money for their own benefit. To establish a claim of financial elder abuse, the following elements must be proven:

– The defendant took, secreted, or appropriated the elder’s property or money.
– The defendant did so with the intent to defraud or deceive the elder.
– The elder suffered harm as a result of the defendant’s actions.

Statutory Reference: California Welfare and Institutions Code section 15610.3

CACI Jury Instruction: See CACI No. 3100 – Financial Abuse of an Elder or Dependent Adult.

A breach of fiduciary duty claim can be brought against a person who has a legal obligation to act in the best interests of an elderly individual but fails to do so. This claim can arise when a caregiver, trustee, or agent misuses their position of trust for personal gain. The elements of a breach of fiduciary duty claim are:

– The defendant owed a fiduciary duty to the elder.
– The defendant breached that duty by acting negligently or intentionally.
– The elder suffered harm as a result of the breach.

Statutory Reference: California Probate Code section 16004.

CACI Jury Instruction: See CACI No. 4100 – Breach of Fiduciary Duty.

Fraud occurs when someone intentionally deceives another person for personal gain. In a financial elder abuse case, a fraud claim can be brought against a person who misrepresents facts or conceals information to exploit an elderly individual financially. The elements of a fraud claim are:

– The defendant made a false representation of a material fact.
– The defendant knew the representation was false or made it recklessly.
– The defendant intended to deceive the elder.
– The elder reasonably relied on the false representation.
– The elder suffered harm as a result of the defendant’s actions.

Statutory Reference: California Civil Code section 1572.

CACI Jury Instruction: See CACI No. 1900 – Fraud or Deceit—Essential Factual Elements.

Conversion refers to the wrongful exercise of control over another person’s property. In the context of financial elder abuse, a conversion claim can be brought when someone unlawfully takes or uses an elderly person’s property without their consent. The elements of a conversion claim are:

– The plaintiff owned or had the right to possess the property.
– The defendant wrongfully took, used, or interfered with the property.
– The plaintiff suffered harm as a result of the defendant’s actions.

Statutory Reference: California Civil Code section 3336.

CACI Jury Instruction: See CACI No. 2100 – Conversion.

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