Financial exploitation of an elder — also called financial elder abuse — is the wrongful taking, withholding, or use of an older or dependent adult’s money or property, whether by a stranger, a caregiver, a fiduciary, or a family member. California’s Elder Abuse and Dependent Adult Civil Protection Act treats financial abuse as a distinct civil wrong (Welfare and Institutions Code section 15610.30) and gives victims and their families powerful tools to recover what was taken — including return of the property, attorney’s fees, and in many cases double damages.
By Paul H. Kang, Attorney · Los Angeles Bar Association Elder Law Panel Counsel · Last updated 2026
Older adults are frequent targets of financial abuse because they often hold a lifetime of savings, home equity, and retirement accounts, and because age, isolation, illness, or cognitive decline can make them more dependent on others and more susceptible to pressure. The person who exploits an elder is often someone the elder trusts — a caregiver, a new “friend,” a relative, a fiduciary, or a professional given access to accounts and documents.
Financial exploitation can happen in a single transaction or drain an estate slowly over years. It includes outright theft of cash, checks, or valuables; misuse of an ATM card, account, or power of attorney; coercing changes to a will, trust, deed, or beneficiary designation; and elaborate scams that persuade an elder to send money to a stranger. It frequently overlaps with nursing home neglect and other forms of elder abuse, and undue influence is often at its core.
Families are usually the first to notice. Money or valuables go missing. Accounts show unfamiliar withdrawals or new names. Estate documents change suddenly, often favoring a recent acquaintance or one relative over others. The elder becomes secretive, anxious, or confused about their finances, or is suddenly unable to pay for basic needs despite having had resources.
California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code section 15600 and following) was written to address exactly this. It defines financial abuse at section 15610.30, treats it as a distinct civil wrong rather than an ordinary contract or property dispute, and gives victims specific remedies — including the recovery of attorney’s fees and, in many cases, double damages — that ordinary civil law does not provide.
Caregiver and in-home theft
Paid or family caregivers who divert cash, write checks, use ATM or credit cards, or take valuables from a home they are trusted to enter.
Misuse of a power of attorney or fiduciary position
An agent under a power of attorney, a trustee, conservator, or guardian who uses control over the elder’s finances for personal benefit instead of for the elder.
Undue influence over wills, trusts, and deeds
Pressuring or manipulating an elder to change a will, trust, beneficiary designation, or property deed, often after isolating the elder from other family members.
Real-property and title schemes
Transferring or encumbering an elder’s home, adding a name to title, or arranging reverse mortgages or sales the elder did not knowingly agree to.
Bank, account, and beneficiary changes
Adding a joint owner, changing beneficiaries, or moving funds out of an elder’s accounts without authority.
Predatory lending and unsuitable financial products
Selling an elder unsuitable investments, annuities, or insurance to generate commissions, or arranging loans against their assets.
Scams and fraud targeting seniors
Romance scams, lottery and sweepstakes scams, “grandparent” emergency scams, tech-support fraud, and impostor schemes that persuade an elder to send money or share account access.
Failure of a fiduciary or institution to safeguard assets
Banks, trustees, or other professionals who ignore obvious red flags and allow an elder’s money to be drained.
Families who suspect financial exploitation should document what they see. The following are common indicators:
Unexplained withdrawals, transfers, or new charges on the elder’s accounts
Missing cash, checks, or valuables, or financial statements that stop arriving
Sudden changes to a will, trust, deed, beneficiary, or power of attorney — especially favoring a new acquaintance or a single relative
A new “friend,” caregiver, or relative who becomes overly involved in the elder’s finances or isolates them from others
Unpaid bills or shut-off notices despite the elder having adequate income or assets
Account activity inconsistent with the elder’s abilities or condition — such as ATM withdrawals when the elder is bedbound
Added names on bank accounts, credit cards, or the home title
New loans, reverse mortgages, or refinances the elder cannot explain
Confusion, fear, or secrecy about money
Large transfers to a single individual or to overseas accounts
Signatures that appear forged or inconsistent with the elder’s
Pressure to sign documents or to keep transactions secret
Documentation matters. Bank and brokerage statements, copies of wills, trusts, deeds, and powers of attorney, records of transfers, and dated notes of what the elder told you become evidence if litigation becomes necessary.
If you believe financial exploitation is happening, report it to California Adult Protective Services and to local law enforcement; many financial institutions also have elder-fraud units that can flag or freeze suspicious activity. Acting quickly matters — moving fast can preserve assets and the records needed to trace them.
California’s Elder Abuse Act treats financial abuse as a distinct civil wrong that requires specific proof. To recover, a plaintiff generally must show:
1. The plaintiff is an elder (age 65 or older) or a dependent adult
2. The defendant took, hid, appropriated, obtained, or retained the elder’s real or personal property — or assisted someone in doing so
3. The taking was for a wrongful use, with intent to defraud, or by undue influence as defined in Welfare and Institutions Code section 15610.70
4. The elder was harmed, and the defendant’s conduct was a substantial factor in causing that harm
The factual case is built from financial records, estate documents, and expert testimony. Records and evidence that matter include:
Bank, brokerage, and credit-card statements showing the flow of funds
Wills, trusts, deeds, beneficiary forms, and powers of attorney — and any changes made to them
Account-opening, signature, and notarization records
The drafting attorney’s or notary’s file and related communications
Medical and cognitive records bearing on the elder’s capacity and susceptibility to undue influence
Real-property and title records
Communications (texts, emails, letters) showing pressure, isolation, or intent
Witness accounts from family, neighbors, and professionals
Proving these cases often requires expert testimony. Forensic accountants trace the movement of money and quantify the loss. Geriatricians, neuropsychologists, or capacity experts assess the elder’s cognitive ability and vulnerability to undue influence. Where estate documents are at issue, estate-planning and undue-influence experts address whether the changes reflected the elder’s true intent.
When the elements are met, a victim or their estate can recover the property taken, attorney’s fees and costs under Welfare and Institutions Code section 15657.5, and — where the property was taken in bad faith or through undue influence — double damages under Probate Code section 859.
When the Elder Abuse Act applies to a financial exploitation case, the remedies are broader than in an ordinary property dispute and may include:
Return of the property — recovery of the money, accounts, real estate, or valuables that were wrongfully taken, including tracing assets that were moved or hidden
Compensatory damages — the elder’s financial losses caused by the exploitation, including lost income and the cost of undoing fraudulent transfers
Attorney’s fees and costs — Welfare and Institutions Code section 15657.5 authorizes attorney’s fees and costs to a plaintiff who proves financial abuse, which can make a case worth pursuing even when the dollar amount is modest
Double damages — Probate Code section 859 allows recovery of twice the value of property taken in bad faith, through undue influence, or in breach of a fiduciary duty, plus attorney’s fees
Punitive damages — where the conduct is proven by clear and convincing evidence to involve malice, oppression, or fraud
Related probate and trust relief — setting aside fraudulent transfers, removing a wrongdoing fiduciary, and correcting changes to wills, trusts, deeds, or beneficiary designations
Which remedies fit a given case depends on the specific facts, who holds the assets now, and whether the elder is living. We will map out the strongest combination of claims during the initial consultation.
California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code section 15610.30) defines financial abuse as taking, secreting, appropriating, obtaining, or retaining an elder’s or dependent adult’s real or personal property for a wrongful use, with intent to defraud, or by undue influence. It covers outright theft, misuse of accounts and powers of attorney, and coerced changes to wills, trusts, deeds, and beneficiary designations.
Yes. The Act applies regardless of the relationship, and family members are among the most common perpetrators. Remedies include returning the property and, where the taking was in bad faith or through undue influence, double damages — and a court can also address related probate and trust issues.
A signature or apparent agreement does not defeat a claim if it was obtained through undue influence or when the elder lacked capacity. California law defines undue influence at Welfare and Institutions Code section 15610.70, and these cases often turn on the elder’s vulnerability and the other person’s use of authority, pressure, secrecy, and isolation.
As soon as possible. Fast action helps freeze accounts, preserve records, and stop further transfers before assets disappear. Statutes of limitations also apply and vary by claim, so prompt legal advice is important.
Often, yes. A claim for financial abuse can be brought by the elder’s estate or personal representative, and remedies such as recovery of the property and double damages survive the elder’s death. We can advise on standing and the right claims during the consultation.
We offer a free consultation, and because the Elder Abuse Act authorizes attorney’s fees and costs for financial abuse, many cases can be pursued without large out-of-pocket fees. We will explain the fee arrangement that fits your situation.
Q: What is Elder Abuse and Neglect A: Some examples of elder abuse are when someone hits, slaps, pinches, pushes, kicks, restrains, confines an elder.
