How to Report Elder Financial Abuse in California

Unfortunately, elder financial abuse occurs in California. It’s important to understand the details of how to report it.

Read further.

Introduction

As people age, even the strongest become frail. They don’t see or hear as well as they used to. And as technology changes, they can’t often follow their money trail as easily – especially if they are not independent enough to drive themselves to the bank.

When someone else takes control and care of an elderly person, it usually means handling their finances, too. Whether it is a son or daughter, family member, family friend, a paid healthcare assistant, or the like, it is easy for these individuals to access funds that don’t belong to them – and do so undetected.

Sadly, this is only the tip of the iceberg. Elder financial abuse goes much further and can be much more devastating. Let’s take a look.

Recognizing The Abuse

Before anything can happen to cure the financial abuse that an elderly person is being subjected to, it needs to be recognized. Thankfully some easy-to-spot signs can give you a really good idea that this is taking place. According to The United States Department of Justice, they are:

• “Sudden changes in bank accounts or banking practices, including an unexplained withdrawal of large sums of money by a person accompanying the older adult.
• The inclusion of additional names on an older adult’s bank signature card.
• Unauthorized withdrawal of the older adult’s funds using their ATM card.
• Abrupt changes in a will or other financial documents.
• Unexplained disappearance of funds or valuable possessions.
• Provision of substandard care or bills left unpaid despite the availability of adequate financial resources.
• Discovery of a forged signature for financial transactions or for the titles of the older adult’s possessions.
• Sudden appearance of previously uninvolved relatives claiming their rights to an older adult’s property or possessions.
• Unexplained sudden transfer of assets to a family member or someone outside the family.
• The provision of services that are not necessary.
• An older adult’s report of financial exploitation.”

Have you recognized these red flags and warning signs? If you have, then you must move forward with reporting the elder financial abuse. You will find how to do that below.

Elder Financial Abuse in California Law

The state of California takes the vulnerability of its elderly population seriously. There are many laws pertaining to their care, including psychological abuse, physical abuse, abandonment, isolation, neglect, abduction, and – financial abuse.

Taking funds from someone 65 or older is considered financial abuse. And, according to the U.S. Department of Justice, it is the most common type of elder abuse. California’s Penal Code section 368 states that with the value of the fraudulent activity exceeding $950.00, the penalty for financial abuse is 1 year in county prison and a $1,000.00 fine – or 4 years in state prison.

Who is Mandated to Report?

There are certain people in California that are required to report signs of elderly abuse. These include those that have direct contact with the elderly person or those who offer care to them in some scope. Those who are mandated to report signs of elder abuse are below:

• Social workers
• Care custodians
• Medical providers
• Police officers
• Secondary caretaking family members
• Financial advisors or employees of financial institutions
• Members of the clergy

How to Report Elder Financial Abuse

While there are those who are mandated to report, anyone who suspects that this elder financial abuse is taking place should take the necessary steps to report it. First and foremost, though, if you suspect that the elderly person is in immediate danger, then call 911 directly. Law enforcement is trained on what to look for and can assess the situation and determine what the next steps should be.

If you don’t suspect any immediate danger, then contacting Adult Protective Services (APS) should be your next step. APS is a state-funded program with a branch located in each county. It was put in place to help be a voice for those who need it. Seniors and dependent adults can benefit from what they do. In the case of financial abuse, APS will handle the case, but also turn it over to law enforcement.

Find the number for your local APS office in the county where the elderly individual resides. They have a 24-hour hotline number that you will be able to provide a report of any and all information.

But, don’t just stop with APS. While they will handle the claim, it is not a bad idea to continue reporting the abuse so that someone can address it immediately.

If the elderly individual is currently in a long-term care facility, nursing home, daycare facility, and the like and you suspect someone in these facilities is the financial abuser, then it is important to make it known. Call the Office of the State Long-Term Care Ombudsman (OSLTCO). They are located in each county so find the one that is appropriate for your situation.

Finally, the Attorney General of California has a bureau dedicated to medical fraud and financial abuse. You can call them 24-hours a day at 800-722-0432 to report elder abuse.

Seeing something or suspecting something and not reporting it is a punishable offense. Therefore, be sure to report any suspected financial abuse to the appropriate authorities.

Hiring An Elder Abuse Lawyer

There are attorneys who specialize in elder abuse – including financial abuse. It is a good idea to speak with someone who has the experience to help you determine the best course of action. Reporting it will lead to steps to address the situation, but sometimes taking it a step further can help remove the individual from the negative situation. As well as finding them a better living and care situation.

An experienced elder abuse attorney knows the steps to take to make this happen.

Elderly persons may not be as on-point as they once were, but they still have rights. It is up to those mandated, loved ones, and those willing to speak up to ensure that they are cared for properly during their remaining days.