FAQs On Financial Elder Abuse
ATTORNEY NEWSLETTER
What is financial elder abuse in California?
California broadly defines what constitutes financial elder or dependent adult abuse:
(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
Is any wrongful taking of a senior’s property financial elder abuse?
Yes. Whatever the timing or form of financial elder abuse and whatever the amounts, any taking of a senior’s property, or any assistance in that taking is a crime and grounds for civil liability of the person doing the taking and anyone assisting him or her. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse).
If you or a loved one is a victim of elder or dependent adult abuse or neglect or caregiver fraud or caregiver theft anywhere in the San Francisco Bay Area call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Who are potential victims of financial elder abuse?
All seniors are potential victims of financial elder abuse. However, those who are alone and under the care of an in-home caregiver are particularly at risk if the caregiver is a dishonest person looking to take advantage of the situation.
How does financial elder abuse of a senior typically start?
Stolen credit cards, valuables, and cash and forged checks off a senior’s account are common types of financial elder abuse perpetrated on seniors by dishonest caregivers with access to an elderly person’s checkbook. Often, financial elder abuse by forged checks starts out relatively small. If undetected, the amounts stolen grow over time as the predator gets away with his or her theft. If a dishonest caregiver can get away with forging checks they may move on to online account access or other ways to steal even larger amounts than can be stolen with a check. Left undetected, this kind of financial elder abuse or caregiver fraud can go on for years but for some victims the consequences are so severe and sudden that the theft is known right away.
Is there an example of financial elder abuse?
In one reported case, [1] a Southern California man is facing charges after investigators say he used a friendship with an elderly retiree to drain nearly $100,000 from the older man’s cryptocurrency account. According to newspaper reports, authorities arrested the individual following accusations of financial elder abuse, grand theft, and identity theft after investigators alleged that repeated unauthorized transfers emptied an 89-year-old man’s Coinbase account.
The outlet reported defendant allegedly first got to know the retiree through a local breakfast group and later changed who could access the victim’s Coinbase account. Investigators say the connection between the two lasted from June 2024 to September 2025, when the victim realized that substantial amounts of money were gone. According to the Sheriff’s Office, detectives launched the investigation in November 2025 after a theft report involving an elderly victim was filed, newspapers reported. Authorities say the losses totaled more than $97,000 across upwards of 80 cryptocurrency transfers over a 15-month span. Investigators said the stolen assets were tracked to digital wallets and other accounts associated with the arrested individual. Officials, as the outlet reported, also said the case may involve more than one victim, indicating the alleged conduct might not have been limited to a single incident.
How can I prevent the financial elder abuse of an older loved one?
Don’t let your elderly loved one get too close to a new friend who seems very interested in the older person’s financial affairs. Always do a background check on anyone you allow into your older loved one’s home even if they are coming through an agency. Ask for references and check them. Once hired, any caregiver or other in-home worker should never have access to a senior’s cash, checks, PINs, ATM cards or credit cards. Ever. Even if you consider the caregiver to be trustworthy, just don’t do it. You’re only asking for trouble. A dishonest caregiver or other stranger in a senior’s home will grab whatever they can get. Keep cash, checks and cards out of their reach. But don’t stop there in protecting your older loved one as online or phone access to accounts can also be a method for getting money. Regularly monitor all of a senior’s accounts; view account activity online every day if you can. Start your due diligence sooner too. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver a Power of Attorney, ATM card, credit card, or a blank check. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation.
What should I do if I suspect financial elder abuse of an older loved one?
If you sense any kind of abuse or caregiver fraud or theft from an older loved one anywhere in the San Francisco Bay Area, call us right away. Ingrid M. Evans has years of experience in representing seniors and their families against abusers of any kind, including in-home caregivers. You can reach us at (415) 441-8669, or by email at [email protected]. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case in any way. The case was reported on by a local Nashville TV station.