There are a disturbing number of cases involving financial abuse of the elderly. Because the elderly are particularly vulnerable, the California legislature enacted the Elder Abuse Act “to protect elders by providing enhanced remedies which encourage private, civil enforcement of laws against elder abuse and neglect.” The Elder Abuse Act defines “abuse” to include anything from physical abuse to abandonment, isolation or other treatment resulting in physical harm, pain or mental suffering.
The legislature also enacted a special provision stating: “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the someone 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.
Because this class of people are a target of fraud or undue influence the legislature allows an elder who prevails under these statutes to recover their attorney fees and costs.
