Elder Financial Abuse Attorney

Posted by Lisa Wilson on April 4th, 2019

Law implementation and elder lawyers have recently found that the rate of elder abuse is increasing at a rapid speed. People look around and see that their adults have the money or financially sound who are unsafe and can be easily targeted. The desire to punish those who execute elder abuse is reflected in Elder abuse attorney in San Bernardino and should not go unreported. An ‘elder’ is defined as an individual 65 years and older. To estimate financial abuse, it is not needed that the elder has any crippled physical or mental capacity. Financial abuse involves the illegal use of an elder’s financial resources which results in the elder suffering financial loss due to fraud or other bad faith conduct. Economic exploitation of the elders can be both a civil and criminal offense. Civil law defines civil abuse law in San Bernardino as when a person or entity does any of the following:

• Takes secretes, appropriates, obtains, or retains the real or personal property of an elder for unjustified use or with intent to defraud.
• Assists in taking, emitting, hijacking, collecting, or keeping the real or personal estate of an elder for wrongful use or with the purpose to defraud, or both.
• Takes emits, allocates, receives, or maintains, or assists in taking, secreting, appropriating, acquiring, or keeping, real or personal property of a by undue influence.

    Under the Welfare & Institutions Code, the meaning of wrongful use is, if the person knew or should have familiar that this conduct is likely to be dangerous to the elder. Furthermore, the person knows or should logically understand that the sufferer is an elder. Types of Elder abuse attorney in San Bernardino:

    Abuse of this nature spans a broad spectrum of conduct. It can be as simple as shoplifting some money out of an elder’s wallet, defrauding an elder to incorrectly pay money, forging a signature or as sophisticated as deceitfully taking control of an elder’s estate. There are many everyday examples of financial abuse; they include:

• Scams involving healthcare providers.
• Real estate predatory lending elder abuse.
• Credit card or insolvency elder fraud.
• Investment fraud.
• Failure to pay an elder’s upkeep from a trust.
• Home repair senior fraud.
• Funeral and cemetery high fraud.
• Telemarketing, mail or internet senior fraud.

    In summary, Criminal financial ill-treat includes the illegal and improper use of an elder’s emotions for their financial resources which occurs when a person violates any provision of law proscribing theft, embezzlement, forgery, or fraud or forbidding identity theft, concerning the property or personal identifying information of an elder. With the help of this article. If you trust that you or your loved one is a victim of elder abuse, communicate with an experienced physical and Elder abuse attorney in San Bernardino attorney at Law Office of Michael C. Maddux. In an engaging relationship, the financial abuse laws would apply broadly and include every payment of wages, employment decisions that would affect fees and termination.