Your mother stopped answering the phone. When you finally reached her, she sounded confused — and mentioned that her “new friend” was helping manage her finances. A few weeks later, her savings account was nearly empty. She insists everything is fine, but the signs are unmistakable: someone is taking advantage of her.

California law provides multiple legal remedies for elder abuse victims under Welfare and Institutions Code Section 15610. Victims can pursue civil lawsuits for damages, seek restraining orders, report abuse to Adult Protective Services, and in cases involving estates, petition the probate court to remove abusive trustees or conservators and recover stolen assets.

At The Legacy Lawyers, we represent families across California who are fighting to protect seniors from exploitation. This article explains the types of elder abuse California law recognizes, the legal remedies available, and how to take action before more harm is done.

Understanding Elder Abuse Under California Law

California defines elder abuse broadly to protect seniors from multiple forms of harm. Under Welfare and Institutions Code Section 15610.07, an elder is any person 65 years of age or older, and abuse encompasses physical, emotional, financial, and neglectful conduct.

Types of Elder Abuse California Recognizes

Financial abuse is the most common form affecting California seniors. Under Welfare and Institutions Code Section 15610.30, financial elder abuse occurs when someone takes, secretes, appropriates, obtains, or retains an elder’s real or personal property for wrongful use or with intent to defraud. This includes:

  • Stealing money or property from a senior’s accounts
  • Forging signatures on financial documents
  • Using undue influence to manipulate an elder into changing estate documents
  • Misusing a power of attorney to benefit themselves

Physical abuse under Section 15610.63 includes assault, battery, unreasonable physical restraint, sexual abuse, or infliction of pain. Neglect under Section 15610.57 covers the failure to provide necessary care, food, shelter, medical treatment, or protection.

Psychological abuse involves inflicting mental suffering through threats, humiliation, intimidation, or isolation from family and friends.

Who Commits Elder Abuse?

The painful reality is that most elder abuse is committed by people the victim knows and trusts. According to the National Center on Elder Abuse, family members are responsible for approximately 60% of elder abuse cases. Common perpetrators include:

  • Adult children with financial problems or substance abuse issues
  • New “friends” or romantic interests who isolate the elder
  • Caregivers with access to the home and finances
  • Trustees or agents under a power of attorney who abuse their authority

In estate contexts, abuse often surfaces when a family member discovers that an elderly parent’s trust has been amended to benefit someone who recently entered their life — often under circumstances suggesting undue influence or lack of mental capacity.

Your Legal Rights and Options to Stop Elder Abuse

California provides powerful legal tools to protect seniors and recover from abuse. The right approach depends on the type of abuse, the relationship between the abuser and victim, and whether the senior is capable of making their own decisions.

Civil Lawsuits for Elder Abuse

Under the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Sections 15600-15675), victims and their families can sue abusers in civil court. California law provides enhanced remedies that go beyond ordinary negligence claims:

  • Compensatory damages for financial losses, medical expenses, and pain and suffering
  • Attorney’s fees and costs — unlike most civil cases, successful elder abuse plaintiffs can recover the cost of bringing the lawsuit
  • Punitive damages in cases of recklessness, oppression, fraud, or malice

The enhanced remedies under the Elder Abuse Act are designed to make litigation financially viable even when the abuser has limited assets.

Restraining Orders

California’s Elder or Dependent Adult Abuse Restraining Order provides immediate protection. Under Code of Civil Procedure Section 527.6 and the Welfare and Institutions Code, courts can order an abuser to:

  • Stay away from the elder’s home, workplace, and vehicle
  • Stop contacting the elder by phone, mail, or electronically
  • Move out of a shared residence
  • Return specific property

Temporary restraining orders can be obtained quickly — often within days — with a full hearing scheduled within three weeks.

Probate Court Remedies

When elder abuse intersects with estate planning — a trustee stealing from a trust, someone using undue influence to change a will, or a conservator exploiting their authority — the California Probate Court provides additional remedies:

  • Trustee removal under California Probate Code Section 15642 for breach of fiduciary duty
  • Asset recovery petitions to trace and recover stolen trust or estate assets
  • Conservatorship petitions under Probate Code Section 1800 to appoint a responsible person to manage the elder’s affairs when they can no longer protect themselves
  • Will and trust contests to invalidate documents procured through undue influence or when the elder lacked capacity

In Estate of Sarabia (1990) 221 Cal.App.3d 599, the California Court of Appeal upheld the invalidation of estate documents where evidence showed the decedent was isolated from family and subject to undue influence by a caregiver.

Reporting to Adult Protective Services

California’s Adult Protective Services (APS) investigates reports of elder abuse and can intervene to protect vulnerable adults. APS can:

  • Conduct welfare checks
  • Arrange emergency shelter or medical care
  • Refer cases to law enforcement for criminal prosecution
  • Connect elders with social services and protective resources

In California, certain professionals — including healthcare providers, financial institution employees, and care custodians — are legally required to report suspected elder abuse under Welfare and Institutions Code Section 15630.

If you suspect a loved one is being exploited or abused, The Legacy Lawyers can help. We serve families throughout California from seven offices in Irvine, Los Angeles, Torrance, Inland Empire, San Diego, San Francisco, and Sacramento. Time matters in elder abuse cases — evidence can disappear and assets can be depleted. Contact us for a consultation.

How The Legacy Lawyers Fight Elder Abuse

At The Legacy Lawyers, we understand that elder abuse cases are never just about the law — they’re about protecting someone you love from people who were supposed to care for them. These cases are personal, and we treat them that way.

Our team brings combined expertise across trust litigation, conservatorship, and probate matters — the areas where elder financial abuse most often occurs. When a trustee has drained a trust, when someone has manipulated a parent into changing their will, or when a caregiver has isolated an elder from their family, we know how to investigate, build a case, and fight back.

Our attorneys have been recognized by Super Lawyers, Martindale Hubbell, Avvo, and Expertise for their work in California trust and estate litigation. We maintain seven offices throughout California — in Irvine, Los Angeles, Torrance, Inland Empire, San Diego, San Francisco, and Sacramento — to serve families wherever they are in the state.

We represent beneficiaries and family members fighting to protect their loved ones and recover what was taken. If you’re watching someone exploit a vulnerable senior, you don’t have to stand by helplessly. California law gives you tools to act — and we can help you use them.

Common Questions About Elder Abuse in California

How do I report elder abuse in California?

You can report suspected elder abuse to your county’s Adult Protective Services (APS) office or call the statewide hotline at 1-833-401-0832. Under Welfare and Institutions Code Section 15630, certain professionals are mandatory reporters, but any concerned person can file a report. APS will investigate and can involve law enforcement if criminal conduct is suspected.

Can I sue someone for financially exploiting my elderly parent?

Yes. Under California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Sections 15600-15675), you can file a civil lawsuit against someone who financially exploits an elder. If your parent is incapacitated, you may need to be appointed as their conservator or agent to bring the lawsuit on their behalf. Successful plaintiffs can recover compensatory damages, attorney’s fees, and potentially punitive damages.

What is the statute of limitations for elder abuse in California?

The statute of limitations for civil elder abuse claims in California is generally four years under Code of Civil Procedure Section 335.1 for personal injury claims, though financial elder abuse claims may fall under the three-year statute for fraud under Section 338(d). The timeline can be extended if the abuse was not discovered until later. Because deadlines are complex, consult an attorney promptly.

What are the signs of financial elder abuse?

Warning signs include sudden changes to estate documents, unexplained withdrawals or transfers, new “friends” who isolate the elder from family, unpaid bills despite adequate income, and confusion about financial matters. Under Welfare and Institutions Code Section 15610.30, taking an elder’s property through wrongful use or fraud constitutes financial abuse.

When should I hire an elder abuse attorney?

Hire an attorney when you suspect ongoing financial exploitation, need to remove a trustee or conservator, want to contest estate documents obtained through undue influence, or need to recover stolen assets. The Legacy Lawyers handle elder abuse cases involving trusts, estates, and conservatorships throughout California.

Conclusion

California law takes elder abuse seriously. Whether you’re dealing with financial exploitation, physical harm, or a caregiver who is isolating your loved one from family, legal remedies exist to stop the abuse, protect the senior, and recover what was taken.

You don’t have to watch helplessly while someone takes advantage of a vulnerable person you love. Get started with The Legacy Lawyers. We serve clients statewide from offices in Irvine, Los Angeles, Torrance, Inland Empire, San Diego, San Francisco, and Sacramento.