Elder financial abuse can involve the misuse of a power of attorney, coercive “caregiver” influence, unauthorized transfers from bank or brokerage accounts, pressure to sign deeds or trust amendments, or concealment of assets by a family member, trustee, agent, or third party. At Westlake Law Group, we represent elders, dependent adults, trustees, beneficiaries, and families throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in elder financial abuse litigation and related probate court proceedings.

These cases are often time-sensitive. Prompt legal action may be necessary to stop ongoing exploitation, preserve evidence, obtain account records, and pursue recovery of money or property. We approach these matters with a focus on fast protective relief when needed and structured litigation designed to recover assets and enforce fiduciary accountability.

If you suspect financial exploitation of an older adult or dependent adult in Southern California, call (818) 444-2022 or contact Westlake Law Group to schedule a confidential consultation.

What Is Elder Financial Abuse?

California's Elder Abuse and Dependent Adult Civil Protection Act provides civil remedies for certain misconduct involving elders and dependent adults. Under California law, an “elder” generally means a California resident who is 65 years of age or older (Welfare and Institutions Code section 15610.27):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=15610.27

“Financial abuse” is defined by statute and generally includes taking, retaining, obtaining, or assisting with the taking of real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud, or by undue influence (Welfare and Institutions Code section 15610.30):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=15610.30

California also defines “undue influence” as excessive persuasion that overcomes free will and results in inequity (Welfare and Institutions Code section 15610.70):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=15610.70

Where it is proven that a defendant is liable for financial abuse as defined by statute, the court may award attorney's fees and costs in appropriate circumstances (Welfare and Institutions Code section 15657.5):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=15657.5

In probate-related recovery proceedings, California Probate Code section 859 may allow enhanced recovery (including “double damages”) when the court finds a bad-faith wrongful taking or concealment, including through undue influence or elder financial abuse:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=859

Common Forms of Elder Financial Exploitation

Elder financial abuse disputes often involve one or more of the following:

  • Power of attorney abuse, including self-dealing, unauthorized gifts, or changes to beneficiary designations
  • Trustee misconduct, including concealment of transactions, improper distributions, or commingling funds
  • Undue influence over an elder to sign a deed, trust amendment, will, or account change
  • Misuse of joint accounts or “convenience” accounts
  • Caregiver or family member theft, including ATM withdrawals or credit card misuse
  • Fraudulent refinancing, forced sale activity, or improper transfer of real property
  • Isolation of the elder combined with pressure to sign documents
  • Online scams and impersonation fraud resulting in wire transfers or account access

Warning Signs Families Should Not Ignore

Financial exploitation often escalates over time. Common red flags include:

  • Sudden changes to estate plans, deeds, or beneficiary designations
  • New caregivers or “friends” controlling access to the elder
  • Unexplained withdrawals, transfers, or recurring payments to a specific person
  • Unpaid bills despite adequate funds
  • Missing financial statements or redirected mail
  • New joint owners added to accounts without a clear explanation
  • Rapid real property title changes, refinancing, or quitclaim deeds
  • Pressure to sign documents quickly or in secrecy

When these signs appear, documenting the timeline and preserving records can be critical.

Immediate Protection and Reporting Options

If there is immediate danger or ongoing theft, call 911.

If you suspect abuse, neglect, or exploitation in a private home setting, Adult Protective Services (APS) may be able to investigate and assist. California APS information is available through the California Department of Social Services:
https://www.cdss.ca.gov/adult-protective-services

Local APS resources include:

Ventura County APS:
https://venturacounty.gov/human-services-agency/adult-protective-services/

Los Angeles County APS:
https://ad.lacounty.gov/services/adult-protective-services/

For information regarding the California Department of Justice resources addressing elder abuse and related reporting, see:
https://oag.ca.gov/dmfea/elder

Elder Abuse Restraining Orders

When financial exploitation is tied to harassment, threats, isolation, or interference with care, a court order may be available to help protect the elder or dependent adult. California Courts self-help information regarding elder or dependent adult abuse restraining orders is available at:
https://selfhelp.courts.ca.gov/EA-restraining-order

For statewide forms and form guidance through California Courts, see:
https://selfhelp.courts.ca.gov/EA-restraining-order/forms

Protective orders can be coordinated with probate petitions and civil litigation when necessary to stop continued pressure or contact and prevent further transfers.

Probate Court and Civil Litigation Remedies

Elder financial abuse claims may involve civil lawsuits, probate court petitions, or coordinated proceedings depending on the facts and how the assets were held. Many cases overlap with trust and estate disputes when assets are held in a trust, transferred before death, or controlled by a fiduciary.

Depending on the circumstances, legal remedies may include:

  • Recovery of misappropriated money or property
  • Court orders reversing or voiding improper transfers
  • Compelled accountings and disclosure of records
  • Removal or suspension of trustees, executors, or agents
  • Surcharge and fiduciary liability claims for losses caused by misconduct
  • Injunctions restraining further transfers or interference

Enhanced remedies in qualifying recovery actions, including potential double damages under Probate Code section 859:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=859

Because forum selection matters, identifying whether the case belongs in probate court, civil court, or both is often a key strategic decision early in the process. For court location tools and general court access information, see:
https://courts.ca.gov/find-my-court

Power of Attorney Abuse

Financial elder abuse frequently involves misuse of authority under a durable power of attorney. Common issues include:

  • Unauthorized gifts or transfers
  • Self-dealing transactions
  • Changes to beneficiary designations
  • Use of funds for the agent's benefit
  • Failure to maintain records and provide transparency

When misconduct is suspected, legal options may include demands for records, petitions to compel an accounting, recovery actions, and proceedings to revoke or limit authority depending on the situation.

Trustee and Executor Misconduct

Trustees and personal representatives (executors/administrators) owe fiduciary duties and must act in the best interests of beneficiaries and the estate or trust. Litigation may involve:

  • Compelling trust or estate accountings
  • Challenging concealed transactions
  • Recovering assets taken through undue influence or wrongful conduct
  • Removing fiduciaries for breach of duty
  • Tracing funds through multiple accounts or entities

When necessary, these matters can be paired with forensic accounting analysis to identify the flow of funds and locate hidden assets.

How Conservatorship Can Intersect With Financial Abuse

Financial abuse often occurs when an elder has diminished capacity and cannot protect themselves. If there is no valid incapacity plan—or if an agent is abusing authority—a conservatorship may be necessary to secure accounts, protect property, and establish court supervision.

In urgent cases, families may seek temporary (emergency) authority while a broader proceeding is pending, particularly where there is active dissipation of assets or immediate safety risk.

Investigating Financial Abuse and Building Evidence

Elder financial abuse litigation often turns on documentation and proof of wrongful conduct. Evidence development may include:

  • Bank and brokerage statements, canceled checks, wire confirmations, and credit card records
  • Trust documents, amendments, and certification of trust
  • Powers of attorney and transaction history
  • Title records, escrow files, refinancing documents, and notary information
  • Medical records and capacity-related evidence where undue influence is alleged
  • Text messages, emails, and communications showing pressure or isolation
  • Witness statements from caregivers, family members, neighbors, or professionals
  • Subpoenas to financial institutions and third parties

Organizing records early can materially improve outcomes and speed protective relief.

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Claims involving misuse of powers of attorney and recovery of misappropriated funds
  • Trustee removal petitions and trust accounting disputes involving suspected exploitation
  • Undue influence claims involving deeds, trust amendments, or beneficiary changes
  • Actions to recover assets transferred to caregivers or relatives
  • Emergency filings to prevent further dissipation of funds
  • Coordinated probate and civil litigation strategies to recover property and enforce fiduciary duties

Frequently Asked Questions

What is the difference between undue influence and elder financial abuse?
Undue influence is a statutory concept involving excessive persuasion that overcomes free will and results in inequity (Welfare and Institutions Code section 15610.70). Financial elder abuse may include taking property by undue influence or other wrongful conduct (Welfare and Institutions Code section 15610.30).

Can elder financial abuse claims be brought after death?
In many situations, successors, personal representatives, trustees, or beneficiaries may have legal options after death depending on standing, the assets involved, and whether the conduct occurred pre-death or during administration.

Do I need a restraining order for financial abuse?
Not always. When financial abuse is tied to harassment, threats, isolation, or interference with care, an elder abuse restraining order may provide additional protection and can be coordinated with litigation.
https://selfhelp.courts.ca.gov/EA-restraining-order

Do these cases always require a conservatorship?
No. Some matters proceed through probate or civil litigation without conservatorship. Conservatorship may be necessary when the elder lacks capacity and urgent authority is needed to protect assets or make decisions.

Schedule a Confidential Consultation

Elder financial abuse matters are often time-sensitive. Delays can allow additional transfers, create evidence problems, and make recovery more difficult. If you believe an elder or dependent adult has been financially exploited in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, contact Westlake Law Group at (818) 444-2022 or submit a consultation request through our contact page.

Our office is located at 30699 Russell Ranch Road, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.