Humboldt County’s elderly and dependent adults need to be aware of the protections from elder abuse, including financial elder abuse, provided by California Law. The California Legislature, through the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”) has provided the framework for protecting against the financial abuse of an elder or dependent adult.
An elder is defined as any person residing in California who is 65 years of age or older. A dependent adult is anyone residing in California between the ages of 18 and 64, whose physical or mental limitations restrict his or her ability to carry out normal activities or to protect his or her rights. This includes, but is not limited to, persons whose physical or developmental disabilities have diminished because of age.
Elderly and dependent adults are vulnerable for many reasons.
Persons or entities most likely to commit financial elder abuse may include agents under durable powers of attorney, conservators, representative payees, long term care providers such as nursing homes, and other persons or entities that provide services to the elderly.
Generally, financial abuse occurs when a person or an entity takes or assists in taking or retaining the real or personal property of an elder or dependent adult for a wrongful purpose or use.
Financial abuse cases usually consist of one or more questionable transactions regarding property that at one time belonged to the elder or dependent adult. In these transactions, a caregiver, relative, or other person in whom the elder or dependent adult person has placed trust improperly obtains ownership of the person’s property.
If you know of a relative or a friend who has been a victim of elder abuse, including financial elder abuse, we suggest that you have them contact us.
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