Last updated: October 2026
Financial elder abuse is taking or keeping the property of a person 65 or older, or of a dependent adult, for a wrongful use, with intent to defraud, or by undue influence. In California, the victim, a conservator or, after death, the personal representative or heirs can sue under the Elder Abuse Act. A plaintiff who proves the abuse recovers damages and mandatory attorney’s fees. Claims are generally due within four years of discovery. Bay Legal handles these claims in civil and probate court throughout California.
Financial elder abuse: taking, hiding or keeping an elder’s or dependent adult’s property for a wrongful use, with intent to defraud, or by undue influence.
What counts as financial elder abuse?
Under Welfare and Institutions Code section 15610.30, financial abuse occurs when someone takes, hides, obtains or keeps an elder’s or dependent adult’s property for a wrongful use or with intent to defraud, or does so by undue influence. Helping someone else do it also counts. The use is wrongful if the person knew or should have known it was likely to harm the victim. Abuse can happen through a gift, an agreement, or a will or trust.
An elder is a California resident 65 or older (section 15610.27). A dependent adult is a California resident aged 18 to 64 whose physical or mental limitations restrict their ability to carry out normal activities or protect their rights (section 15610.23). Common situations include:
- A caregiver or new companion moving money out of the elder’s accounts
- An agent under a power of attorney paying themselves or making gifts without authority
- A deed, loan or change of beneficiary obtained through pressure or deception
- A trust or will amendment that favors the person controlling the elder’s affairs
Who can bring a financial elder abuse claim?
While the victim is alive, the elder can sue, or a conservator can sue on the elder’s behalf (Probate Code section 2462). An agent under a power of attorney can sue if the power of attorney grants authority over claims and litigation (section 4459).
After death, the right to sue passes first to the personal representative. If there is none, if the personal representative refuses, or if the personal representative’s family is accused of the abuse, an heir, a successor in interest or another interested person can sue (section 15657.3(d)). Creditors cannot.
Which court hears the case?
Most financial elder abuse damages claims are filed as civil lawsuits. The probate court can hear them only if a conservator was appointed before the case was filed (section 15657.3(a)). Several probate petitions, however, recover property directly:
| Route | Where filed | What it does |
|---|---|---|
| Elder abuse lawsuit | Civil court (or the probate conservatorship department if a conservator was already appointed) | Damages, return of property, mandatory attorney’s fees (Welf. & Inst. Code § 15657.5) |
| Section 850 petition | Probate court | Orders property returned to the estate, trust or conservatorship; twice its value for a bad-faith taking (Prob. Code §§ 850, 859) |
| Power of attorney petition | Probate court | Compels the agent to account, reviews the agent’s acts, can revoke the agent’s authority (Prob. Code § 4541) |
| Elder abuse restraining order | Superior court | Stops ongoing abuse; can include a finding that specific debts resulted from financial abuse (Welf. & Inst. Code § 15657.03) |
An agent who breaches their duties can be charged with the loss, and with twice the value of property taken in bad faith (Probate Code section 4231.5).
What can you recover?
- The property or its value. Compensatory damages, or return of the property itself.
- Attorney’s fees and costs. Mandatory once financial abuse is proved by a preponderance of the evidence (section 15657.5(a)).
- Double damages. Twice the value of property taken in bad faith, in a probate petition (Probate Code section 859).
- Damages after death. An estate can recover the elder’s pain-and-suffering damages only with clear and convincing proof of recklessness, oppression, fraud or malice (section 15657.5(b)).
- Punitive damages. Available with clear and convincing proof of oppression, fraud or malice; stricter rules apply to employers (Civil Code section 3294).
How long do you have to file?
A financial elder abuse claim must be filed within four years after the plaintiff discovered, or reasonably should have discovered, the facts (section 15657.7). Related fraud and conversion claims generally have three years (Code of Civil Procedure section 338). If the person who took the property has died, a one-year deadline from their death can apply (section 366.2).
How does a financial elder abuse case work?
- Stop the loss. If abuse is ongoing, report it to Adult Protective Services and consider a restraining order (form EA-100).
- Gather records. Bank and brokerage statements, the power of attorney, deeds, wills and trusts, and any changes made near the time of the abuse.
- Demand return. A written demand for return of the property is often the first step (section 15657.6).
- File the claim. A civil complaint, a section 850 petition, or a power of attorney petition, depending on where the property is and who holds it.
- Discovery and settlement. Subpoenas to banks and depositions of the people involved; many cases resolve in mediation.
- Trial. A civil case proceeds to trial; probate petitions are decided by a judge (Probate Code section 825).
Can a bank be held liable?
Only in limited cases. A bank that provides ordinary services can be liable for assisting financial abuse only if it actually knew of the wrongdoing (Das v. Bank of America (2010)). Bank employees must report suspected financial abuse to Adult Protective Services or law enforcement (section 15630.1), but a failure to report does not by itself give the family a claim.
Bay Legal bills financial elder abuse claims at an hourly rate and explains the arrangement in writing before work begins. When abuse is proved, the court must order the defendant to pay reasonable attorney’s fees.
Frequently Asked Questions
Who counts as an elder under California law?
For a financial elder abuse claim, an elder is a California resident 65 or older under Welfare and Institutions Code section 15610.27. A dependent adult, aged 18 to 64, is also protected if physical or mental limitations restrict their ability to carry out normal activities or protect their rights. Adult Protective Services may serve people from age 60, but the civil claim uses 65.
Can family members sue after the elder dies?
Yes, in some cases. Under Welfare and Institutions Code section 15657.3, the personal representative has the first right to sue. If there is no personal representative, if the representative refuses, or if the representative’s family is accused, an heir, a successor in interest or another interested person can bring the claim. Creditors cannot.
Will the person who took the money pay my attorney’s fees?
If you prove financial abuse by a preponderance of the evidence, yes. Welfare and Institutions Code section 15657.5 requires the court to award reasonable attorney’s fees and costs in addition to damages. In a probate petition under section 859, fees are discretionary. Collecting any award still depends on the defendant’s assets.
How long do I have to file a financial elder abuse claim?
Generally four years after you discovered, or reasonably should have discovered, the abuse, under Welfare and Institutions Code section 15657.7. Related fraud and conversion claims usually have three years. If the person responsible has died, a one-year deadline from their death may apply, so act quickly once you suspect abuse.
Can I get a restraining order for financial abuse?
Yes. Under Welfare and Institutions Code section 15657.03, an elder or dependent adult who has suffered financial abuse can request an elder abuse restraining order using form EA-100. A conservator, trustee, agent under a power of attorney or guardian ad litem can file on their behalf. After a hearing, the court can find that specific debts resulted from the abuse.
Related Questions
How do I report financial elder abuse?
Call Adult Protective Services at 1-833-401-0832 and enter your ZIP code to reach your county, 24 hours a day. You can also contact local law enforcement. See the California Department of Social Services for details.
Can I make an agent under a power of attorney account?
Yes. Under Probate Code section 4541, if the agent does not provide an accounting within 60 days after a written request, an interested person can petition the court to compel one.
Is financial elder abuse a crime?
It can be. Penal Code section 368 makes theft, fraud or embezzlement from an elder or dependent adult a crime. A criminal case is separate from, and does not replace, a civil claim to recover property and damages.
Does undue influence count as financial abuse?
Yes. Under Welfare and Institutions Code section 15610.30, taking or keeping an elder’s property by undue influence is financial abuse, even when it happens through a will, a trust, a deed or a lifetime gift.
About the attorney
Ryan R. Wong handles probate and trust litigation and financial elder abuse claims at Bay Legal, including petitions to recover property under Probate Code section 850 and claims for double damages under section 859. Ryan has practiced in the probate courts of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura counties. Financial elder abuse claims are part of Bay Legal’s probate litigation work within its Probate & Trusts practice.
Talk to a California financial elder abuse attorney
If you suspect someone is taking advantage of an older family member, save the account statements and documents you can access, and note the dates of any changes. To discuss a financial elder abuse claim, call the office nearest you or email intake. If the elder has died and a trust is involved, see trust administration.
Bay Legal, P.C. — serving California statewide
Northern California office
667 Lytton Ave Ste 3, Palo Alto, CA 94301
(650) 668-8000
Southern California office
3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068
(213) 668-8000
Intake: intake@baylegal.com
Fax: (650) 963-0041
Website: https://baylegal.com
This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. For advice on your specific situation, contact a licensed California attorney.