There are multiple ways to defend against elder financial abuse charges, with the help of a skilled elder abuse attorney in Los Angeles, CA.
In the United States, we are fortunate that advances in medical care have allowed our loved ones to live longer and healthier lives. However, living longer lives means that more people require care for longer periods of time — putting an increased number of elderly Americans at risk for elder abuse.
In California, the crime of elder abuse is taken very seriously. This includes elder financial abuse, which includes both theft and embezzlement of money from an elder (defined as a person over the age of 65). Under California law, prosecutors can charge anyone who mismanages money, property or assets belonging to an elder Californian with this crime. Although anyone can potentially be charged with this crime, the vast majority of elder financial abuse charges are brought against family members who are alleged to have financially abused an elder.
To prove that a person committed the crime of elder financial abuse, a prosecutor must prove the following:
- That a person committed a financial crime, such as theft, fraud, embezzlement or forgery;
- That the property involved in the crime belonged to an elder; and
- That the person involved was a caregiver for the elder; and
- The person knew or reasonably should have known that the individual was an elder.
In other words, the prosecutor must prove that you committed the underlying financial crime, and then also prove that the financial crime was committed against an elder — and that you knew that the person was an elder. According to an elder abuse attorney in Los Angeles, CA, if a prosecutor cannot prove the elements of this crime, then the charge cannot stand. Elder financial abuse can be charged as a misdemeanor or a felony, depending on the amount of money or property involved; if it was $950 or less, then it will be charged as a misdemeanor. If it was over $950, it could be charged as either a misdemeanor or a felony.
Elder financial abuse can happen in any number of ways. Strangers may target the elderly for financial abuse, through telephone or online scams, or by promising to perform work on their homes that never gets done. Alternatively, caregivers or loved ones may commit elder financial abuse by using their credit card, getting them to sign financial documents that you know that they don’t understand, or forging their name on checks.
A skilled elder abuse attorney in Los Angeles, CA can help you fight elder financial abuse charges in a number of ways. First, your lawyer could argue that you did not have the intent to deprive an elder of his or her money. For example, if you took money from an elder’s bank account, it might have been for a legitimate purpose, such as to buy necessary items for the home. If your intent was not to defraud the elder, but to do something for him or her, then that may be a valid defense. Second, your elder abuse attorney in Los Angeles, CA could argue that it is a case of mistaken identity. It is possible that the elder has many caretakers, and that multiple people have access to checks, financial documents and property. In that case, your lawyer could argue that it was not you who committed the alleged financial abuse.
Elder financial abuse is a serious crime. If you have been charged with any type of elder abuse, you will need an experienced elder abuse attorney in Los Angeles, CA to assist you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help defend you against these charges.
