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Elder Abuse Attorney
Elder abuse can be physical or financial. Almost any behavior leading to physical harm, pain or emotional suffering or financial problems may qualify as elder abuse. Sadly, the people who perpetrate elder abuse are often the most trusted ones around the older person such as spouses, caregivers, children and financial advisors. As a result, many elder abuse cases are unreported.
What can I do?
If you think elder abuse is occurring, you should immediately try to get involved by talking to the victim and intervening in their care. Speak with caregivers and financial advisors. If they are not cooperating or the problem is beyond your ability to change, contact a mediator, a government agency or our law firm to investigate and stop the abuse.
California specifically provides for cases of elder abuse in the following areas:
- Physical abuse
- Financial abuse
- Isolation and/or abandonment
Do I have an Elder Abuse case?
If your loved one show signs of physical harm or poor health, the signs of elder abuse may be obvious. Some other less obvious signs of elder abuse are:
- Unusual changes in physical appearance, personal hygiene or other behavior by the elder person
- Unusual changes in banking activities or other financial matters
- Unusual changes in a will, transferring of assets deeds of trust or other changes in the state planning
- Unusual behavior by caregivers such as an inappropriate interest in the elder’s financial affairs or attempts to isolate the elder from family members
Estate Trustees and Financial Elder Abuse
If your loved one had a trust and a will, they will have appointed a trustee responsible for managing the trust’s assets and for distributing the estate’s assets under that will at the time of their passing. The trustee has a fiduciary obligation to perform these duties and to protect the estate’s assets and to do everything necessary to distribute them in a timely manner.
Financial abuse often occurs at the hands of a trustee who is either not qualified or financially enriches himself instead of executing the terms of the trust in the best interests of the decedent and the heirs. If you become aware of this kind of financial elder abuse, you should contact us today for a FREE CONSULTATION.
What if I am the Trustee?
If you have been named as the trustee of an estate, it can be a stressful experience. You will be responsible for gathering all financial documents, paying and managing debts, paying taxes, and otherwise administrating the terms of the trust. These duties can also include managing and closing bank accounts and distributing and selling real property assets in a timely manner.
This can be a long and difficult process taking up to a year or more. If you are not comfortable with the responsibility of a trustee, you should contact a professional by calling our office to assume those responsibilities as the Trustee.
Do I have a case?
Let's find out.
All of our cases are accepted on a contingency fee basis. If we don’t succeed in securing you a financial recovery, we don’t get paid.
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