California

Elder Abuse Lawyers

California law gives abused seniors and their families powerful civil remedies. Under the Elder Abuse and Dependent Adult Civil Protection Act, a person 65 or older, or a dependent adult, who suffers financial exploitation, physical abuse, or neglect can sue for damages, and in serious cases recover their attorney’s fees and costs from the wrongdoer. VK Law’s California elder abuse attorneys bring civil claims against family members, caregivers, and facilities who exploit or harm vulnerable seniors. For a free, confidential consultation, call 877-780-4727.

What Counts as Elder Abuse in California?

California treats elder abuse as both a moral wrong and a legal one. The state’s main protection law, the Elder Abuse and Dependent Adult Civil Protection Act (often shortened to the Elder Abuse Act, found in the Welfare and Institutions Code starting at section 15600), gives older and vulnerable adults the right to bring a civil lawsuit when someone harms or exploits them.

A “civil” case is different from a criminal one. A criminal case is filed by a prosecutor to punish the wrongdoer. A civil case is filed by the victim or their family to recover money and hold the responsible person accountable. The two can happen at the same time, and a civil claim can move forward even if no one is criminally charged.

Under California law, elder abuse generally falls into these categories:

• Financial abuse: wrongfully taking, hiding, or keeping a senior’s money or property, including through fraud or undue influence.
• Physical abuse: bodily harm, unreasonable physical restraint, or improper use of medication.
• Neglect: failing to provide the care, food, hygiene, or medical attention a reasonable caregiver would provide.
• Abandonment, isolation, and abduction: deserting a senior, cutting them off from family, or improperly removing them from the state.

Who Is Protected: Elders and Dependent Adults

The law protects two groups:

• Elders: any person 65 years of age or older who lives in California.
• Dependent adults: adults between 18 and 64 who have physical or mental limitations that restrict their ability to carry out normal activities or to protect their own rights. This can include adults with disabilities or those whose abilities have declined.

The point of including both groups is the same: the law recognizes that some adults are more vulnerable to being harmed or taken advantage of, and it gives them stronger protections than an ordinary lawsuit would.

Financial Elder Abuse: The Most Common Civil Claim

Financial elder abuse happens when someone wrongfully takes, hides, or keeps an older person’s money or property, or helps someone else do it, through fraud, deception, or undue influence. Because the loss can be enormous and the wrongdoer is often someone the senior trusted, this is one of the most frequent and damaging forms of elder abuse.

Common situations we see include:

• A caregiver, new “friend,” or family member draining bank accounts, running up credit cards, or making large “gifts” to themselves.
• Pressuring a senior to change a will, trust, deed, or beneficiary designation so that assets flow to the wrongdoer instead of the family.
• Adding a name to a bank account or property title and then treating the assets as their own.
• Using a power of attorney or position of trust to move money for the wrongdoer’s benefit rather than the senior’s.
• Investment scams, fake charities, and high-pressure schemes aimed at seniors.

Undue influence is a key concept here. California law describes it as excessive persuasion that overcomes a person’s free will and produces an unfair result. Courts look at how vulnerable the victim was, how much authority or control the influencer had, the tactics used (such as isolation or urgency), and whether the outcome was unfair. Undue influence is often the thread that connects financial abuse to a contested will or trust.

When Financial Abuse Overlaps With Estates and Trusts

Many financial elder abuse cases are really fights over an inheritance. When someone manipulates an elderly parent into rewriting a trust, signing a new deed, or changing beneficiaries, the harm shows up later, often after the senior has passed away and the family discovers assets were redirected.

These cases sit at the intersection of elder abuse and estate litigation. Because VK Law also handles trusts and estates, we can address both sides of the problem: the elder abuse claim and the dispute over the affected will, trust, or estate assets. If your situation centers on a changed estate plan, our California trust and estate attorneys work alongside our litigation team.

Physical Abuse and Neglect, Including Nursing Homes

Elder abuse is not only financial. Seniors in care facilities and at home can suffer physical abuse or neglect, sometimes with serious or fatal consequences. Warning signs of neglect include unexplained bruises or injuries, bedsores (pressure ulcers), sudden weight loss, dehydration, poor hygiene, medication errors, and repeated falls.

When a nursing home, assisted-living facility, or in-home caregiver fails to provide reasonable care and a senior is harmed as a result, that failure can be the basis for a civil elder abuse claim. These cases often require careful review of medical records, staffing levels, and facility policies, which is part of building the case.

Stronger Remedies Under the Elder Abuse Act

One reason the Elder Abuse Act matters is that it offers remedies beyond an ordinary lawsuit. When a victim proves their case under the Act, California law allows the court to award:

• Attorney’s fees and costs. When abuse, neglect, or financial abuse is established under the Act’s standards, the wrongdoer can be ordered to pay the victim’s reasonable attorney’s fees and costs, so pursuing justice does not have to come entirely out of the family’s pocket.
• Heightened damages. In serious cases, the law lifts certain limits that would otherwise cap recovery.
• Punitive damages. Where there is clear and convincing evidence that the wrongdoer acted with recklessness, oppression, fraud, or malice, the case may open the door to punitive damages meant to punish and deter the conduct.

These enhanced remedies are a major reason elder abuse claims are brought under this specific law rather than as a routine lawsuit. The exact remedies available depend on the facts, the type of abuse, and what the evidence shows.

How VK Law Helps

VK Law is a law firm serving clients in California, Nevada, and New York. Our California elder abuse attorneys handle civil cases on behalf of seniors and their families: most often financial exploitation and undue influence, as well as physical abuse and neglect.

We can help you:

• Investigate suspected exploitation and trace where money or property went.
• Move quickly to protect remaining assets and stop ongoing harm.
• Bring a civil claim under the Elder Abuse Act and, where appropriate, challenge a manipulated will, trust, or transfer.
• Pursue the damages, fees, and costs the law allows.

Every situation is different, and fee arrangements are discussed at your consultation so you know what to expect before moving forward. This page is part of our broader California civil litigation practice.

Related civil litigation pages

• California Civil Litigation
• California Securities & Financial Fraud
• California Judgment Enforcement
• FINRA Arbitration