California Penal Code 368 PC defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. The offense can be prosecuted as a misdemeanor or a felony, and is punishable by up to 4 years of jail or prison.
How do I prove financial elder abuse?Someone has taken property from an elderly person without their permission.Someone has “borrowed” money or property from an elderly person and failed to return it or pay it back.Someone has used fraud, coercion, or undue influence to wrongfully obtain property from an elderly person.More items...
Financial abuse is the most difficult type of elder abuse to prove. There are usually no witnesses involved, and the crime is committed completely out of the victim''s sight. Moreover, physical evidence takes the form of bank records and receipts, which the abuser controls.
To prove there was a breach by the fiduciary or someone else, one or more of the following must be proven: Extensive withdrawal from monetary accounts. Increased or changed spending habits. Someone added to the senior's financial accounts.
Comfort Level - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in providing legal advice and solving your problem?
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If you’re ready to work with the top San Jose elder abuse lawyers, give us a call today at 858-350-8855! If you’d like to schedule a consultation, please fill out the Case Evaluation form on this page.
The standards set forth by the Social Security Administration (SSA) state an elder or senior citizen is anyone over 65 years old. Santa Clara County has over 230,000 seniors who call the area home, composing about 12% of the local population.
Currently, Santa Clara County has over 90 companies that provide home care, along with more than 560 assisted living facilities for adults. When you choose either option, make sure you take the time to check for previous instances of elder abuse before sending a loved one there.
People living in San Jose or Santa Clara County can call (408) 758-3600 or visit this page to find their closest location.
They’ll be your first advocate to show up and provide instant medical care or protection.
If an assisted living facility is convicted of these crimes, they can face citations, fines, and extra penalties. People who are convicted of these heinous acts can even spend time in jail for their actions.
When someone is found guilty of these crimes, they could stand trial with consequences of fees, citations, and even time in prison.
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