Hello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 23, where I discuss the basic elements of elder financial abuse by a wrongdoer.
California Welfare and Institutions Code Section 15610.70, the Elder Abuse and Dependent Adult Civil Protection Act, outlines what constitutes exploitation of a senior. There are three major ways:
a) Controlling necessities of life, medication, the victim's interactions with others, access to information, or sleep.
b) Use of intimidation, affection or coercion.
c) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
I see these cases on a regular basis. Each of my clients has a unique story, but they all share common elements - a vulnerable elder, isolation or manipulation to transfer funds and assets of an estate or trust to the wrongdoer, lying and concealment of key documents and evidence. Beneficiary rights come under threat, and that's when my firm is engaged. Whether it's through petitions for immediate trust accounting, removal of a bad trustee, or other measures, we move to protect families and prevent further damage.
If you would like a free digital copy of the book, email us at [email protected] I'm happy to share this book on this very important topic.