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June 12th, 2026
Why Criminal Law Matters to Civil Elder Abuse Cases
Publication Date June 12, 2026 in Elder Financial Abuse
Why Criminal Law Matters to Civil Elder Abuse Cases
I’m Michael Hackard, founder of Hackard Law. Over five decades of practice, I have fought for heirs, beneficiaries, and elder abuse victims across California – from Sacramento to the San Francisco Bay Area to Los Angeles. I’ve written four published books on inheritance protection and produced more than 1,000 educational videos that have reached over seven million viewers. One subject I return to often is elder financial abuse, because it is one of the most devastating and underreported crimes affecting California families today.
At Hackard Law, we are civil litigators. We pursue claims in California’s superior courts on behalf of families harmed by financial exploitation. But we pay close attention to how law enforcement agencies – including county district attorneys, the California Attorney General’s office, and federal prosecutors – approach these same cases on the criminal side. The criminal statutes that define theft from an elder shape how we understand the conduct we fight in civil court. One statute in particular, California Penal Code section 368(e), defines caretaker theft from elders with precision that every family should understand.
Hackard Law provides contingency fee representation for qualified elder financial abuse and estate litigation cases – no upfront costs required. To speak with our team, call (916) 313-3030.
Quick Summary
California Penal Code section 368(e) criminalizes theft, fraud, forgery, or identity theft committed by a caretaker against an elder. Civil litigation can pursue parallel remedies when law enforcement resources fall short.
- The statute applies when the victim is 65 years of age or older
- The property, goods, or services taken must be valued at more than $950
- The defendant must be a caretaker – someone with care, custody, or control of the elder
- Unauthorized credit card use and online purchases are common examples of covered conduct
- Civil remedies, including double damages, may be available even when criminal prosecution does not occur
The Four Elements of Penal Code 368(e)
California Penal Code section 368(e) targets a specific and troubling pattern: a person entrusted with an elder’s care who turns that position of trust into an opportunity for theft. To prove a violation, four elements must be established.
The first element is that the defendant committed theft, forgery, fraud, or identity theft. This is broad by design. It covers not only outright theft of cash or property but also forged checks, fraudulent transfers, and the unauthorized use of a credit card to make purchases – including online purchases the elder never approved. That last category has become increasingly common as more financial activity moves online and elders may not closely monitor their accounts.
The second element requires that the property belonged to an elder – defined under California law as a person who is at least 65 years old. The third element sets a threshold: the value of the property, goods, or services taken must exceed $950. Below that threshold, the conduct may still be criminal, but the felony provisions of section 368(e) require crossing that line.
The fourth element is the one that distinguishes this statute from general theft law. The defendant must have been a caretaker of the elder. A caretaker, for purposes of this code section, is someone who has the care, custody, or control of an elder. Or who stands in a position of trust with that elder. This definition captures not only professional caregivers but also family members, neighbors, and others who assume a trusted role in an elder’s daily life.
Why Caretakers Are in a Position to Exploit
The reason California law singles out caretakers is straightforward: proximity and dependency create opportunity. Elders who rely on others for daily assistance – whether for meals, medication, transportation, or financial management – are often in no position to detect or report theft. The very relationship that is supposed to provide safety becomes the mechanism of harm.
Seniors with cognitive decline face compounded risk. When memory, judgment, and attention begin to fade, an unscrupulous caretaker can make unauthorized transactions, redirect funds, or forge documents with little immediate detection. Understanding why seniors with cognitive decline are prime targets for manipulation in California is essential context for families trying to protect a loved one.
Case Pattern: A Pattern of Small Withdrawals
In one pattern Hackard Law has encountered, a live-in caretaker made repeated small purchases using the elder’s debit card – each transaction under $100, but totaling tens of thousands of dollars over two years. The elder, who had early-stage dementia, did not recognize the charges. A family member reviewing bank statements after the elder’s hospitalization discovered the pattern. Civil litigation recovered a substantial portion of the stolen funds.
The Gap Between Criminal Prosecution and Civil Remedies
Law enforcement agencies do the best they can with the resources available to them. But the reality is that financial elder abuse cases are numerous, complex, and often deprioritized relative to violent crime. Police force reductions and limited prosecutorial bandwidth mean that many cases meeting the elements of Penal Code 368(e) are never charged. Our aging population demands more protection, not less – yet resource constraints frequently leave families without a criminal justice response.
That gap is exactly where civil litigation steps in. Civil remedies for elder financial abuse in California can include double damages, attorney fee recovery, and asset recovery – remedies that go well beyond what a criminal conviction alone would provide to the victim’s family.There is no need for proof beyond a reasonable doubt in a civil case. It operates under a preponderance of the evidence standard, which is more accessible to families who may have strong circumstantial evidence but lack the documentation a criminal prosecution requires.
Hackard Law has civilly pursued cases that closely track the elements of Penal Code 368(e) – caretakers who committed theft, fraud, or unauthorized financial transactions against elders in their care. For a deeper look at how these cases develop and what families can do early, early legal intervention in elder financial abuse cases can make the difference between recovering assets and losing them permanently.
Case Pattern: Caretaker with Financial Power
In another pattern, a paid caretaker was granted limited authority to manage grocery purchases for a homebound elder. Over time, that caretaker began using the elder’s credit card for personal expenses – electronics, clothing, and travel. When the elder’s adult children noticed unusual charges and confronted the caretaker, the caretaker resigned. A civil claim under California’s elder financial abuse statutes resulted in a judgment that included both actual damages and enhanced remedies.
How Civil Litigation Pursues These Claims
When Hackard Law takes on an elder financial abuse case involving caretaker misconduct, the work is methodical. Financial records, account statements, credit card histories, and communications are gathered and analyzed. The goal is to reconstruct the full scope of what was taken and to identify every legal theory that supports recovery.
Undue influence often runs alongside theft in these cases. A caretaker who steals may also have pressured the elder to change estate documents, add the caretaker to accounts, or execute gifts. Undue influence in California estate law provides a separate but complementary basis for challenging those transfers. Discovery, forensic analysis, and the pursuit of justice – these are not just legal strategies, but safeguards for families threatened by exploitation and fraud.
For families who want a broader understanding of the landscape, guarding against elder financial abuse in California trust litigation is a resource I recommend. And for those navigating these issues as heirs or beneficiaries, five things California trust beneficiaries must know provides essential grounding.
For decades, I have stood with families who discovered – too late, or just in time – that someone they trusted had betrayed an elder in their care. The financial toll grows with every month a case goes unaddressed. And the fracture that runs through a family when a caretaker steals from a parent or grandparent often runs too deep for any judgment to fully mend. A steadfast commitment to truth restores what dishonesty tried to steal – and that is why this work matters.
Key Definitions
- Elder: Under California law, a person who is 65 years of age or older.
- Caretaker: A person who has the care, custody, or control of an elder, or who stands in a position of trust with the elder.
- Penal Code 368(e): The California criminal statute that makes it a felony for a caretaker to commit theft, fraud, forgery, or identity theft against an elder when the value exceeds $950.
- Theft: The unlawful taking of another person’s property, including unauthorized use of credit cards or bank accounts.
- Identity theft: Using another person’s personal identifying information without authorization to obtain money, goods, or services.
- Civil elder financial abuse claim: A lawsuit brought under California Welfare and Institutions Code section 15600 et seq. seeking damages, enhanced remedies, and attorney fees for financial exploitation of an elder.
- Double damages: A civil remedy available in qualifying elder financial abuse cases where a court may award twice the amount of actual damages proven.
- Undue influence: Excessive pressure that overcomes the free will of an elder, often used alongside financial exploitation to change estate documents or transfer assets.
- Preponderance of evidence: The civil standard of proof – meaning it is more likely than not that the alleged conduct occurred, a lower bar than the criminal standard of beyond a reasonable doubt.
- Position of trust: A relationship in which an elder relies on another person for assistance, care, or financial management, creating a duty of loyalty and honesty.
What to Do Next
- Look for unexplained withdrawals, new credit card charges, or unfamiliar online purchases in an elder’s financial accounts.
- Get copies of recent bank and credit card statements going back at least two years if you suspect caretaker theft.
- Try to avoid confronting a suspected caretaker before consulting an attorney, as this can cause evidence to disappear.
- Look for changes to estate documents – wills, trusts, powers of attorney – that occurred after a caretaker became involved.
- Document your observations in writing, including dates, amounts, and any statements made by the caretaker.
- Contact adult protective services if you believe an elder is in immediate danger of ongoing financial harm.
- Try to avoid delay – California has statutes of limitations that can bar elder financial abuse claims if too much time passes.
- Learn more about elder financial exploitation and what remedies California law provides.
- Reach out to Hackard Law for a consultation at our contact page.
- Call Hackard Law at (916) 313-3030 to speak directly with our team about your case and whether contingency fee representation is available.
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Michael Hackard is the founder of Hackard Law, a California trust and estate litigation firm with more than five decades of experience protecting the inheritance rights of families across Sacramento, the San Francisco Bay Area, and Los Angeles. He is the author of four published books on inheritance protection and has produced more than 1,000 educational videos with over seven million views.