Elder Financial Abuse | CA Penal Code §368(e)

Elder Financial Abuse | CA Penal Code §368(e)

• September 1, 2021 - Elder Financial Abuse,

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts.

We are civil litigators. Criminal prosecutions against financial elder abusers are the rightful province of law enforcement agencies like county district attorney’s offices, the Office of the Attorney General, and the United States Attorney’s Office.

While we are civil litigators, we learn a lot from and value how law enforcement agencies prosecute financial elder abusers. There are many criminal statutes that address the prosecution of financial elder abuse.

In this video I will address only one: California Penal Code §368(e). This code addresses the crime of theft from an elder or a dependent adult by a caretaker. There are four elements that define this violation.

The first element is that the defendant committed theft, forgery, fraud, or identity theft. This can include the use of a credit card to make online purchases which are not authorized by the elder.

The second element requires a showing that the property taken was owned by an elder. An elder is someone who is at least 65 years old.

The third element requires evidence of the property, goods, or services obtained by the defendant was worth more than $950.

The fourth element in this code section requires that the defendant was 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 is someone who stands in a position of trust with an elder.

We, more than once, have civilly prosecuted financial elder abuse cases that would likely be California Penal Code §368(e) violations if prosecuted by law enforcement.

Prosecutors do the best that they can with the resources available to them. Police force defunding agendas – fewer officers, assigned to limited duties – only diminish the ability of law enforcement to prosecute criminal financial elder abusers.

Our aging population requires increased law enforcement protection, not less. We serve clients – often heirs and beneficiaries – who have estate, trust, and elder financial abuse litigation issues.

If you’d like to speak with us at Hackard Law about your case, call us at 916-313-3030.

We’ll be happy to speak with you.

Hackard Law: Attorneys Making a Difference.