Identity Theft and Elder Financial Abuse in California

Publication Date May 20, 2026 in Elder Financial Abuse

Who Is at Risk and Why It Matters

I am Michael Hackard, founder of Hackard Law. Over nearly five decades of practice, I have fought for heirs, beneficiaries, and elder abuse victims across California – from Sacramento and the San Francisco Bay Area to Los Angeles. I have published four books on inheritance protection and produced more than 1,000 educational videos that have reached over seven million viewers. That reach reflects one hard truth: families across this state are desperate for answers when a loved one is financially exploited.

One of the most damaging – and often overlooked – forms of elder financial abuse is identity theft. Seniors are prime targets. They tend to be more trusting, they have accumulated savings and home equity over a lifetime, and they may be less likely to monitor their credit and financial accounts closely. When identity theft intersects with estate and trust disputes, the financial toll grows fast, and the harm can be irreversible.

Hackard Law provides contingency fee representation for qualified cases – no upfront costs to you. To speak with our team, call (916) 313-3030.

Quick Summary

Identity theft is a felony under California Penal Code section 530A and frequently appears in elder financial abuse cases. Civil litigation can pursue recovery even when criminal prosecution does not fully address a family’s losses.

California Penal Code 530A defines identity theft as a three-element felony offense
Seniors are disproportionately targeted because of trust, accumulated assets, and reduced account monitoring
Identity theft often surfaces in larger estate, trust, and elder abuse disputes
Civil courts offer remedies – including double damages – that criminal courts do not
Early legal intervention is critical to stopping ongoing harm and preserving assets

California Penal Code 530A: The Three Elements of Identity Theft

California Penal Code section 530A is a felony statute that addresses identity theft directly. To establish a violation, three elements must be proven.

The first element is that the defendant willfully obtained someone else’s personal identifying information. Under the statute, personal identifying information includes credit card numbers, checking account numbers, dates of birth, PINs, and passwords – the basic building blocks of a person’s financial identity.

The second element requires showing that the defendant willfully used that information for an unlawful purpose. The statute defines an unlawful purpose to include obtaining goods, services, or real property without the consent of the person whose information was taken.

The third element is that the defendant used the personal identifying information without the consent of the person it belonged to. Consent is central – and in elder abuse cases, what may appear as consent is often the product of manipulation, cognitive decline, or undue influence.

Why Seniors Are the Primary Target

Our aging population faces a disproportionate share of identity theft. Seniors often carry decades of accumulated savings and home equity – wealth that took a lifetime to build. They may be more trusting of people in their lives, including family members, caregivers, and financial advisors. And they may be less likely to review bank statements, credit reports, or account activity on a regular basis.

Those factors combine to create a serious vulnerability. An abuser who gains access to a senior’s account credentials, PIN, or personal information can move money, open credit lines, or transfer property before anyone notices. By the time a family member or attorney becomes involved, the damage may already be substantial.

Understanding why seniors with cognitive decline are prime targets for manipulation is an important first step for families trying to protect a loved one.

Case Pattern: A family member discovered that an elderly parent’s checking account had been drained over several months. The perpetrator had obtained the parents’ account number and PIN and used them to make unauthorized withdrawals. Civil litigation pursued recovery of the stolen funds alongside claims for elder financial abuse, ultimately resulting in a settlement that restored a significant portion of the estate.

The Relationship Between Identity Theft and Estate Disputes

Identity theft does not always appear in isolation. In Hackard Law’s civil litigation practice, identity theft surfaces as one component of a broader pattern of elder financial abuse – often alongside undue influence, fraudulent transfers, and the misuse of powers of attorney.

When a trusted person gains control over a senior’s financial accounts, they may use that access to redirect assets, change beneficiary designations, or alter estate planning documents. The misuse of a power of attorney is a particularly common vehicle for this kind of exploitation. Once an abuser has both legal authority and account access, the opportunities for theft multiply.

Civil litigation in these cases often requires piecing together financial records, account histories, and communications to establish what happened and who was responsible. That work is painstaking – but it is how stolen assets get traced and recovered.

Case Pattern: In one pattern Hackard Law has encountered, a caregiver used a senior’s date of birth and account credentials to open new credit accounts and make purchases without the senior’s knowledge. When the family sought civil remedies, the litigation uncovered a broader scheme of financial exploitation that had been ongoing for over a year. The civil case pursued double damages and attorney fees under California’s elder abuse statutes.

Civil Remedies: What the Law Allows

County district attorneys, the California Attorney General, and the United States Attorney’s Office handle the criminal prosecution of financial elder abusers. Hackard Law operates in the civil courts, and those two tracks serve different purposes.

Criminal prosecution can result in fines and imprisonment, but it does not always restore what was taken from a family. Civil litigation is designed to do exactly that. Under California’s elder abuse statutes, victims and their families may be entitled to double damages, attorney fees, and asset recovery – remedies that go well beyond what a criminal judgment provides.

Civil and criminal cases can proceed simultaneously. A criminal investigation does not prevent a family from pursuing civil claims, and evidence gathered in one proceeding can sometimes inform the other. Families should not wait for a criminal case to conclude before consulting a civil attorney.

For a broader overview of what civil elder abuse litigation involves, the elder financial exploitation resource at Hackard Law provides a useful starting point. And for families concerned about early warning signs, early legal intervention in estate transfers can make the difference between recovering assets and losing them permanently.

Discovery, forensic analysis, and the pursuit of justice are not just legal strategies – they are safeguards for families threatened by exploitation and fraud. For decades, I have stood with families navigating these cases, and I know that a steadfast commitment to truth restores what dishonesty tried to steal.

Key Definitions

California Penal Code 530A: A California felony statute prohibiting the willful acquisition and use of another person’s personal identifying information without consent.
Personal identifying information: Under 530A, includes credit card numbers, checking account numbers, dates of birth, PINs, and passwords.
Unlawful purpose: Under 530A, it includes obtaining goods, services, or real property without the consent of the owner of the information.
Elder financial abuse: The wrongful taking, concealment, or appropriation of an elder’s property or funds, often by a person in a position of trust.
Undue influence: Excessive pressure that overpowers a person’s free will, often used to manipulate seniors into transferring assets.
Power of attorney (POA): A legal document granting one person authority to act on another’s behalf – which can be abused to access and drain financial accounts.
Double damages: A civil remedy available under California elder abuse law that allows courts to award twice the actual damages suffered.
Contingency fee representation: A fee arrangement in which the attorney is paid only if the case results in a recovery – no upfront costs to the client.
Civil litigation: Legal proceedings in civil court seeking monetary damages or asset recovery, separate from and independent of any criminal prosecution.
Fraudulent transfer: The movement of assets with the intent to defraud heirs, beneficiaries, or elder abuse victims.

What to Do Next

Look for unusual account activity, new credit accounts, or unexplained withdrawals in a senior loved one’s financial records.
Get copies of recent bank and credit card statements as soon as you have concerns – early documentation matters.
Try to avoid confronting the suspected abuser directly before speaking with an attorney, as this can cause assets to be moved or hidden.
Look for changes in estate planning documents, beneficiary designations, or property titles that occurred after the suspected abuse began.
Get copies of any powers of attorney, trust amendments, or deed transfers that may have been executed during a vulnerable period.
Try to avoid delays – California has statutes of limitations that can affect your ability to bring a civil claim.
Look for a civil litigation attorney who handles elder financial abuse cases and can evaluate whether a contingency fee arrangement is available.
Review the guide to guarding against elder financial abuse in California trust litigation for additional context on how these cases develop.
Call Hackard Law at (916) 313-3030 to discuss your situation with our team.
Reach out through our contact page to request a free consultation and learn whether your case qualifies for contingency fee representation.