(a) Any person who financially exploits an elderly person, protected person, or an incapacitated adult in the amount of less than $1,000 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.

What are the consequences of financial elder abuse?

However if the victim so chooses, and criminal charges are filed, financial elder abuse can lead to misdemeanor and felony charges. Misdemeanor convictions can lead to up to a year in jail, and a $1,000 fine. Felony convictions can result in up to four years in jail and fines up to $10,000.

How do you prove financial exploitation of elderly?

To prove there was a breach by the fiduciary or someone else, one or more of the following must be proven:

1. Extensive withdrawal from monetary accounts.
2. Increased or changed spending habits.
3. Someone added to the senior’s financial accounts.
4. Unpaid health care costs or no health care.
5. Changes in the senior’s estate.

What is financial exploitation of a senior?

(12) “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the elder person or the vulnerable

What is the penalty for exploitation?

California Penal Code 368 PC defines the crime of elder abuse as inflicting physical or emotional abuse, neglect, or financial exploitation upon a victim who is 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.

Is financial abuse a criminal Offence?

Financial abuse is a form of domestic abuse. It’s a crime and should be reported to the police. Financial abuse can take many forms so will look different within different relationships.

Is it a felony to take advantage of a senior citizen?

Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than

What is exploitation of the elderly give examples?

What is Financial Exploitation of the Elderly? Some examples include cashing an elderly person’s checks without their knowledge or permission, forging their signatures, deceiving them into signing certain documents or making withdrawals without permission from their bank account with the elderly person’s ATM card.

What do you do when an elderly person is taking advantage of?

Here are some steps to consider taking:

1. Talk to the older person.
2. Gather more information or evidence as to what is occurring.
3. Contact the older person’s financial institution.
4. Contact your local Adult Protective Services (APS) office.
5. Contact law enforcement.

Is financial exploitation of the elderly a crime?

Any unauthorized (or fraudulently obtained) use of an elder’s money or property is considered a violation of California’s financial elder abuse law.

What is considered elder exploitation?

“Exploitation” refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal, or other benefit, gain, or profit.

How do you prove exploitation?

How do I prove financial elder abuse?

1. Someone has taken property from an elderly person without their permission.
2. Someone has “borrowed” money or property from an elderly person and failed to return it or pay it back.
3. Someone has used fraud, coercion, or undue influence to wrongfully obtain property from an elderly person.

What are examples of exploitation?

Types of exploitation

• Sexual exploitation. This is when someone is deceived, coerced or forced to take part in sexual activity.
• Labour exploitation.
• Domestic servitude.
• Forced marriage.
• Forced criminality.
• Child soldiers.
• Organ harvesting.

What is exploitation of a vulnerable person?

ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT. (c) “Exploitation” or “exploit” means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property or resources by another person for profit or advantage.