Elder Care Fraud – Elder Abuse Laws in California

Posted by Raoul Severo | Apr 24, 2020 | 0 Comments

Elder Care Fraud  is a kind of fraud that takes place when someone illegally or improperly uses unprotected money or other property that belongs to a senior person. Elder abuse, as is also known by, usually is carried by a caretaker, friend, nursing staff, a family member or even an entire health institution. This felony is a financial fraud and may include blackmailing, coercion, embezzlement, and putting the finance of an elder senior citizen at stake. 

Senior Fraud Law in California

The law about senior fraud in california, according to California Welfare and Institutions Code Section 15600 secures seniors citizens and persons in age of 65 or more, and adults who are objects of numerous kinds of physical maltreatment and abuse from any kind of fraud. The Legislature recognizes and declares among others:

  • That elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons.
  • Assistance when taking, discharging, appropriating, acquiring, or holding individual property of a senior citizen for an improper use or with expectation to swindle, or both.
  • Leads or helps with taking, emitting, appropriating, getting, or holding, genuine or individual property of a senior citizen by undue act or by putting coercion.

In addition, taking over the property of a senior person isn't limited to genuinely take away the property from his/her possession. The law also incorporates the act of denying a senior person “of any property right, including by methods for an understanding, donative exchange, or testamentary estate, whether or not the property is held straightforwardly or by a delegate of a senior person."

Penalties of Elder Fraud                                                                  

California elder citizen fraud crimes are punishable in a similar way as California burglary offenses. This implies that the punishment is generally subject to the estimation of the cash, property, or assets that were taken or stolen. And depends upon the nature of fraud as well.

In the event that the stolen property's worth was $950 or less, the act is considered as a misdemeanor. In the event that the worth was more than $950, then the act might be charged as felony or misdemeanor by the prosecution

Under California Penal Code Section 38 as misdemeanor the punishment may be up to one year in jail or a fine up to $1000 and as a felony the punishment can be up to 2, 3 or 4 years in jail and fine up to $10,000

Federal Criminal Defense Attorney California

California law secures older people, subordinate grown-ups, and formatively impaired people from numerous sorts of mistreat and disregard, including monetary extortion. The law accommodates the recuperation from abuses and enduring monetary extorsion, and correctional harms when there has been wildness, extortion and additionally quiet relinquishment. Do not hesitate to reach out to the Law Office of Raoul Severo for professional help if you or someone close to you is under this kind of delicate situation.

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