Elder Abuse

Financial Elder Abuse Claims in Northern California

Many senior citizens become increasingly vulnerable to numerous forms of fraud, which may necessitate the creation of an estate plan or a guardianship. While the designation of a financial power of attorney or a court-appointed guardian usually protects an elderly parent from the worst financial abuses, there remains the risk that the person entrusted with the management of an elder's financial affairs might also be dishonest.

Temptation is sometimes difficult to avoid. This is especially true for some fiduciaries entrusted with the preservation and management of income on behalf of senior citizens. While a short-term withdrawal for a personal emergency may seem harmless, often enough a fiduciary fails to replace those funds. This forgetfulness, whether harmless or intentional, always causes the elder financial harm.

If you suspect that you have fallen victim to fraud or financial abuse, contact an attorney at Akay & Associates in San Francisco. Our experience with the recovery of damages on behalf of elders who have been defrauded can help restore peace of mind for you and your parent.

Misappropriation of trust funds or guardianship funds not only harms the elderly beneficiary, it may also lead to a criminal conviction. While this conviction will end the abuse, it may not lead to restitution for your family. At Akay & Associates, we can investigate and develop your family's best approach to recovering money stolen from a vulnerable adult under a guardianship, trust or power of attorney.

One option is to create a bond that will restore the missing funds relatively quickly and will allow the insurer to do what it can to recover its payment from the wrongdoer. Another option requires the bank or law firm that employs the fiduciary to be held responsible for your losses under a theory of negligent supervision. Professional liability insurance might also cover your losses. Our lawyers can help you find the quickest and most complete means of recovering losses suffered through the fraud or negligence of a trustee, guardian or nursing home.

For more information about our ability to help you in the aftermath of a fiduciary's fraud or negligence at the expense of an elderly or vulnerable victim, contact an attorney at Akay & Associates, an AV-rated* law firm in San Francisco.

* CV, BV and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories--legal ability and general ethical standards.