What else to do after a senior was financially abused, the case was reported to Adult Protective Services and the abuse continue

Asked over 1 year ago - San Jose, CA

I am writing in behalf of a senior. He has a friend who convinced him in giving $600,000.00 for a business, and then his friend told him the business went bad and the senior lost his money. A report to Adult P. Services was done, but the senior citizen did not put charges due to the hope that he would be rich very soon, as promised by his friend who lives in my friend's house now (I think is homeless). His friend charged $9,000.00 from the senior's credit card without authorization to buy a car from his brother's lot and sold it, then gave $900.00 to the senior. The senior citizen was not able to pay the balance and his credit card went to collection. The senior doesn't have money to pay the property taxes of his home. The friend keeps two guns and manipulates the senior. Advice

Attorney answers (3)

  1. Charles Richard Perry

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . I am finding it difficult to advise you on this question. If Adult Protective Services conducted its investigation and found it could do nothing, then it seems likely there is nothing you can do, either. Your only remedy would be to establish a physical conservatorship over the senior citizen, and have him moved out of the home. If the senior citizen is capable of taking care of himself, however, the court likely will deny the conservatorship.

    A similar analysis applies to the financial claims. If the senior citizen chooses not to pursue the claim and has the mental faculties to make that decision , there is little that you can do. The only thing an outsider can do is to attempt to obtain a conservatorship over the estate of this senior citizen -- and that attempt will fail if the senior citizen is indeed capable of managing his affairs and simply chooses to be sloppy about them. In addition, a civil action against the friend sounds like it will ultimately be pointless , if the friend does not have the money to pay a judgment.

    If you are writing on behalf of the senior who is seeking help to get this "friend" out of his house and recover his money, then you need to meet with a lawyer in your area, meet with someone from a senior advocacy agency in your area, and otherwise tap into local resources to start appropriate ways to evict this "friend" and protect the senior citizen.

  2. Jonathan H Levy

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can make a new complaint to APS and don't leave out the important details this time like the missing $600,000. Failing that perhaps you can find a relative who is interested ijn intervening. You can also speak to laew enforcement and see if they have any ideas especially if the perpetrator is known to them.

    This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr.... more
  3. Ian A. Scharg

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Your senior friend needs to speak to an attorney who specializes in financial elder abuse. APS and the proper authorities are always the right way to go. However, if you believe that the defrauding individual still has your friend's money, then civil action should be taken.

    My firm has handled cases such as this, if you allege that the fraudster was a corporation, there may be alternative avenues in recovering the lost funds. For example, the Victims of Corporate Fraud Compensation Fund may be an avenue for your friend to recover at least a portion of his money.

    I urge you and your friend to consult an attorney to determine what options he has.

    This is not legal advice and does not intend to create an attorney-client relationship. You should consult an... more

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