California financial elder abuse claims have exploded in the last couple of years. Success in civil courts on these claims is dependent upon proof. So how do you prove a financial elder abuse claim when the victim (the elder) has died?
We start with the factual elements of a claim. California jury instructions provide a guide for these elements. That said, it is recognized that even these instructions are not intended to cover every circumstance in which a plaintiff may bring a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. In a general sense, factual elements begin with showing: that an individual (and/or his/her assistant) took/hid/appropriated/obtained/ [or] took the decedent's property; the victim (the decedent) was 65 years of age or older; the taking was for a wrongful use with the intent to defraud or by undue influence; and the decedent was harmed.