Recovering Money Taken From an Elder

Our elder abuse and neglect page describes financial exploitation in general terms. This guide goes further: what the law counts as financial abuse of an elder, who can be made to pay it back, which court hears the case, and what California adds beyond simply getting the money returned.

The money may have been taken by a stranger running a scam, a caregiver, a new "friend," a business, or a relative with access to accounts. The rules below apply to all of them. When the person holding the money is a relative acting under a power of attorney or as trustee, read our companion guide on what to do when a relative misuses a power of attorney or trust.

How does recovering the money work, step by step?

Protect what is left. Ask the bank and card companies about stopping further withdrawals, and change passwords and account access where the elder agrees.
Report it. In Sonoma County, Adult Protective Services takes reports 24 hours a day at (707) 565-5940 or (800) 667-0404, or through its online intake form. If a crime is happening now, call 911.
Gather the paper trail: bank and card statements, checks, deeds, wills, trusts, powers of attorney, and any new account or beneficiary forms.
Identify who has the property and in what role: a stranger, a caregiver, a business, an agent under a power of attorney, or a trustee. The role decides which remedies and which court apply.
Make a written demand for its return where the elder lacked capacity; a refusal opens the remedies of the Elder Abuse Act (Welfare and Institutions Code 15657.6).
File the claim in the superior court's civil division, or petition the probate court when a trust, conservatorship or estate is involved (Probate Code 850).
Prove the elements and ask for every remedy that fits: the property or its value, attorney's fees and costs, double value for bad faith, and punitive damages where the proof supports them.

Which remedies can apply?

Remedy	When it applies	California law
Compensatory damages	Financial abuse is proven by a preponderance of the evidence (more likely true than not)	Welfare and Institutions Code 15657.5(a); CACI 3100
Reasonable attorney's fees and costs	The court must award them once financial abuse is proven; costs can include a conservator's fees for work on the case	Welfare and Institutions Code 15657.5(a)
Return of the property on demand	Property taken while the elder lacked capacity; failing to return it after a demand triggers the 15657.5 remedies	Welfare and Institutions Code 15657.6
Twice the value of the property recovered	A court finds a bad-faith wrongful taking, a bad-faith taking by undue influence, or financial elder abuse, in a probate petition to recover the property	Probate Code 859; Probate Code 4231.5(c) for an agent under a power of attorney
Punitive damages	Clear and convincing proof of oppression, fraud or malice; against an employer, the Civil Code 3294(b) standard must also be met	Civil Code 3294; Welfare and Institutions Code 15657.5(c)
Recovery after the elder's death, including pain and suffering	Recklessness, oppression, fraud or malice is also proven by clear and convincing evidence	Welfare and Institutions Code 15657.5(b); CACI 3101

What counts as financial abuse of an elder?

An elder is anyone in California age 65 or older (Welfare and Institutions Code 15610.27). Financial abuse happens when a person or business takes, hides, appropriates, obtains or keeps an elder's real or personal property for a wrongful use or with intent to defraud, or does so by undue influence, or helps someone else do any of those things (Welfare and Institutions Code 15610.30(a)). A taking is for a "wrongful use" if the person knew or should have known the conduct was likely to harm the elder (15610.30(b)).

Two parts of the definition surprise families. First, a gift can still be financial abuse: an elder is deprived of property when it passes by "an agreement, donative transfer, or testamentary bequest," whether the elder held it directly or through a trustee, conservator or agent (15610.30(c) and (d)). Second, undue influence has its own statutory test. It means excessive persuasion that overcomes a person's free will and produces an inequitable result, judged by four factors: the elder's vulnerability, the influencer's apparent authority (a family member, caregiver or fiduciary, for example), the tactics used, such as controlling medication, visitors or information or making changes in haste or secrecy, and how unfair the result was. An unfair result alone is not enough (Welfare and Institutions Code 15610.70).

At trial, the jury instruction asks whether the person took or helped take the property, whether the elder was 65 or older, whether it was done for a wrongful use, with intent to defraud or by undue influence, and whether it was a substantial factor in causing harm (CACI 3100). A decision the Judicial Council cites under that instruction upheld a probate court's finding that a spouse's credit card spending and checks written to herself from the decedent's account went "well beyond the line of reasonable conduct."

Who can be made to pay it back?

The person who took it, and anyone who knowingly helped, since assisting is part of the definition (15610.30(a)(2)). Another decision the Judicial Council cites under CACI 3100 says a party may commit elder abuse by misappropriating funds an elder is entitled to under a contract, so a business can be a defendant too. When a business used a scheme or false sales pitch, our guide on extra protections for seniors in consumer fraud cases covers the consumer laws that can apply alongside the Elder Abuse Act.

An employer. A company is responsible for harm caused by employees acting within the scope of their employment (CACI 3700). For financial abuse, the employer can owe compensatory damages, fees and costs on that basis, but punitive damages against it require proof under Civil Code 3294(b), such as advance knowledge of an unfit employee or ratification by an officer, director or managing agent (Welfare and Institutions Code 15657.5(c)).

A home care agency's bond or insurance. A licensed home care organization must carry an employee dishonesty bond, including third-party coverage, of at least $10,000, and general and professional liability insurance of at least $1,000,000 per occurrence (Health and Safety Code 1796.42). When the taker was a hired aide, see who is responsible for abuse by an in-home caregiver.

Which court hears it: civil or probate?

A financial abuse claim by the elder is usually a civil lawsuit. In Sonoma County, civil cases are handled at the Civil and Family Law Courthouse, 3055 Cleveland Avenue, Santa Rosa; our page on what to expect at Sonoma County Superior Court walks through that process.

The probate court is the other route. A trustee, conservator, personal representative or other interested person can petition for an order transferring property that is claimed to belong to the trust, the conservatee or the estate (Probate Code 850), and Probate Code 859 doubles the value of property recovered that way when bad faith or financial elder abuse is found. If a conservator was appointed before the abuse case was filed, the probate conservatorship department shares jurisdiction over the abuse claim (Welfare and Institutions Code 15657.3(a)). The Sonoma court's announcement moved its probate clerk's office to the Hall of Justice, 625 Administration Drive, Santa Rosa, on July 20, 2026, and the probate courtroom to Department 63 on July 27; call the court at (707) 521-6500 before going.

Should we report it to the police or the District Attorney too?

Yes, a report and a civil claim do different jobs. Sonoma County's Adult Protective Services investigates reports involving adults 60 and older and adults with disabilities, and its financial abuse team (known as FAST) brings together law enforcement, the probate court, financial services and legal services. The County's fraud and scams page for older adults lists the Sonoma County District Attorney's office at (707) 565-5317 for reporting scams, along with your local police business line and your bank.

A criminal case is run by the prosecutor, on the prosecutor's timetable, and it does not stop the four-year clock for the family's civil claim. Our guide on reporting to the District Attorney, filing your own claim, or both compares the two paths. The county offices are also listed on our Sonoma County page.

What changes the answer?

Whether the elder had capacity. If the property was taken while the elder lacked capacity, a written demand for its return comes first, and a refusal brings the fee and damage remedies of section 15657.5. The return-on-demand rule does not apply to an agreement the elder made while they had capacity (Welfare and Institutions Code 15657.6).

Bad faith. Double value under Probate Code 859 requires a court finding of a bad-faith taking or financial elder abuse; without that finding, the doubling does not apply.

A fiduciary was involved. An agent under a power of attorney who breaches a duty is chargeable with the loss, with interest, and twice the value applies to bad-faith takings (Probate Code 4231.5).

The elder has died. The right to bring or continue the claim passes to the personal representative or, if there is none, to an heir or successor who files the required declaration (Welfare and Institutions Code 15657.3(d)). See bringing an elder abuse claim after a parent has died.

The person is under 65. The Act also protects dependent adults, ages 18 to 64, whose physical or mental limitations restrict their ability to carry out normal activities or protect their rights (Welfare and Institutions Code 15610.23).

Time has passed. The four years run from when the facts were discovered or should have been (Welfare and Institutions Code 15657.7). Our guide on elder abuse deadlines in California compares this rule with the shorter ones for neglect and injury.

What could this look like? An example

For example, imagine an 83-year-old widower in Rohnert Park whose new neighbor starts driving him to appointments. Within a year the neighbor has been added to his checking account, and about $60,000 has moved into the neighbor's own account. His daughter finds the statements in March 2026 while helping with his taxes.

She calls Adult Protective Services, helps her father ask the bank to remove the neighbor from the account, and copies two years of statements. Her father's doctor has documented memory loss, so a written demand for the money goes out under section 15657.6. When the neighbor refuses, a financial abuse lawsuit is filed well within four years of March 2026. If the father proves the taking was for a wrongful use or by undue influence, the court must award his reasonable attorney's fees and costs along with the money lost; if he also proves fraud or malice by clear and convincing evidence, punitive damages become possible. Had the account belonged to his trust, his trustee could instead have petitioned the probate court, where a bad-faith taking can cost twice the value. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do families make?

Treating a large "gift" or a new joint account as untouchable, when a donative transfer can still be financial abuse.
Confronting the person before copying statements and documents.
Assuming the police case will return the money and letting the four-year deadline run.
Signing a private repayment deal that releases claims for a fraction of the loss.
Overlooking the employer, agency bond or insurance when a hired caregiver took the money.
Waiting to report because the person is a relative.

What should we do this week?

Call Adult Protective Services, and the police if money is still being taken.
Ask each bank and card company about protecting the accounts and request statements.
Collect the power of attorney, trust, will, deeds and any recently changed beneficiary forms.
Write down the date you first learned of the losses; it starts the four-year period.
List everyone who handled the money, including any agency that employed them.
Speak with a lawyer before sending a demand or accepting any repayment offer.

Frequently asked questions

Mom signed the papers herself. Can it still be financial abuse?

Yes. A transfer by agreement, gift, will or trust can be financial abuse if it was obtained for a wrongful use, with intent to defraud or by undue influence (Welfare and Institutions Code 15610.30). Her signature is one fact, not the end of the question.

Who pays the attorney's fees?

When financial abuse is proven, the court must award the elder reasonable attorney's fees and costs against the defendant (Welfare and Institutions Code 15657.5(a)). In a probate recovery under section 859, fees are in the court's discretion.

Can we recover if the money has already been spent?

The claim is for the value lost, not only the same dollars, so a judgment can be entered for the amount taken plus the other remedies. Collecting it depends on the defendant's assets, any employer, and any bond or insurance that applies.

Can a relative bring the case for Mom?

The claim belongs to her. An agent acting within a power of attorney, a conservator or a trustee can act for her, and after her death the claim passes as described above.

What if we only found out years later?

The four years start when the abuse was discovered or reasonably should have been (Welfare and Institutions Code 15657.7), so the date you learned the facts matters. Keep proof of how and when you found out. Other kinds of claims have shorter limits, listed in our guide to California personal injury deadlines.

Can a bank or financial company be responsible?

A business can be liable if it took or helped take the property for a wrongful use; a decision the Judicial Council cites under CACI 3100 says only knowing or reasonably knowable harmful breaches of a contract qualify. Each case turns on its facts.

If money or property has been taken from a parent or other older relative, contact Young Law Group today at (707) 343-0556 or through our contact page to schedule your free and confidential consultation.

How can a family recover money taken from an elder in California?