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Financial Elder Abuse Attorney in San Diego, CA

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At The Estate Lawyers, APC, we fight for seniors and their families that have experienced financial elder abuse. Whether it’s unauthorized transfers, exploitation by a caregiver, or high-pressure scams, we bring over 150 years of combined legal experience and a record of courtroom success to every case. 

As one client put it, “Some of the most caring and compassionate people you will meet”, and we take that trust seriously.

According to KPBS, San Diego County’s senior population is projected to grow by more than 21%, and with that growth comes an alarming rise in financial exploitation. In 2024 alone, seniors in San Diego County lost an estimated $108 million to financial elder fraud, according to local investigators at ABC 10News.

What Is Financial Elder Abuse and Why It Matters in San Diego

Financial elder abuse occurs when someone takes or misuses a senior’s money, property, or assets for personal gain, often through deceit, coercion, or abuse of trust. In California, it’s a civil wrong and a crime under Penal Code §368 and the Elder Abuse and Dependent Adult Civil Protection Act.

In San Diego, these cases take many forms:

  • A caregiver is convincing a vulnerable senior to sign over property in Rancho Santa Fe.
  • A fraudulent “investment” scheme targeting retirees in La Jolla.
  • The bank account is being drained by someone holding a power of attorney.

One high-profile local case in 2025 involved a $360,000 gold bar scam, stopped by the Elder Justice Task Force before the victim lost more. 

Senior advocacy groups like Elder Law & Advocacy and the San Diego Seniors Community Foundation provide education, support, and resources, but when abuse has already occurred, legal action is often the only way to recover what’s been taken and hold the abuser accountable.

Our Financial Elder Abuse Services in San Diego

At The Estate Lawyers, APC, we focus on stopping financial exploitation of seniors and recovering what’s been taken. Our San Diego team handles cases involving:

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Our Process for Handling Financial Elder Abuse Cases

At The Estate Lawyers, APC, we approach financial elder abuse cases with a combination of urgency, precision, and compassion. Our process is designed to both stop the abuse immediately and secure the best possible recovery for the victim.

  1. Immediate Case Intake & Protective Measures
    We act quickly to freeze suspicious transactions, secure restraining orders if necessary, and coordinate with Adult Protective Services (APS), local law enforcement, or the San Diego County District Attorney’s Elder Abuse Unit.
  2. Detailed Investigation
    We gather financial records, interview witnesses, and, when appropriate, work with forensic accountants. For example, in cases involving estates in Del Mar or Mission Hills, we’ve traced hidden transfers through layered accounts.
  3. Legal Action
    We pursue both civil and criminal remedies when available, from filing lawsuits under the Elder Abuse and Dependent Adult Civil Protection Act to cooperating with prosecutors to press charges.
  4. Partnership with Local Banks & Institutions
    We maintain relationships with San Diego financial institutions to help detect and document suspicious activity, leveraging California’s bank fraud detection laws to strengthen our case.
  5. Resolution & Recovery
    We fight to recover stolen funds, return misappropriated property, and secure compensation for emotional distress. In cases where ongoing care is at risk, we also work to make sure the victim’s financial future is protected through conservatorships or trust restructuring.

Throughout this process, we keep clients and their families fully informed, offering the clear, compassionate guidance that has become our hallmark.

California Laws, Penalties & Compensation for Financial Elder Abuse

In California, financial elder abuse is addressed under both civil and criminal law, giving victims multiple avenues for justice.

Under the Elder Abuse and Dependent Adult Civil Protection Act, victims can recover:

  • The value of the property taken or lost
  • Treble damages in some cases
  • Attorney’s fees and court costs
  • Possible punitive damages when the conduct is proven malicious, oppressive, or fraudulent

Beyond returning stolen assets, courts may award damages for emotional distress and financial insecurity. In high-value cases,such as those involving real estate in La Jolla or investment portfolios managed through downtown San Diego firms, total recoveries can reach hundreds of thousands or even millions.

Why Choose The Estate Lawyers, APC for Your Financial Elder Abuse Case

Selecting the right attorney can determine whether a financial elder abuse case ends in frustration or justice. In San Diego, the stakes are often high, with seniors holding valuable real estate, retirement portfolios, and lifetime savings.

Here’s what The Estate Lawyers, APC, can offer:

  • Proven Elder Law Focus: Our practice is dedicated to probate, trust, and elder abuse litigation, we don’t dilute our attention with unrelated case types.
  • Extensive Court Experience: With over 150 years of combined legal experience, we’ve argued cases in the San Diego County Superior Court – Probate Division and worked directly with the DA’s Elder Abuse Unit.
  • Track Record of Results: From recovering six-figure losses to halting ongoing financial exploitation, our record shows both speed and effectiveness.
  • Local Relationships: We partner with San Diego banks for fraud detection and work with senior advocacy groups to support prevention and recovery.
  • Compassionate Communication: Clients trust us to keep them informed, explain legal options clearly, and respect their emotional well-being during a difficult time.

When abuse threatens a loved one’s financial security, the right legal team brings not just skill, but urgency, empathy, and local insight.

Local Legal & Support Resources for Elder Abuse in San Diego

If you suspect financial elder abuse, quick access to the right resources can make a critical difference. In San Diego County, we regularly work with and refer clients to:

  • San Diego County District Attorney’s Elder Abuse Unit
    Investigates and prosecutes criminal elder abuse cases, including large-scale financial fraud.
  • Adult Protective Services (APS) – San Diego County
    Provides immediate intervention and case management for seniors facing abuse, neglect, or exploitation.
  • Elder Law & Advocacy
    Offers free civil legal services to over 6,000 seniors annually, focusing on protecting financial rights and stability.
  • San Diego Seniors Community Foundation
    Supports programs that enhance seniors’ financial security, social connections, and legal wellness.
  • Local Bank Fraud Departments
    Under California law, banks in San Diego are required to flag and temporarily halt suspicious senior transactions over $5,000, giving time for investigation.
  • Shiley-Marcos Alzheimer’s Disease Research Center (UC San Diego)
    Provides medical evaluations and professional resources in cases involving diminished capacity.

Knowing and using these resources can help stop abuse quickly, strengthen your legal case, and protect your loved one’s long-term financial safety.

Speak with a San Diego Financial Elder Abuse Attorney

If you suspect that a senior in your life is being financially exploited, whether by a caregiver, family member, fiduciary, or outside scammer, the time to act is now. Every day you wait increases the risk of losing more assets and makes recovery harder.

At The Estate Lawyers, APC, we bring over 150 years of combined legal experience, deep knowledge of San Diego’s elder abuse laws, and proven results in recovering stolen assets and stopping ongoing exploitation. 

Schedule your free consultation now.

The Estate Lawyers, APC: Here to Guide, Here to Fight, Here for You

Client Success Stories

Craig Robinson

a year ago

Amy, Michelle and their team are the best of the best. When it comes their field, they are the most qualified, diligent, responsive, empathetic as it gets for a law firm. I would not hesitate to send a family member or any person needing their services, and I could not be more confident in their team!

ICECHIPS5000

a year ago

I don’t trust 90 percent of attorneys forever. I trust Ryan. My issue has been going on for nine years. I finally have traction and intend to prevail. After a court action in the New Year I will hire Ryan for the new actions.

Kady Kley

a week ago

Brittany Guest is the best litigation paralegal in the business! I have had the pleasure of working with her on many cases. She is willing to bend over backwards for her firm and their clients!

Karsyn Construction

a week ago

I had the pleasure of working with Brittney Guest as she helped guide me through my unique and complicated situation. She was extremely thorough and was very quick to respond. I would highly recommend her.

ben ogo

5 months ago

One of the best decisions I made when it comes to my estate portfolio was hiring The Estate Law. The did an amazing and outstanding job, I am still amazed at the results and outcome of their diligence and outstanding deal! Great Job Amy and Michelle, I really appreciate your hardwork and effort!

Brian Robinson

3 months ago

When things aren’t going well, these are the people to turn to. Very strong litigators, and solid advocates for your estate and or probate matter controversies.

Sergio Men

2 years ago

Amy and her team are excellent. They formed the Special needs trust form my daughter and helped us with the administration of it during my daughter’s life. The law firm who we were dealing with the claim of the accident and who we are very grateful with, because of their humbleness and experience in accidents, they did what others firms didn’t even consider trying. After the accident case was settled, we needed a trust to receive the funds on behalf of my daughter and they try to set it up, but after a few hearing with the courthouse they just said, go see Amy, We did, and oh my goodness, they were able to set and get it approved in just one hearing. This is amazing for what I saw in the court room. Some cases NOT HANDLED by Amy, that I was able to hear during the several times we were in the court room with the accident attorney, some cases were already into 2 years and not resolved. When Amy took our case in her hands. Her staff was so professional that in the first try, the trust was approved by the court. In addition, they were very caring and supportive to us during the time of our relationship as client and attorney, and even though our relationship has ended after the passing of our daughter, I know that if in any case I need someone who I can fully trust blindly this is Amy and her team. If you are looking for fast, reliable and a accurate results look no more, Amy and associates is who you are looking for.

Sincerely

Sergio Mendoza

Janet Taylor

2 years ago

I am writing to commend Lauren for the excellent customer service she provided to me. The self-initiative she showed and the prompt, considerate follow-up communications through-out the process were greatly appreciated. She represents an asset to your team and deserves recognition for her professionalism.

Daniel Rodriguez

10 months ago

This is a firm with top-notch litigators. I have personally met Amy Gostanian and Michelle Bartolic. Amy and Michelle are some of the best legal minds I have worked with. Aside from being excellent attorneys, Amy and Michelle are some of the most caring and compassionate people you will meet.

Kylee Modoc

5 years ago

Joe Patton has been a terrific estate planning resource. He’s very knowledgeable and well-versed. He’s a higher-end attorney but he helped us understand the complexities of setting up a revocable trust and took the time to answer all of our questions candidly (and make suggestions surrounding those hypothetical circumstances). My husband and I feel very fortunate to know him and to know now that our affairs are in order should the unthinkable occur. We’d both highly recommend his counsel as we know him to be very hard-working and honest. He’s a good guy!

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