Elder financial abuse is not only a crime but a civil action as well. There are many measures to stop the thefts and financial This article is a powerful law that protects older victims through litigation.

Many states have laws designed to protect senior citizens from such abuse. California, in particular, has adopted the mistreatment of older people and adults, Civil Protection Act (EADACPA). The civil courts in Riverside County, for example, are now familiar with the remedies, EADACPA offers.

One of the main advantages of EADACPA is the right to postmortem pain and suffering damages (general damages). Before EADACPA, a lawyer may refuse to act on a financial abuse, because it was quite possible that his frail elderly client could elapse before the case before the court to have. If this is the case, the right to recover general damages died.

Under EADACPA, this right continues after death. It is interesting that one of the main reasons for the California legislature in these laws was to prosecutors, who on such cases.

The law stipulates that it is proven by clear and convincing evidence that the defendant committed acts of fraud, malice, oppression or recklessness. EADACPA claims the intentional torts, and if these higher standards, which are almost all means, the elderly victim could hope for.

From my own pocket monetary losses are recoverable damages. This may also interest on money that was wrong of the defendant lost or rent on a house that the defendant was living in without payment.

As already mentioned, general damages (pain and suffering) are recoverable. There is no yardstick to determine the amount of money that the elderly compensate for this loss. A jury in addition to passion and sympathy, and award only the amount that appears under the circumstances.

Exemplary or punitive damages, damages are recoverable. The purpose of such an award is for both to punish the defendant and also an example that despicable acts of financial abuse of elderly will not be tolerated in a civilized society.

Enhanced measures may also be available in which the court may be particularly severe, you can double or triple the amount of certain claims.

As already mentioned, an award of attorney is another tool for the elderly victims. Under certain circumstances, these fees are mandatory. Corresponding costs are also recoverable.

EADACPA If a complaint is on behalf of an older, carried out under a conservatorship, then a jury verdict, the curator of the financial compensation for the services rendered for the promotion of civil process.

Imposition of a constructive or resulting trusts may also be against a defendant. If the defendant unlawfully acquired title to the older of the real or personal property, the court may order that the defendant's interest was only as a trustee, and such items must be returned to the elderly.

These are just some of the many available, based on an elderly victim was through the financial abuse.

George F. Dickerman is an older law attorney in Riverside County, California, practicing law for 23 years. To learn more about previous issues, and to subscribe to a free newsletter, which provide valuable information about how the members of your family or friends, please visit the http://Elder-Law-Advocate.com/