Reimbursement to Crime Victims

Elder Law Office of George F. Dickerman
3879 Brockton Avenue
Riverside, California 92501
(951) 788-2156
www.elder-law-advocate.com

Elder Law Newsletter

Reimbursement to Crime Victims

Sometimes, when I get a call from a distraught elder or family member (about a financial rip-off), it's just too late. The money or property is gone. It's all been spent or transferred away. There's no question that financial abuse occurred and could be proven in a civil court, but there's nothing left to recover.

The bottom line would be that after hundreds of hours of legal work and thousands of dollars in costs, the elderly victim would have a paper judgment - an IOU that's uncollectible.

Fortunately, assistance for reimbursement to crime victims is available through the Riverside County District Attorney's Office.

The claims verification unit provides a team of professionals to assist crime victims in processing their California Victim Compensation

Program (CalVCP) applications. When there is no other source of reimbursement, the CalVCP may offer payment for a variety of needs.

This doesn't involve payment (or reimbursement) of lost money or property. Instead, it's an opportunity to help the victim get back on track and re-establish their life.

Depending on the severity of the criminal damage done and the financial condition of the victim, payment for the following types of expenses may be requested:

• Medical treatment
• Dental treatment
• Mental health services
• Funeral & burial services
• Home security
• Residential crime scene clean-up
• Emergency relocation
• Wage loss
• Dependent support loss
• Job retraining
• Home or vehicle modifications
• Moving expenses (including deposits and first and last months' rent) Temporary lodging
  

Again, the CalVCP is not capable of returning stolen money or property to elderly victims. That is accomplished through civil or criminal prosecution, or both. The Elder Abuse & Dependent Adult Civil Protection Act, and Penal Code §368, provide civil and criminal remedies to recover all damages, including pain and suffering (civil) and restitution (criminal).

Quick action must be taken immediately upon suspected financial abuse - before the defendant is able to abscond with all of the elder's life savings. Obviously, this doesn't always happen in our "perfect world".

Fortunately, the CalVCP offers these victims some meaningful assistance to get their lives back on track.

UNDUE INFLUENCE - WHAT TO LOOK FOR

Elder Law Office of George F. Dickerman
3879 Brockton Avenue
Riverside, CA 92501
(951) 788-2156
www.elder-law-advocate.com

Elder Law Newsletter

UNDUE INFLUENCE - WHAT TO LOOK FOR

Surprisingly, "undue influence" has no legal definition in the California Probate Code, although there are definite signs that one can look to - in accessing whether an elder is being unduly influenced.

By recognizing the signs - and taking action - you have the unique ability to correct an injustice and greatly improve the quality of an elder's life.

A definition of undue influence does exist in §1575 of the Civil Code, and reads:

"Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;

2. In taking an unfair advantage of another's weakness of mind; or

3. In taking a grossly oppressive and unfair advantage of another's necessities or distress."

In 2009, the San Francisco County Superior Court studied the phenomenon of undue influence - because of the lack of any definition in the Probate Code. This study included a review of California state law related to undue influence, a review of all 50 states' probate codes to see which, if any, contained definitions of undue influence, a review of social services and psychological literature on the subject, and focus groups from APS social workers, Public Guardian, and private attorneys.

In a nutshell, the report found that undue influence almost always had certain identifiable characteristics:

1. Mental incapacity resulting from dementia, medications, sleep deprivation or emotional distress.

2. Influencer's power. These "influencers" can be nearly anyone who develops a relationship of trust and confidence with the elder, including family members, caregivers, spiritual advisors, doctors and - yes - even attorneys.

3. Improper actions or tactics. Controlling the elder's environment through isolation, poisoning their relationships with others, and using threats of physical violence or abandonment are all signs of undue influence.

4. Unethical transactions. As in the Civil Code definition (supra), taking an unfair or grossly oppressive advantage is a tell-tale sign.

Uncharacteristically giving away large sums of money or property without any consideration are obvious clues of undue influence and resulting financial abuse.

We've probably all read enough pamphlets and articles of general circulation about the tell-tale signs of undue influence and what to look for. I've read scores of psychological and psychiatric reports that categorize and compartmentalize the different mental aspects and deficits to look for - enough that it almost makes me go blind.

Sure, when preparing a case for trial, a forensic/geriatric/psychiatrist/neurologist expert witness will almost always be required to explain the specific factors of undue influence and how it impacted a client (patient). But that's way down the road.

The initial determination that an elder has been unduly influenced is a relatively simple matter of common sense. Please remember the four characteristics mentioned above when conducting your initial investigation.

Your recognition of the abuse, and then taking action to protect the victim, is the contribution you have to offer as a professional advocate for the elderly.