How to Report Financial Elder Abuse in California

According to the National Adult Protective Services Association, only 1 in 44 cases of elder financial abuse is ever reported to authorities. Victims are frequently reluctant to come forward, whether because the abuser is a family member or trusted caregiver, because they fear losing their independence, or because they don’t know where to turn.

If you suspect someone you love is being financially exploited, or if you’ve been victimized yourself, California law gives you several concrete paths for reporting what happened and beginning the process of recovery. Contact Conn Law, PC for a free consultation by filling out our contact form or calling 877-421-9759.

How California Defines Elder Financial Abuse

California’s Elder Abuse and Dependent Adult Civil Protection Act defines an elder as any person age 65 or older. Financial abuse under this law covers a wide range of conduct, including:

Taking or retaining an elder’s money or property through theft, fraud, undue influence, forgery, or breach of a fiduciary duty
Misusing authority gained through a power of attorney, a trust, or any other position of trust for personal financial gain

In practice, that can play out in different ways. Common examples include:

An adult child who drains a parent’s bank account
A caregiver who forges checks or makes unauthorized withdrawals
A financial advisor who moves retirement funds into unsuitable investments
A new acquaintance who pressures an elder into changing their will
A contractor who takes a large upfront payment and never completes the work
A family member who uses a power of attorney to transfer property into their own name

California’s definition is intentionally broad because the ways people exploit older adults are equally broad. In every case, the abuser is someone who had access, trust, or authority, and chose to take advantage of it.

If you’re not sure whether what happened to you or a loved one qualifies, Conn Law PC can review the situation and give you a straight answer.

Reporting Elder Financial Abuse in California

Adult Protective Services (APS)

Adult Protective Services is typically the first place to report suspected elder financial abuse in California. APS operates at the county level, so the specific office you contact will depend on where the victim lives. Every California county has an APS program, and all of them are required to accept reports of abuse, neglect, and financial exploitation of older adults and dependent adults.

To file a formal report, you’ll need to complete California form SOC 341, the official report of suspected dependent adult/elder abuse. It will ask for:

Victim’s name, contact information, and whether they are elderly or a dependent adult
Suspected abuser’s name, contact information, and relationship to the victim
Your own name, contact information, and your relationship to the victim
Your observations of the suspected abuse, including any statements the victim has made
Where the abuse occurred (including any residential care facilities, nursing homes, or assisted living communities)
Type of abuse you’re reporting
Names and contact information of anyone else who may have knowledge of the abuse
Name and contact information of any professional or caregiver responsible for the victim’s care

You can find your county’s APS office through the California Department of Social Services at cdss.ca.gov. Reports can generally be made by phone, in person, or in writing, and California law allows any person to file a report. You do not need to be an attorney or have a formal relationship with the victim.

If you’re unsure where to start or want guidance through the reporting process, Conn Law PC can help make sure the report is filed correctly and that nothing important is left out.

Local Law Enforcement

A report to APS does not replace a report to law enforcement, and in cases where theft or fraud has occurred, filing a police report with your local sheriff’s department or police department can be an important parallel step. Law enforcement has authority APS does not, including the power to make arrests, execute search warrants, and refer cases to the district attorney for criminal prosecution.

If the financial abuse has crossed into outright theft, forgery, or fraud, contact local law enforcement as soon as possible to allow investigators time to preserve evidence, freeze accounts, or take other steps that APS cannot.

The Division of Medi-Cal Fraud and Elder Abuse (DMFEA)

If the abuse happened inside a residential care facility, a skilled nursing facility, or any facility that receives Medi-Cal or Medicare funding, a report to the California Attorney General’s Division of Medi-Cal Fraud and Elder Abuse may also be appropriate. The DMFEA investigates financial crimes against elders in long-term care settings and has authority to pursue both civil and criminal remedies against facilities and their staff.

Reports can be submitted through oag.ca.gov/dmfea/reporting.

The Long-Term Care Ombudsman

If a family member lives in a nursing home, an assisted living facility, or any other licensed long-term care setting, the Long-Term Care Ombudsman is another reporting option — though it serves a different purpose than the DMFEA. Where the DMFEA investigates crimes and can pursue criminal charges, the Ombudsman is an advocacy program. Ombudsmen visit facilities, talk to residents, investigate complaints, and work to resolve problems from within the system, but they cannot prosecute anyone.

You can reach the Long-Term Care Ombudsman through the California Department of Aging at aging.ca.gov.

Financial Regulatory Agencies

When the suspected abuse involves a financial professional — a stockbroker, financial advisor, insurance agent, or bank employee, additional regulatory reporting channels are available. The California Department of Financial Protection and Innovation (DFPI) handles complaints against banks, credit unions, and a range of financial services companies operating in California. FINRA, the Financial Industry Regulatory Authority, oversees registered brokers and investment firms and accepts complaints at finra.org/investors/have-problem. The SEC at sec.gov/tcr is the appropriate contact when the suspected abuse involves securities fraud or investment scams.

Reporting elder financial abuse in California can require multiple agencies depending on where the abuse occurred and who committed it. Conn Law PC can review the facts of your situation, identify which agencies need to be notified, and guide you through each report so nothing falls through the cracks.

Mandated Reporters in California

California law designates certain categories of people as mandated reporters, meaning they are legally required to report known or suspected elder abuse rather than simply being permitted to do so. Mandated reporters under California Welfare & Institutions Code § 15630 include:

Healthcare practitioners (physicians, nurses, dentists, pharmacists, and others)
Care custodians (employees of residential care facilities, home health agencies, hospices, and similar organizations)
County welfare and adult protective services employees
Law enforcement officers
Social workers and public assistance workers
Members of the clergy
Employees of financial institutions

Bank tellers, loan officers, and other financial institution employees who observe signs of financial exploitation in the course of their work are required to file a report using form SOC 342, a separate form specifically for financial institution reporters. Failure to file as a mandated reporter when required is a misdemeanor under California law, punishable by up to six months in county jail, a fine of up to $1,000, or both.

What Information to Gather Before You Report

A report is more useful, and more likely to trigger a thorough investigation, when it contains specific, documented information rather than general concerns. If you’re preparing to report, gather as much of the following as you can:

Bank statements, investment account statements, or credit card records showing unusual transactions
Checks, wire transfer records, or electronic payment records
Any documents the victim signed, including powers of attorney, deeds, contracts, or account changes
Text messages, emails, or written communications related to the suspected abuse
Names and contact information of witnesses, caregivers, or other people who have direct knowledge
A written account of what you’ve observed, including approximate dates

You don’t need to have everything in hand before making a report. APS and law enforcement investigators have tools to gather records that you may not have access to. Report what you know when you know it, because delays can allow an abuser to dissipate or conceal assets.

Reporting vs. Pursuing a Civil Case

A report with APS, law enforcement, or any state agency does not automatically result in financial recovery for the victim. Government agencies investigate and may refer cases for prosecution, but they cannot pursue the return of stolen assets or damages on the victim’s behalf.

California’s Elder Abuse and Dependent Adult Civil Protection Act creates a separate civil cause of action that allows victims, and in many cases their survivors, to sue the person or entity responsible for the financial abuse. A successful civil case can result in the recovery of stolen funds, civil penalties, and in egregious cases, attorney’s fees paid by the defendant.

Conn Law PC handles elder financial abuse litigation throughout California and can pursue that civil case on your behalf while government agencies conduct their own investigations separately.

What to Do if You’re Outside California

If the person affected by financial elder abuse lives in another state, the reporting process will follow that state’s laws and agencies rather than California’s, though the general structure is similar across the country.

Every state has an Adult Protective Services program. The Eldercare Locator, a service of the U.S. Administration on Aging, is a reliable starting point: call 1-800-677-1116 or visit eldercare.acl.gov to find APS and other local resources for any location in the country. The National Center on Elder Abuse at ncea.acl.gov also maintains state-by-state resources and can help families identify the correct reporting agencies wherever they are.

If the abuse involved a financial institution, FINRA and the SEC maintain national authority regardless of the state, and complaints can be filed with those agencies from anywhere.

Speaking With an Attorney Before Reporting

Families may find it helpful to speak with an attorney before filing a report so they understand how the reporting process works alongside any potential civil case, including how statements made in a report might later affect litigation. An attorney can also help identify which agencies are most relevant given the specific facts of the situation and advise on steps to preserve evidence or protect remaining assets.

At Conn Law PC, we represent victims of elder financial abuse throughout California. If you believe a loved one has been financially exploited, we can help you assess the situation, identify your options, and take steps to hold the responsible party accountable. Call us at (415) 417-2780 for a free consultation.