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This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator

court cases

Welfare & Institutions Code § 15657 provides: "Where it is proven by clear and convincing evidence that a defendant is liable for . . . neglect as defined in Section 15610.57, . . . and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all of the remedies otherwise provided by law: (a) the court shall award to the plaintiff reasonable attorneys' fees and costs. . . . (b) the limitations imposed by Section 337.34 of the Code of Civil Procedure on the damages recoverable shall not apply . . . (c) the standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys' fees permitted under this section may be imposed against an employer". Welfare & Institutions Code § 15610.57 defines "neglect" as the negligent failure of any person having care or custody of an elder to exercise that degree of care that a reasonable person in a like position would exercise, and includes the "failure to protect from health and safety hazard". Civil Code § 3294(b) provides that an employer shall not be liable for punitive damages based upon acts of an employee unless the employer had advanced knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others, or authorized or ratified the employee's wrongful conduct, or was personally guilty of oppression, fraud or malice. With respect to a corporate employer, the authorization or ratification of an act of recklessness, oppression, fraud or malice must be on the part of an officer, director or managing agent of the corporation.