"Taking Anything from a Senior is Stealing. Period." Janet Berry, Deputy District Attorney on Financial Elder Abuse
"Access is Not permission." Janet Berry, Deputy District Attorney
We interview Janet Berry, Deputy District Attorney of the Santa Clara County Elder Fraud Unit.
What is Elder Financial Abuse? In California, elders are defined as persons 65 years and older. Under California law, elder abuse can be both criminal and civil.
Criminal elder abuse occurs where any person who violates any provision of law proscribing theft, embezzlement, forgery, or fraud of an elder and who knows or reasonably should know that the victim is an elder.
Civil law defines civil elder financial abuse as when a person or entity does any of the following:
1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder for a wrongful use or with intent to defraud, or both.
2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder for a wrongful use or with intent to defraud, or both.
3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an by undue influence. Undue influence means excessive persuasion that result in inequity. (Welfare & Institutions Code Section 15610.30)
Plus an "Aging in Place" interview with Jennifer Burkett
A Trusted Name in Silicon Valley since 1960.
A Respected Name in Real Estate since 1988.
Pat Kapowich, REALTOR®
Kapowich Real Estate, Certified Real Estate Brokerage Manager
Contact Pat Kapowich, The Santa Clara County Association of Realtors President's Choice Award Winner for 2013 at (408) 245-7700 and/or Pat@SiliconValleyBroker.com