Legal Question in Elder Law in California

When my father was in mid-stage Alzheimers a store took his credit card numbers and double billed his credit cards for months, when I came to be his caregiver and pay bills I found out what this Retailer was doing and reported him to the Police. The Credit Card company called it fraud after a lengthy investigation and returned almost $3000 to him. Dad died in December and I'm getting his papers ready for taxes and going through credit card statements and finding more double charges at an earlier date. Isn't this considered Elder Financial Abuse under the Elder Abuse and Dependent Adult Civil Protection Act. Can I bring a civil suit against this Retailer, my mother is still alive and was also on this Credit Card but not the Primary Account Holder. When my dad was alive he did not understand what was going on when the police became involved so I dropped it as he was embarrased that he could be taken advantage of.

Asked on 3/02/11, 4:22 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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You have what appears to be a good lawsuit (and your attorney fees would be paid or reimbursed by the defendants). Your mother could be a plaintiff in her own right, and the executor or administrator of the estate, if there is one, could sue for wrongs committed against your father when he was alive. It might even be worth opening a probate case just for this purpose. Watch out for legal time limits.

Answered on 3/02/11, 4:29 pm

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