Serbin and Carmeli are the trusted, expert attorneys to represent and advocate for elder abuse victims in Orange County.

Are You Concerned That Your Loved One Is An Elder Abuse Victim?

Elder abuse is the mistreatment of an elderly person, usually by someone known to the senior.  This includes financial abuse, physical abuse, emotional abuse, and neglect. Elder abuse happens everywhere –– in poor, middle class, and upper-income households. It is a problem that has no demographic or ethnic boundaries. Because family members or close friends of the senior are often the culprits of financial, physical, and emotional abuse, this abuse is often difficult to discover and to accept. Our California Legislature has drafted numerous laws to address elder abuse.

Types of Elder Abuse

  • Financial Elder Abuse

    Financial elder abuse is essentially the wrongful taking of an elder or dependent adult’s real or personal property without the intent to return it.   As with other forms of elder abuse, this type of abuse generally happens “behind closed doors”, and is often difficult to prove.  In addition to other forms of intervention, i.e., contacting the police and adult protective services, the California Legislature has created many civil remedies to enhance the protection of elderly and dependent adults.

    They include but are not limited to:

    • Damages for the lost real or personal property
    • The imposition of a constructive trust on property that was taken from the elder
    • Double damages under the Probate Code if the Plaintiff establishes that the abuser acted in bad faith
    • Disinheritance from sharing in recovered assets (if the abuser is an heir of the abused decedent)
    • Attorney’s fees, if the Plaintiff prevails on the elder abuse action
  • Physical Abuse

    Physical abuse of an elder or dependent adult generally means any of the following:  (a) assault; (b) battery; (c) assault with a deadly weapon; (d) unreasonable physical constraint, or prolonged or continual deprivation of food or water; (e) sexual assault; (f) lewd acts, and  (g) use of a physical or chemical restraint.

    Non-criminal remedies that a court may impose for the physical abuse of an elder include:

    • Restraining Orders
    • Damages for personal injury
    • Attorney’s Fees
    • Punitive damages
  • Neglect

    The neglect of an elder or dependent or disabled adult is essentially the negligent failure of any person having the care or custody of the elder, dependent, or disabled adult to exercise that degree of care that a reasonable person in a like position would exercise. This includes but is not limited to the failure to assist with activities of daily living such as personal hygiene, toileting, bathing, grooming; or in the provision of food, clothing, or shelter; failure to provide medical care to meet physical and mental health needs; failure to protect from health and safety hazards; and failure to prevent malnourishment or dehydration.

Why Hire Serbin & Carmeli for Financial Elder Abuse Litigation?

The attorneys at Serbin & Carmeli are especially well-versed in financial elder abuse litigation.  If you need the assistance of an experienced trial attorney for a financial Elder Abuse action, contact the trial attorneys at Serbin & Carmeli. We will ensure that you receive the expertise, attention, and dedicated representation you need for this difficult time in your life.

Past Results for Clients: Elder Abuse

Conservatorship and Elder Abuse

  • Facts: Nephew of elderly woman who was frail and legally blind got aunt to sign a power of attorney by which he transferred her house into his own name.  He then moved her personal property to his home in Arizona.  Howard tried case on behalf of County Public Guardian, seeking to recover the property.  Aunt was not mentally competent to testify.
  • Result:  Howard prevailed; court ordered the house put back in aunt’s name and her personal possessions returned. 

The photographs displayed on this website were purchased via contract with “Shutterstock” and are not photos of actual clients.  The trial results listed above reflect work performed by Howard Serbin while at County Counsel.  The results on this page do not constitute a guarantee, warranty or preduction regarding the outcome of your legal matters.

We see clients from all over Orange County, including: Aliso Viejo, Anaheim, Brea, Buena Park, Cerritos, Chino Hills, Corona, Corona Del Mar, Costa Mesa, Cypress, Diamond Bar, El Toro, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Mirada, La Palma, Laguna Hills, Laguna Woods, Lake Forest, Lakewood, Long Beach, Los Alamitos, Newport Beach, Newport Coast, Placentia, Santa Ana, Seal Beach, Sunset Beach, Surfside, Tustin, Villa Park, Walnut, Westminster, Whittier and Yorba Linda.  We can also  arrange to meet clients in Los Angeles, Riverside and San Bernardino Counties.