How Stebner Gertler & Guadagni Helps Families Navigate Elder Financial Exploitation

Stebner Gertler & Guadagni helps families respond to elder financial exploitation by investigating what happened, tracing the missing money, and bringing civil claims against the people or institutions responsible. The firm focuses on elder abuse litigation, so families get a team that already understands the evidence, the deadlines, and the courtroom.

Milpitas is located in Santa Clara County at the southern end of San Francisco Bay, between San Jose and Fremont. Between work and commutes, many local families can't check on an aging parent's accounts as often as they'd like. The FBI's 2025 internet crime report put losses for Americans over 60 at $7.7 billion, and California seniors accounted for about $1.4 billion of it.

Families looking for elder abuse attorneys in Milpitas, CA, usually reach out after a drained account or a sudden will change. Here is how the process works, starting with what counts as exploitation.

What California Law Counts as Financial Elder Abuse

California treats financial elder abuse as taking, hiding, or using an older adult's money or property for a wrongful purpose, with intent to defraud, or through undue influence. The law protects anyone age 65 or older. The person responsible doesn't have to be a stranger and often isn't.

Exploitation shows up in a few common forms.

  • A relative or caregiver misusing a power of attorney or a joint bank account
  • Pressure on an older adult to change a will, trust, or beneficiary designation
  • Scams, predatory sales pitches, and fraudulent investments aimed at seniors

Warning Signs Families Often Miss

Missing money is the obvious sign. The quieter ones show up first. A parent who once talked freely about bills stops mentioning them. A new friend or caregiver starts controlling the phone and the mail. Unpaid utilities appear next to large, unexplained purchases.

Isolation deserves special attention. Exploiters often limit who can visit, since fewer visitors mean fewer questions.

Why Families Hesitate to Report a Relative

Most families wait too long, and the reason is rarely carelessness. When the person taking advantage is a sibling, a grandchild, or a caregiver, speaking up feels like accusing the family itself. A lawyer can step in as a neutral party and take some of that weight off.

How Stebner Gertler & Guadagni Builds a Case

Stebner Gertler & Guadagni handles elder abuse litigation and nothing else, and that focus shows in how its cases come together. Attorneys including Kathryn Stebner, Karman Guadagni, and Jonathan Gertler have spent decades on these claims, and the firm has recovered millions for families, including a $16.5 million settlement in an assisted living wrongful death case.

Financial cases start with records. Bank statements, property filings, and changes to wills or trusts get matched against a timeline of the older adult's health and care. A sudden transfer during a hospital stay tells a very different story than one made years earlier.

The firm's reach goes beyond individuals. It holds nursing homes, assisted living facilities, home health agencies, and hospitals accountable, so a claim can name an institution when staff or poor oversight played a part. California's Elder Abuse Act gives families a civil path to recover losses, and in qualifying cases it can allow attorney's fees and punitive damages.

Why Local Knowledge and Timing Matter

The firm handles cases throughout Northern California, lists Milpitas among its locations, and knows the Santa Clara County court system. Financial elder abuse claims usually allow up to four years, compared with two for physical abuse, but discovery dates and the older adult's capacity can change that clock.

What to Do in the First Week

  • Save statements, texts, emails, and legal documents
  • Ask the bank to flag unusual activity
  • Report concerns to Adult Protective Services or local police

Skip the confrontation, since a relative who learns they're under suspicion may move assets. Call a lawyer first.

Acting Early Protects More Than Money

Money can sometimes be traced and recovered, but trust takes longer to rebuild. If an older relative's finances feel off, a conversation with Stebner Gertler & Guadagni can show where things stand and what options exist.

Key Takeaways

  • Stebner Gertler & Guadagni helps families recover money lost to elder financial exploitation by tracing what happened and holding the responsible people or institutions accountable in civil court.
  • California law protects anyone age 65 or older from having their money or property taken wrongly.
  • The person taking advantage is often someone the older adult trusts.
  • Warning signs include isolation, someone new controlling the phone or mail, and sudden changes to wills or accounts.
  • Save records and talk to a lawyer before confronting anyone.