How Can I Protect My Parent with Dementia from Financial Scams in California?

What Legal Options Exist to Protect a Parent with Dementia?

When a parent with dementia is being financially exploited through a romance scam, California law treats this as elder financial abuse — a serious matter with both civil and criminal remedies. The fact that your mother refuses help does not mean you are powerless. Under Cal. Prob. Code § 1800, any interested person may petition the court for appointment as conservator when an individual cannot properly provide for their personal needs or manage their finances.

According to the FBI's Internet Crime Complaint Center, romance scams caused over $1.3 billion in losses in 2023 alone, with adults over 60 losing an average of $9,000 per incident — though many cases involve losses far exceeding that figure. California's Department of Justice reports that 1 in 10 older adults experiences some form of elder abuse.

How Does a Conservatorship Work in California?

A probate conservatorship gives you legal authority over your mother's finances and personal care decisions. The process under Cal. Prob. Code § 1820 involves:

• Filing a petition in the superior court of the county where your mother resides
• A court investigator interviewing your mother and filing a report
• A hearing where the judge evaluates her capacity
• Medical evidence from a licensed physician documenting the dementia diagnosis

The court may grant a temporary conservatorship within days if there is an immediate risk of financial harm, which appears to be the case here. Review our California divorce and family law resources for court contact information and filing guidance.

What Should You Report and to Whom?

You should take multiple steps simultaneously:

1. Report to Adult Protective Services (APS): California mandates APS investigation of elder abuse reports. Call your county APS office or the statewide hotline.
2. File a police report: Under Cal. Penal Code § 368, elder financial abuse is a felony when the loss exceeds $950, carrying 2–4 years in state prison for the perpetrator.
3. Contact her bank: Under Cal. Fin. Code § 15630.1, financial institutions have a duty to report suspected elder financial abuse and can place temporary holds on suspicious transactions.
4. Notify the FBI's IC3: Romance scams often involve international criminal networks, making federal reporting essential.

The California divorce checklist process parallels conservatorship in requiring organized documentation — gather bank statements, phone records, and screenshots of communications.

Can Doctors Help Establish Incapacity?

A formal capacity evaluation from a neurologist or geriatric psychiatrist carries significant weight in conservatorship proceedings. Under Cal. Prob. Code § 811, the court evaluates specific cognitive deficits including the ability to understand and appreciate the consequences of financial decisions. If her current doctors are not taking this seriously, you have the right to seek a second opinion from a specialist in geriatric medicine.

Studies show that individuals with even mild cognitive impairment are five times more likely to fall victim to financial exploitation than cognitively healthy older adults.

What About a Less Restrictive Alternative?

California courts prefer the least restrictive intervention. Before or alongside a conservatorship petition, consider:

• Power of attorney: If your mother has lucid intervals, she may execute a durable power of attorney, though this requires her voluntary consent
• Representative payee: For Social Security benefits, you can apply through the SSA
• Limited conservatorship: The court can restrict authority to finances only, preserving her personal autonomy

Learn more about protecting assets in our guide to financial planning during major life transitions. For legal terms you encounter during this process, our legal glossary can help clarify unfamiliar concepts.

What Is Your Immediate Next Step?

Consult an elder law attorney who handles conservatorships — many offer free initial consultations. Time is critical because every day increases the financial damage. You can find an attorney in your area who specializes in elder law and financial abuse cases. Document everything: save screenshots, print bank statements, and keep a timeline of behavioral changes. This evidence will be essential whether you pursue conservatorship, criminal charges, or both.