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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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Male Victim of car accident suffers serious mental disorders

Customer Question

Male Victim of car accident suffers serious mental disorders as a result; settles PI case; expects decent pay off; female (age 54) separated from her husband and male (age 64) meet and begin to date; female going thru an ugly divorce from her now ex; male turns 65; female borrows money (around $50,000) from male victim with promise to pay back; female never repays; female refuses to sign contract to repay.
Male about to start lawsuit to collect, but considering other
Potential claims -- Elder abuse; abuse of disabled person???
Orange County California.
Submitted: 3 months ago.
Category: Legal
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about this situation.

Yes, adding in claims of "Financial Abuse of an Elder" is very commonly done and is almost routine for any plaintiff over the age of 65 (the plaintiff was over 65 at the time of lending the money).

Financial abuse of a dependent adult doesn't sound like it matches up here (dependent adults are those who cannot manage their own funds, cannot maintain their own activities of daily living, etc.), and pleading this if you plan on representing yourself may create problems (it creates a question as to how you can be both "dependent" with the ability to manage your funds, but fully capable to prosecute your civil litigation in unlimited civil court, the same thing arises with the elder abuse issue above, but is commonly overlooked).

You can even throw in a cause of action for "fraud" if you like.