Council on Aging Answers 2016 - 74

Elder Financial Abuse
Restitution: Do You Qualify?

FINANCE & LEGAL

COUNCIL ON AGING - ORANGE COUNTY

Every year, hundreds of thousands of seniors become victims of financial abuse. Their losses can
range from a few hundred dollars to hundreds of
thousands to even millions. Under certain circumstances, a victim may receive special compensation,
known as restitution, through the aid of law enforcement, civil litigators, also known as attorneys, or certain government victim funds.
The California Constitution's Victim's Bill of
Rights states: "All persons who suffer losses as a result of criminal activity have the right to seek and secure restitution from the persons convicted of crimes
causing the losses they suffer."
Restitution is not possible in all circumstances but
there are options to help victims of financial abuse
navigate the system so that if there is a chance for
restitution that opportunity won't be missed.
What Is Restitution?
Restitution is the money you can get back from a
person who wrongfully took property or funds from
you. When a court of law determines that there has
been a wrongful taking the court will decide the
amount of restitution.
A Restitution Order, issued by the court, becomes
a debt owed to a victim by the perpetrator. In a
criminal trial, the courts must order full restitution
unless it finds compelling and extraordinary reasons
not to do so and states those reasons for the record.
A perpetrator's inability to pay cannot be considered
as a compelling or extraordinary reason to dismiss
restitution. Restitution may include the following:
n Value of stolen or damaged property
n Medical and dental expenses
n Mental health expenses
n Interest on lost wages or profits
n Relocation expenses
n Retrofit expenses for a residence or vehicle
n Reasonable attorney's fees and other costs of
collection incurred by a private entity on behalf of
the victim
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Answers Guide 2016	

n Funeral/burial expenses
n Rehabilitation expenses and loss of support
Who Can Receive Restitution?
Under the Victim's Bill of Rights in the California
Constitution, a "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted
commission of a crime. The victim's family members
may also be eligible for restitution if the victim has
already passed away.
The victim has access to legal resources to help enforce the restitution including, but not limited to:
n Use of wage garnishments and lien procedures
n Information regarding the defendant's assets
n Defendant's financial records

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Council on Aging Answers 2016 - Intro
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