California Elder Financial Abuse Statute of Limitations: Four Years Under W&I Code § 15657.7
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
An action for damages for financial abuse of an elder or dependent adult must be commenced within four years after the plaintiff discovers, or through the exercise of reasonable diligence should have discovered, the facts constituting the financial abuse.
Source: California Welfare and Institutions Code section 15657.7 (as of August 31, 2026).
What the statute says
Section 15657.7 is part of the Elder Abuse and Dependent Adult Civil Protection Act. Like the fraud provision in Code of Civil Procedure section 338(d), it writes the discovery rule directly into the statute rather than leaving it as a judicial gloss — the four years run from discovery of the facts, not from the transaction.
This matters because elder financial abuse is characteristically concealed and frequently comes to light only when a family member reviews accounts, or after the elder's death. A transfer made six years before filing can still support a timely claim if the facts were not reasonably discoverable earlier.
When the clock starts
Discovery is of the facts constituting the financial abuse, assessed on a reasonable-diligence standard. Where the elder lacked capacity, the analysis of what they should have discovered is fact-intensive and interacts with the incapacity tolling in Code of Civil Procedure section 352.
Note that section 15657.7 addresses financial abuse. Physical abuse and neglect claims under the Act are not governed by this four-year discovery period and generally take the two-year personal injury period in section 335.1 — a distinction that catches practitioners who assume one deadline covers the whole Act.
Key exceptions and tolling
- Physical abuse and neglect differ.Section 15657.7 addresses financial abuse. Physical abuse and neglect claims under the Act generally run on the two-year personal injury period in Code of Civil Procedure section 335.1.
- Death of the elder.Where the elder has died, Code of Civil Procedure section 366.2 can compress claims against the decedent to one year from death; claims by the estate against third parties are analyzed separately.
- Incapacity.Code of Civil Procedure section 352 tolling for lack of legal capacity can apply alongside the statutory discovery rule.
- Parallel fraud and undue influence counts.Fraud claims on the same facts run under section 338(d) at three years from discovery, expiring earlier than the four-year elder abuse period.
- Institutional defendants.Claims against a public-entity facility remain subject to Government Code claim presentation, which is far shorter.
Frequently asked
How long do you have to sue for elder financial abuse in California?
Four years after the plaintiff discovers, or through reasonable diligence should have discovered, the facts constituting the financial abuse, under Welfare and Institutions Code section 15657.7. This is general information, not legal advice.
Does the same four-year period cover elder neglect in California?
No. Section 15657.7's four-year discovery period addresses financial abuse. Physical abuse and neglect claims under the Elder Abuse Act generally take the two-year personal injury period in Code of Civil Procedure section 335.1.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Welfare and Institutions Code section 15657.7 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.