Estate Planning

Someone Online Is Draining Your Parent's Savings. What Can You Actually Do?

July 31, 2026 MVP Law Group Editorial Team 8 min read
An adult daughter and her elderly mother reviewing bank statements together at a kitchen table

In a single week this summer, our office received two separate calls that told the same story. A concerned niece made the first one. A granddaughter made the second. In both families, an older relative had met someone online. The photos showed a young, attractive person. The messages were warm, attentive, and constant. And now, weeks or months later, money was leaving the account by wire, by gift card, and by cryptocurrency kiosk, headed somewhere no one could name.

Both callers asked the same question: we want to step in, so how do we do that?

The honest answer is one of the hardest things we explain, and one of the most important. This article walks through what is really happening, what California law lets a family do today, where the legal lines sit, and the preparation that decides how this story ends for your family next time.

The short version: No legal document can stop a competent adult from making a bad financial decision, including sending money to a scammer. What the law can do is prepare for the day a person can no longer protect themselves. A durable power of attorney, a living trust with clear incapacity terms, trusted contacts at the bank, and regular plan reviews mean someone you chose is already authorized to act on the day it matters.

Why smart, capable people fall for romance scams

The first thing to let go of is the idea that this only happens to foolish people. It does not. Romance scams are run by organized, professional operations that work from scripts refined on thousands of victims. They study loneliness the way an actuary studies risk. Americans over 60 reported almost 4.9 billion dollars in fraud losses to the FBI in 2024 alone, and the bureau itself believes the real number is far higher, because embarrassment keeps most victims silent.

The pattern is remarkably consistent:

Understanding the script matters because it changes the conversation you are about to have. Your parent has not been stupid. They have been targeted by professionals, and they are likely being actively coached against you right now.

What you can do today, while your parent is competent

California law starts from a principle most families only discover in moments like this one: every adult is presumed to have the capacity to make their own decisions, including decisions the rest of the family believes are terrible. That presumption protects all of us from being overruled by relatives who disagree with how we spend our money. It also means that while your parent has legal capacity, you cannot freeze their accounts, block their transfers, or take over their finances, no matter how obvious the scam looks from the outside.

What you can do is real, and it is worth doing today:

For the full step by step version of this list, use our free California Family Scam Response Plan. It is written to be printed and shared at a kitchen table.

Where the legal line sits, and when it moves

Everything above respects your parent's autonomy. The law offers stronger tools only when one of two things becomes true.

If your parent loses capacity

Capacity is not all or nothing, and it rarely announces itself. But when illness, injury, or cognitive decline reaches the point where a person can no longer understand and appreciate their financial decisions, the documents they signed while well begin to work:

If those documents were never signed, the family's remaining path is a conservatorship: a public court proceeding to take away some of a person's rights and hand them to someone else. It works, and in a true emergency California courts can appoint a temporary conservator on a compressed timeline to stop the bleeding. But it is slower, more expensive, more adversarial, and more painful than any of the alternatives your parent could have signed in an afternoon. Our overview of conservatorship alternatives is exactly where a worried family should start, and our article on avoiding a conservatorship before it is too late explains the timing.

If someone exercised undue influence or abused a position of trust

California law defines financial elder abuse broadly. Welfare and Institutions Code section 15610.30 covers taking or retaining the property of anyone 65 or older by fraud or undue influence, and the law provides real civil remedies, including attorney fees in appropriate cases, along with criminal exposure for the abuser under Penal Code section 368. Where an overseas romance scammer is usually beyond practical reach, these tools matter enormously when the influence is closer to home: a new companion who became a caregiver, a helper who became a joint account holder, or anyone who used access and trust to move money their way.

The part nobody wants to hear, and the part that helps

Here is the sentence we say gently on these calls: if your parent is competent, you may not be able to stop this one. That is painful, and it is also not the end of the story. Because the same week that teaches a family how little control they have is the week to change what happens next time, for your parent and for you.

Estate planning cannot stop a competent person from making a bad financial decision. What it does is prepare for the day when someone is no longer able to protect themselves:

That is the whole idea behind the campaign this article belongs to: fraud prevention starts with awareness, and estate planning starts with preparation. Awareness protects your family today. Preparation protects it on the day awareness is no longer enough. Our guide to the Fraud Ready Estate Plan walks through all five safeguards, with a printable worksheet for naming trusted contacts and fiduciaries.

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This article is for informational purposes only and does not constitute legal advice. Every family's circumstances are unique, and the information reflects California law as of 2026. Attorney Advertising. Contact MVP Law Group for guidance tailored to your family.

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