Q: is it illegal to persuade a person with an intellectual disability to cosign for a car loan he won’t be driving?
The person who persuaded him to take the car loan also persuaded him to deposit his paycheck in her bank account.
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- California
- (916) 704-3009
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- Answered
A:
What you're describing appears to be financial exploitation, which is illegal under California law. Taking advantage of someone with an intellectual disability to obtain loans or gain control of their finances constitutes elder/dependent adult abuse, which can result in both criminal charges and civil penalties.
The specific actions you mentioned - having someone with diminished capacity cosign a loan they don't benefit from and redirecting their paycheck - are forms of financial abuse. California Welfare and Institutions Code Section 15610.30 explicitly prohibits taking or obtaining control of a dependent adult's money or property through undue influence or fraud.
You should report this situation to Adult Protective Services (APS) in your county. They handle cases of financial exploitation and can connect the victim with resources for protection and recovery. The person responsible could face serious legal consequences, including possible felony charges. Additionally, contact the bank to report the unauthorized account access and work with them to secure the victim's funds.
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