Elder financial abuse is a common problem that leaves older adults impoverished after decades of hard work. Often, it occurs at the hands of family members or other fiduciary parties.
Perpetrators may swindle money from a loved one in several ways, including forging checks, stealing funds and valuable property, and isolating their victim from friends or relatives. Specialized nursing home abuse lawyers can help victims pursue monetary compensation.
Advocacy
Many victims of elder financial abuse have no idea that someone is taking advantage of them until it is too late. That is why taking action as soon as you suspect abuse is essential. The first step in proving financial elder abuse is gathering evidence, such as bank statements and credit reports.
The perpetrators of elder exploitation are typically family members and, in particular, spouses and adult children. However, they may also be caregivers, neighbors, or best friends. Sometimes, a trusted person will isolate an elderly victim, leaving them alone and without family, or coerce the elder into changing their power of attorney, house deed, or will to benefit the abuser.
Other times, a stranger takes advantage of an older person through false or misleading marketing.
Legal Support
A significant part of what an attorney does is fight for the rights of an older client who is suffering from financial abuse. Many times, this work can be done without ever resorting to litigation. For instance, simply announcing to an elder that the attorney is investigating their case often gets property returned and stops the exploitation.
An attorney must also be wary of red flags. Paying close attention to an elder’s bank accounts and credit card statements can be a very effective tool. Having an objective third party review them is also beneficial.
An elder financial abuse attorney Portland, OR can also assist with putting in place safety measures to prevent future abuse. It may include assisting with a power of attorney with language to avoid misuse or advising an elder on recognizing pushy marketing tactics. An attorney can also help an elder contact victim advocacy groups and resources.
Detection
As people age, they are more susceptible to financial abuse. It can be done by trusted friends and family members or strangers who exploit an older person’s isolation to access their money.
Elders can also fall victim to scams or fraud from telemarketers and discount buyers clubs. Often, the perpetrators are close friends and family members.
A lawyer can help identify potential problems and intervene before it’s too late. They can work with Adult Protective Services and local financial institutions to resolve issues and alert law enforcement. When choosing a legal advocate, retaining one with experience prosecuting claims in your loved one’s county of residence is essential. Ideally, the attorney will be familiar with the superior court system in Los Angeles and San Diego counties, where most of California’s probate and guardianship cases are prosecuted.
Prevention
Many elder abuse cases involve family members or caregivers taking advantage of their responsibilities and a person’s vulnerable state. In a high percentage of those cases, it turns out that the perpetrator was someone the older individual had trusted.
Abuse can also take the form of forging signatures on financial documents or property transfers to steal assets. Discussing finances with loved ones and having an independent third party look at transactions is essential. Having a power of attorney and limiting access to credit cards and bank accounts can be helpful.
Relatives should be attentive to red flags, such as a sudden increase in credit card spending or checks that bounce. It is often easier to stop exploitation when it is discovered earlier. If a person is already a victim of abuse, an experienced lawyer can help to remedy the situation and recover damages. Local civil legal services programs can provide legal aid for free.