Trust Litigation – Financial Elder Abuse
What can I do? Who can I trust?
When older adults start to become physically and mentally frail, they often reach a point where they are unable to fully care for themselves independently. Depending on their own resources or those of their family, they may enter a long-term or senior living facility, bring a hired caregiver into their home on a full or part-time basis, or rely on a trusted family member to help with the daily tasks they can no longer manage on their own.
Unfortunately, this dependence creates opportunities for unscrupulous individuals to take financial advantage of those who are trusting them to maintain their well-being. When those acts of wrongdoing are uncovered—perhaps well after the fact—the family’s shock can be replaced with confusion and helplessness. What recourse is there when someone has been a victim of financial elder abuse? Where can the victim’s loved ones go for accurate advice on what to do next?
Who Is Required to Report Signs of Elder Abuse?
In California, the law designates staff in long-term healthcare facilities, community care facilities, and residential care facilities for the elderly as mandated reporters for elder abuse. Further, the law requires that these types of facilities provide training for their staff in recognizing the signs of such abuse and the procedures for reporting suspected instances of abuse. Financial abuse is included in the list of reportable crimes.
The law also states, “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation” is also a mandated reporter. This definition can easily be interpreted to include family members or in-home caregivers of any kind. In practice, however, outside of an institutional care arrangement it may be difficult to have reliable oversight of a caregiver’s actions, and it is less likely that they will receive formal training on the signs of abuse.
This means it is often up to other family members or friends to spot indications that someone is the victim of financial elder abuse—someone taking or helping to take their property for wrongful use or an intent to defraud them. These can include:
- Important materials such as checkbooks or legal documents disappear.
- Bills go unpaid when the victim has money to pay them.
- Unusual activity in bank accounts, especially when it is clear the victim cannot
have been responsible (for example, ATM withdrawals when the victim is
housebound). - Unusual purchases or, alternatively, valuable personal items going missing.
- Use of a “representative payee” to manage Social Security benefits under
suspicious circumstances. - Unexpected changes in who has power of attorney or the establishment of a
conservatorship when it is not clearly indicated by the circumstances. - Isolation or gatekeeping that prevents the victim from freely communicating with
family or friends outside of the abuser’s presence. - Unexplained changes in behavior or routines.
If the family suspects that somebody in a position of influence or trust is taking financial advantage of their loved one, it’s important to seek legal help as soon as possible. Perpetrators can be subject to criminal penalties, and it can be possible to undo alterations to a victim’s estate plan that were obtained under duress, through coercion, or when the victim lacked testamentary capacity.
Providing Expert Guidance to Resolve Cases of Financial Elder Abuse
If you’re overwhelmed with anger and shame at discovering that someone your elder loved one trusted took advantage of them instead, the expert attorneys at NM Law can help. We understand the law surrounding financial elder abuse and can provide personalized guidance depending on the individual circumstances of your case. Whether your family prefers to pursue a private resolution to the matter through mediation or litigation is necessary to right the wrong that has been done, our experienced litigators will provide the vigorous representation you need. To schedule a free consultation, contact us here today.
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