Legal BytesTM

FinancialElderAbuse

As District Attorney, I was often called upon to review cases of criminal mistreatment involving victims over 65 years of age. Under such circumstances, the crime is also known as “elder abuse.” Some cases were easy to prosecute, because the evidence was clear that a caretaker or family member had physically abused or neglected an elderly person. Other cases were not as easy, and often, the most difficult cases to prove involved instances of financial abuse.

Financial elder abuse can involve fraud and theft. It can be difficult to prove, because suspects may assert that they did not steal from their victims, but rather, that their victims gave them cash or checks to “help them out.” I recall one case in particular, where a caretaker repeatedly wrote herself checks for $1,000 to $3,000 on her victim’s bank account. She claimed her victim insisted on giving her the money, told her to write the checks, and then signed them. This criminal’s victim suffered from dementia, and could not recall anything about the checks. He indicated he might have wanted to give her the money, but was not sure. The victim then passed away before the case was tried. Without the victim’s testimony or even presence in the courtroom to show his extreme vulnerability to undue influence, there was insufficient evidence to meet the high burden of proof required for a criminal conviction.

Even worse than any single instance of elder abuse is the fact that criminals involved in committing acts of financial elder abuse often strike more than once: in fact, some people make a career of moving in with vulnerable adults, one after another, for the sole purpose of stealing from them.

What can you do? First, all persons should have a plan in place appointing someone to manage their property in the event of their own incapacity. Do you know what will happen to you if you were no longer able to make health or financial decisions for yourself? Would a court proceeding be required or do you have a comprehensive estate plan in place that includes a plan for your incapacity? Second, if you suspect elder abuse, contact your local law enforcement agency or an elder law attorney for advice. And finally, remember that at a minimum, persons can apply for an elder abuse restraining order. This special restraining order is available at your local courthouse and is also printable from our website at www.assetprotectionfirm.com.