What are the 7 signs of elder abuse?
Abuse can happen to anyone, no matter the person’s age, sex, race, religion, or ethnic background. Learn about elder abuse, including the different types, how to recognize the signs, and where to get help.
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What to do if someone is being financially exploited?
WHAT SHOULD YOU DO IF YOU ARE A VICTIM OF FINANCIAL EXPLOITATION?
1
Talk to a trusted family member or friend.
2
Tell your bank.
3
Report it to your local police.
4
File a report with the FBI at IC3.Gov.
How do I prove financial elder abuse in Florida?
Elder financial abuse is much more common than you might think. In fact, it is probably more common than even the numbers will show. According to Consumer Affairs, about 3.5 million older adults are financially exploited each year. Still, millions of cases go unreported, partially because the perpetrators are not identified. There are also many cases that are never pursued simply because while the suspicion of elder financial abuse is justified, not enough evidence exists to pinpoint the responsible party or how the abuse took place.
Without these important elements, your case of financial elder abuse could be difficult to make. Here is what you need to know about how to prove elder financial abuse so that your loved one or their estate can start the road to financial recovery.
When most people think about elder financial abuse, they think of nursing homes or their employees scamming residents, or scammers contacting them by mail and phone to solicit funds. However, there are many other ways that the elderly can be financially exploited, including:
- Coercing an elder to sign a deed, will, or power of attorney through deception or undue influence
- Stealing money or possessions
- Forging an elder’s signature
- Using the elder’s property or possessions without permission
Essentially, anytime someone takes advantage of someone’s age and lack of mental acuity to profit for themselves is considered financial exploitation of the elderly.
Often financial abuse goes undetected until the elderly person being exploited has passed away. It may only be upon inspection and distribution of the estate that the abuse becomes noticed. By that point, it may be too late to identify the perpetrator and gather evidence.
It is important for families to be vigilant in monitoring the financial situations of their elderly. Have a third party be responsible for balancing bank statements and paying expenses so that discrepancies can be found and addressed quickly. If you suspect abuse, identifying it could be tricky and may require a complete review of all financial transactions over a period of time.
Before you can report financial elder abuse, you have to have some evidence that the financial exploitation occurred. There are a lot of elements of a case that must be present to prompt further investigation by the authorities and your elder financial abuse attorney. Missing any of these steps could be detrimental to your case.
You should not attempt to gather and present evidence of financial elder abuse on your own. Even if you know what types of evidence you need to gather and how to prove elder financial abuse, an experienced attorney has the resources and contacts to make quick work of the discovery process. Financial abuse attorneys do not charge up front, and you only pay for their services if you win a monetary judgment.
This is relatively easy. You will need to be able to prove the identity and age of the person who was financially exploited.
This is not as easy as it sounds. For example, imagine your loved one lives in a nursing home, and you suspect financial abuse. Who is legally responsible? Is the nursing home the suspect, or the orderly that stole a book of checks? Things can get tricky.
What is financial abuse of vulnerable adults?
Financial abuse covers a wide variety of activities, from mishandling finances to fraud, but may broadly be described as a violation of an individual’s rights relating to their financial affairs or assets.
Section 42(3) of the Care Act 2014 in England and section 197(1) of the Social Services and Well-being (Wales) Act 2014 in Wales define ‘abuse’ as including financial abuse, which covers:
The English Care and Support Statutory Guidance, which supports the Care Act 2014, cites examples of financial or material abuse as: “theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.”
Chapter 14 of the Care and Support Statutory Guidance to the Care Act 2014 is the English guidance to local authorities on safeguarding.
In Wales, the statutory guidance in relation to Part 7 (Safeguarding) of the Social Services and Well-being (Wales) Act 2014 is contained in volumes 1-6 of Working Together to Safeguard People.
Financial abuse is a form of domestic abuse under the Domestic Abuse Act 2021 (DAA 2021). It is referred to as ‘economic abuse’ and is defined in section 1(4) as ‘any behaviour that has a substantial adverse effect on B’s ability to:
The victim of economic abuse under the DAA 2021 must be a person who is ‘personally connected’ to the perpetrator which includes relatives and is widely defined to extend to step-relatives and first cousins.
For cross-border cases, it should be noted that the Scottish legislative regime is different.
Financial abuse includes but is not limited to:
- Controlling or coercive behaviour, sometimes taking place alongside physical abuse, can take the form of:
See Controlling or coercive behaviour: statutory guidance framework, published by the Home Office pursuant to section 77(1) of the Serious Crime Act 2015.
Although anyone can be the victim of financial abuse, people with care and support needs, such as those who have a long-term illness or condition, disability or impairment, are particularly at risk.
The following risk factors have been identified as being associated with elder abuse, but could equally apply to abuse of any adult:
Within institutions, abuse is more likely to occur where:
Further information can be found in A Strategy for Recognising, Preventing and Dealing with the Abuse of Adults at Risk (PDF), Bielanska & Solicitors for the Elderly (June 2019).
You should be alert to clients who are vulnerable to undue influence, undue pressure, coercion or duress and who may not have mental capacity to make decisions and provide you with true instructions.
A person may have capacity to make some decisions but not others, or their capacity may fluctuate over time, so you should assess capacity at the point of instructions and when a decision is being made or a transaction is undertaken by the client.
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What are signs of elder financial abuse?
Elder financial abuse occurs when someone steals money or other things of value from an older person. As people age, they may need the help of others to manage their finances and care for them. This is especially true in cases where someone has Alzheimer’s or dementia, as these conditions cause mental functioning to decline.
Unfortunately, elders may put their trust in people who do not have their best interest at heart. Whether it’s a relative, friend, or a caregiver, anyone may try to steal an elder’s finances in various ways.
Elder financial abuse may occur by:
- Coercing an elder to sign a document
- Forging an elder’s signature
- Using an elder’s property or possessions without permission
- Scamming an elder through fraudulent schemes
Financial abuse can be harder to spot than the other types of elder abuse as it may not physically affect the victim. In fact, elder financial abuse may go on for years before it’s finally caught.
The long-term consequences of elder financial exploitation can be devastating. Older Americans may lose their entire life savings and no longer be able to afford rent, nursing home care, or basic living expenses.
Financial abuse can also be emotionally destructive. In some cases, elders have become depressed or anxious after suffering from financial exploitation, according to the National Center on Elder Abuse (NCEA).
That said, there are ways you can take action against elder financial abuse. For example, you can report cases to Adult Protective Services (APS) or local law enforcement to pursue justice.
Any older person can suffer from elder abuse, but some are at a higher risk of financial exploitation than others.
Older adults with a greater risk of financial abuse:
- Are Isolated
- Have Alzheimer’s or Dementia
- Have a “New Best Friend”
Older adults with a greater risk of financial abuse:
- Are Isolated
- Have Alzheimer’s or Dementia
- Have a “New Best Friend”
Older people that do not have a good support network of trusted family or friends could be at a greater risk of abuse. If people are not checking up on an elder, financial abuse can go unnoticed for days, months, or even years.
The coronavirus pandemic made it much harder for older adults to see trusted loved ones, increasing the risks of financial abuse for many. Elders may not be able to identify a possible scam or know how to get help if they’ve been exploited.
Alzheimers and dementia limit a person’s ability to make decisions, think clearly, and care for themselves. Older people with these conditions are prime targets for elder financial abuse, as they may not be able to recognize or take action against it.
Over two years, three caregivers stole more than $300,000 from an elderly woman with dementia. This included selling her jewelry, using her social security checks for their own purposes, and draining her bank account. All three were later sentenced to several years in jail and ordered to pay back the money they stole.
Older people are often lonely. If they don’t have a spouse, good friends, or family close by, people with malicious intentions may try to befriend them and steal their money. Because of this, relatives should be on the lookout for new “friendships” an older person suddenly develops.