If you suspect that elder financial abuse or exploitation has occurred, contact your local Adult Protective Services agency. The Elder Justice Initiative of the U.S. Department of Justice also contains support resources by state.
Any unauthorized (or fraudulently obtained) use of an elder’s money or property is considered a violation of California’s financial elder abuse law.
Here are some steps to consider taking:
What is Financial Exploitation of the Elderly? Some examples include cashing an elderly person’s checks without their knowledge or permission, forging their signatures, deceiving them into signing certain documents or making withdrawals without permission from their bank account with the elderly person’s ATM card.
(7) The term “exploitation” refers to the act or process of taking advantage of an elderly person by another person or caregiver whether for monetary, personal or other benefit, gain or profit.
Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone. Relay your concerns to the local adult protective services, long-term care ombudsman, or the police.
If you want to report elder financial abuse, contact your local county APS Office (PDF). Abuse reports may also be made to you local law enforcement agency.
If your state mandates reporting, most medical care providers have an obligation to report suspected elder abuse. If they fail to report potential abuse, they can be liable for any injuries and damages the victim may later suffer.
The Senior Consumer Protection Act, which helps shield seniors from financial predators. It allows senior consumers—individuals 60 years of age or older—to seek legal action against individuals who knowingly and unscrupulously obtain control of seniors’ assets and property.
What Can I Do If Someone Is Taking Advantage of an Elderly Family Member?
How do I prove financial elder abuse?
“Exploitation” refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal, or other benefit, gain, or profit.
Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than
What Can You Do if a Family Member Is Taking Advantage of Elderly Parents?
If you suspect someone of being financially abused, there are several actions you can take: Report the possible crime by calling your local Adult Protective Services and state attorney general’s office. File a police report. Explore options at your local probate court if your state has such courts.
Fiduciary abuse occurs when one person has been legally entrusted with managing the assets or interests of another, and uses their authority in an illegal or unethical manner for personal gain. It is not uncommon for family members who also are acting in these capacities to commit fiduciary abuse.