When a family member or loved one is subjected to financial abuse or undue influence, you must report the behavior to your local Adult Protective Services agency or long-term care ombudsman. Also, consider contacting an elder law attorney familiar with your county of residence.
Communication Skills
Elder abuse can include physical pain and injury, psychological distress (yelling, swearing, intimidating, humiliating, blaming, or scapegoating), emotional neglect, undue influence, and financial exploitation. Often, this abuse goes unnoticed and is masked by symptoms of mental deterioration or dementia.
Elders who are isolated and rely on others for care are at a greater risk of being exploited. Those who are indigent, widowed, or disabled are also more likely to be victimized.
The best way to protect an elderly loved one from exploitation is to hire an elder financial abuse attorney Portland OR, immediately. An experienced lawyer will know the tactics to use, including private investigators, auditing a facility’s e-mail communications, and tracking down and interviewing former facility employees. A good lawyer will ensure you understand the process and be accessible to answer your questions at all times.
Legal Knowledge
Many elders are defrauded by people they trust, such as a family member who forges an elder’s signature to change a will or steal property. The abuser may also use a power of attorney to steal funds or make financial transactions that the elder could not have made alone.
An elder abuse attorney will know the law regarding this type of crime. They will be familiar with the laws relating to special needs trusts and estate planning, Medicare, Medicaid, long-term care insurance, heirship, guardianship, exploitation, nursing home negligence, wrongful death, and civil damages.
While the criminal court will require the perpetrator to repay your loved one monetarily, the victim’s attorney can pursue additional monetary compensation from civil courts for civil damages. This will help the victim recover without compromising their financial stability.
Experience
Elders are targeted by financial fraudsters daily, especially those who live in assisted living and nursing homes. These elders have worked hard to accumulate savings and assets that can be easy targets for nefarious characters. A bogus lawyer, friend, or family member can steal a senior’s property by convincing them to sign over their home and other investments. These crooks will even change an elder’s power of attorney and will to their benefit. An experienced elder abuse lawyer knows how to find evidence of financial exploitation and how to present it in court to get your loved one the money or property they deserve. They also have a strong track record of winning client settlements and verdicts.
Time
Often, elder abuse is theft or fraud by a trusted family member or friend. These crimes can be difficult to report because the victims are often too embarrassed or loyal to their abusers.
If a loved one is the victim of financial elder abuse, you should notify your local Adult Protective Services agency. This office will investigate the incident and may prosecute the perpetrator if there is enough evidence.
An elderly abuse attorney will help you gather and present this evidence in court, so your loved one can receive compensation for their losses. They will also educate you on the warning signs of scams and fraud. This will prevent the abuse from happening again in the future.
Availability
Frequently, the perpetrator of elder financial abuse is a family member. They use lies, isolation, and fear to coerce their victim into handing over their money and property. This can include stealing cash, unauthorized withdrawals, misuse of credit cards, and scams. Perpetrators can also coerce their victims into changing their estate planning documents to benefit them through undue influence. This can result in them receiving a substantial portion of the victim’s assets while disinheriting their children and other heirs. An experienced attorney can help you gather evidence, prepare the case and file a complaint against the perpetrator. They will also assist you in recouping any financial damages through arbitration, settlement, or court proceedings.
