Financial elder abuse is one of the fastest-growing areas of law, affecting one of the most vulnerable sectors of our society. We have successfully prosecuted and defended hundreds of financial elder abuse cases. We can help you address any wrongdoing or clear the air of misconceptions.
Financial elder abuse is the process of taking advantage of an elderly individual to benefit from their monetary resources. It can involve everything from simple forgery to psychological coercion. Amongst family members, financial elder abuse is a common element of trust disputes, conservatorship disputes, and will disputes. Examples of financial elder abuse can include:
We often work with clients who have seen a parent or other elderly loved one suddenly make an unusual and drastic change to their financial situation or estate plan (i.e. will or trust beneficiaries), giving preferential treatment to one suspicious individual and adversely affecting their own well-being and their other lifelong loved ones. If you suspect a loved one is being victimized, we can help.
Unfortunately, people can exploit elderly individuals for the sake of their own personal financial gain, and often, these individuals do not have the support to defend themselves. Our lawyers can support you in bringing a financial abuse claim, defending against financial abuse claims, and defending financial abuse victims. Our financial elder abuse attorneys offer guidance in all of the following areas and more.
Vulnerable individuals can be at risk of exploitation due to age, mental incapacity, or health concerns. In these cases, it’s important that they have appropriate support to prevent them and their assets from being taken advantage of. At RMO Lawyers, we’ll take steps to protect elderly individuals by coordinating legal needs and providing fair legal representation.
Financial exploitation can occur through avenues like using an elderly individual’s credit cards or benefits, tricking them into providing financial information or pressuring them into investment schemes. Our financial elder attorneys can help hold perpetrators accountable and bring restitution to victims of exploitation by navigating the appropriate legal processes.
Both guardianship and the power of attorney give a representative the ability to make legal decisions in the best interests of an elderly or incapacitated individual. However, situations arise where a representative may abuse this position by using an elder’s funds without consent. An elder abuse attorney can provide guidance in proving and rectifying these concerns.
Fraud and deceptive practices can include tricking an elderly person into providing money for personal gain under the guise of a legitimate financial concern. A financial elder abuse lawyer can help prove fraud and instances of deception to protect the assets and well-being of an elderly individual.
Trustees and executors have the responsibility of allocating an individual’s assets to the appropriate beneficiaries, called fiduciary duty. If these assets are mismanaged or these parties neglect the needs of an elderly individual, they may be breaching their fiduciary duty. An elder abuse lawyer can assist victims in seeking restitution from a trustee or executor.
In cases of financial elder abuse, a victim may lose important assets due to the actions of the perpetrator. However, recovering these assets requires extensive evidence to identify and convict the perpetrator at fault. An experienced lawyer can assist in building a case to return assets to the rightful party and restore a sense of financial security.
Navigating the legal process is challenging for anyone, and doing so alone can lead to misunderstandings, further exploitation, and unfulfilling outcomes. Financial elder abuse lawyers from RMO will advocate on an elderly individual’s behalf while championing their rights, providing invaluable support in navigating legal processes and promoting their best interests.
Is your loved one the victim of financial elder abuse? RMO can protect the rights of vulnerable individuals with personal and efficient service. Let us help you take the necessary steps to secure justice for your family.
With so many instances where elder abuse can occur, there are several disputes that can arise and require the support of an experienced attorney. At RMO Lawyers, we use our extensive expertise surrounding elder abuse law to provide guidance through all the following disputes and more.
At RMO Lawyers, our litigation team may provide support in all the following scenarios.
A financial elder abuse attorney plays an important role in supporting elders in litigation to pursue justice for the wrongdoing they experience. The litigation process includes the following steps.
The first step in financial elder abuse litigation is pursuing a capacity assessment. This assessment helps determine whether an individual was of sound mind at the time of the alleged exploitation. An attorney helps to facilitate this assessment and advocate for the rights of individuals undergoing this process.
During the civil litigation process, the victim or a legal representative seeks damages or restitution for the wrongdoing they experienced at the hands of the perpetrator. This process involves presenting evidence to highlight the instances and damages of the case of elder abuse. An attorney will provide support in building a case by exchanging relevant documents, records, and information to support these claims.
In cases where an elderly victim of financial abuse has lost money, the final step is seeking restitution and recovery of their lost money or assets. Asset recovery comes with several challenges, as it requires proving the record of abuse by the perpetrator as well as documentation and evidence of the losses. Attorneys will pursue a legal route to restitution for victims while offering support in tracing and recovering misappropriated assets through legal means.
There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can become overwhelming for victims and families. At RMO Lawyers, we protect clients faced with difficult elder financial abuse situations every day.
Your relationship with your elder financial abuse lawyer is the most important thing to consider when choosing an elder financial abuse lawyer. You must choose a lawyer who understands you, your family, its dynamics, the psychological issues that often come into play, and communicates clearly, sets firm boundaries, has proven experience, and is strategically able to prosecute your claims in your loved one’s county of residence.
It is imperative that your elder financial abuse attorney has the experience to stop the abuse, protect your family, and help ensure those responsible are held accountable. We are those lawyers. Let us help you.
Cases of financial elder abuse can include several interested parties, from trustees and administrators to spouses. With the complexities of financial elder abuse and the risks involved, several parties can benefit from the support of a financial elder abuse attorney in the process.
Trustees oversee assets held within a trust and are legally bound to act in the beneficiary’s best interest. A trustee can pursue legal action in cases where they suspect financial exploitation of an elderly individual and their trust. That said, there are also occasions where concerned parties may suspect trustees of engaging in financial misconduct themselves.
At RMO Lawyers, we represent individual trustees, professional private fiduciaries, and trust companies to help them understand and execute their duties and responsibilities as trustees, including those that pertain to financial elder abuse.
An executor or administrator is an individual designated by the court to handle the financial matters of someone who has passed away. If you’ve been assigned as an administrator or executor, you have the right to pursue legal action for financial exploitation on behalf of the deceased’s estate.
However, there are also instances where concerned parties may suspect administrators of engaging in financial misconduct. An experienced elder abuse lawyer can support executors in both navigating legal proceedings for financial exploitation and developing a defense against claims of elder abuse.
In many cases, the victims of financial abuse are not only the elders or dependent adults themselves. The victim’s family members, heirs, and beneficiaries can all suffer from having a rightful inheritance stolen by an abuser.
Perhaps your loved one has been swindled or coerced out of money or property by an abuser before death, leaving your inheritance impaired. RMO represents beneficiaries and heirs in prosecuting cases and seeking restitution for fraudulent activities so they can obtain their rightful inheritance.
Conservators and guardians are responsible individuals chosen by the court to make choices on behalf of incapacitated adults. Being a “conservator of the estate” grants the authority to manage the financial matters of the incapacitated adult, known as the conservatee. Sometimes, the designated conservator can face legal challenges regarding financial exploitation if this is suspected by other parties, requiring the support of a lawyer.
In financial elder abuse claims, a spouse can play a role in either defending against allegations or pursuing claims against others. If the spouse believes another individual has exploited the elder financially, they can file a claim on behalf of the estate—this could include alleging fraud, undue influence, or breach of fiduciary duty by another party.
When pursuing claims or defending against allegations, the spouse plays a pivotal role in safeguarding their loved one’s wishes and ensuring their own rights. An elder abuse lawyer can support spouses in navigating litigation on both sides of the coin.
Answers to common questions about financial elder abuse, helping you better understand your rights and the legal processes involved in protecting your interests.
Financial elder abuse can be perpetrated by a number of individuals. Common perpetrators include:
There are many signs of financial elder abuse, and it’s crucial to spot them to protect vulnerable seniors. Here are some common signs:
If you notice any of these signs or suspect financial elder abuse, it’s essential to take action by reporting your concerns to the appropriate authorities.
How you should handle financial elder abuse depends on your unique situation, factoring in who is perpetrating the abuse, the extent of the abuse, and your desired outcome. You can report the abuse to authorities, knowing that law enforcement and/or adult protective agencies may step in. Alternatively, you can contact a financial elder abuse attorney if you desire the situation to be handled more discreetly.
If you believe your loved one lacks the mental capacity to manage their own finances and they are at risk of financial elder abuse, you may want to consider legal tools to protect them. Depending on the situation and the extent of the elder’s incapacity, it may be necessary to pursue legal interventions to protect their interests.
These interventions could involve establishing a guardianship or conservatorship, appointing a trusted individual to make financial decisions on their behalf, or creating advance directives such as a power of attorney or living trust. An experienced attorney can help you navigate these options and help determine what’s best for your loved one.
Insights and advice on financial elder abuse from our blog.
Elder financial abuse by family members is more common than you may think, and California courts have been cracking down on it more and [...]
Financial elder abuse is a highly emotional situation, made that much more complicated by the fact that all-too-frequently the abuser is a family member. [...]
There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can [...]
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