Financial Elder Abuse is one of the most sensitive cases of probate and trust. For victims and families, the addition of money, inheritance, and other assets to a situation of abuse might be too much. At RMO elder abuse lawyer, we defend clients every day who are dealing with challenging elder financial abuse circumstances. Here is a how-to.
Family members’ financial exploitation of elderly relatives is a frequent theme in trust, conservatorship, and will conflicts. Anything from straightforward forgery to psychological coercion might be involved. Adulteration financially includes:
Stealing money from the victim for their personal use using a Power of Attorney that the victim granted to another individual to manage their finances.
Using dual bank accounts for the same purposes
Stealing cheques and using ATM cards to steal money from the victim’s accounts
Threatening to leave, attack, or hurt the victim unless they comply with the offender’s demands
Refusing to provide the victim the attention and treatment they require to keep their assets available to the abuser
In-home caregivers overcharge clients; hoard change from errands; pay bills that don’t belong to the client; get the client to sign fabricated time sheets, and waste time on the phone rather than performing the tasks for which they are paid.
We frequently work with clients whose parents or other elderly family members made unusual and drastic changes to their financial situation or estate plan (i.e., the beneficiaries of their will or trust), giving preferential treatment to one suspicious individual and negatively affecting their well-being and their other enduring loved ones.
How do I select a lawyer for elder financial abuse?
The most crucial factor to take into account when picking an elder financial abuse attorney is your relationship with them. You must select a lawyer who is knowledgeable about you, your family, its dynamics, and the psychological issues that frequently come into play, as well as one who communicates effectively, establishes clear boundaries, has substantial experience, and is strategically able to pursue your claims in the county where your loved one lived. Your elder financial abuse lawyer must be knowledgeable about the decedent’s local superior or probate court.
Should I select a local attorney who specializes in elder financial abuse?
It certainly does. However, it’s more crucial to hire a lawyer with experience in elder financial abuse cases in the county where your loved one lives. For instance, if your loved one lives in Los Angeles County, it would be preferable for you to choose a lawyer with experience in elder financial abuse cases who routinely appears in the Los Angeles Superior Court. You should think about hiring a lawyer who is experienced with the Superior Court of California – County of San Diego if you reside in Los Angeles but your parent died away in San Diego.
Does elder financial abuse carry a jail sentence as a punishment?
Elder financial exploitation may be either a crime or a misdemeanor. If found guilty, there may be probation, a fine ranging from $1,000 to $10,000, and other conditions. Depending on the case and charges, jail time may be required. Because they don’t want a family member to go to jail, many victims are reluctant to bring abusers to justice.
Do the benefits of elder financial exploitation always go to the perpetrator?
No, occasionally the person accused of elder financial abuse may be charged with receiving an indirect advantage through a child or another individual. It is more probable that the child’s parents, not the grandchild, would be charged with elder abuse if the deceased decided to give their whole $10 million fortune to one 10-year-old grandson. if there was elder abuse.