FEA

Elder financial abuse can take many different forms. It may involve taking money or property, wrongly procuring power of attorney over one’s affairs, or wrongly influencing another to change their will or estate plan. In all cases, elder financial abuse involves one using deceit, coercion, or some kind of scam for personal financial gain.

Recognizing Elder Financial Abuse

It may be difficult to identify if your loved one is being victimized by financial exploitation. As noted by said Julie McEvoy, U.S. Deputy Associate Attorney General, “seniors are often reluctant to report elder abuse.”[1] You loved one might feel embarrassed, feel powerless, or just not know that they are being taken advantage of.

Many elderly folks also have cognitive deficiencies, such as dementia, and can be more easily be brainwashed into providing their “consent” to give away their assets or control over their assets.

Whether you’re a nurse or have a loved one who is elderly and potentially vulnerable to financial elder abuse, there are signs you should lookout for in order to prevent elder financial abuse, including the following:[2]

  • Unusual financial activity (large withdrawals, unexplained transfers, or ATM withdrawals);
  • Caregiver asking about your loved one’s finances;
  • Bank statements or other financial correspondence address changes;
  • Your loved one is spending an unusual amount of time with a new friend;
  • Your loved one mentions something about legal documents given to them

Sadly, many of these incidents of financial elder abuse often go unreported and many of these cunning con-artists are stealing with impunity. One study conducted by the New York City Department for the Aging reports that only 1 in 44 cases of elder financial abuse is actually reported.[3] Adding to the problem is that often prosecutors do not actively pursue these crimes regularly citing a lack of knowledge and resources.

Elder Abuse is a Serious Crime and Should Be Prosecuted Accordingly

Elder financial abuse is a serious crime and we should all do our part to make sure these crimes are reported to the authorities. Often elder financial abuse overlaps with other crimes as well, including the following:[4]

  • Assault/Aggravated Assault
  • Battery
  • Domestic violence
  • Elder abuse[5]
  • Sexual assault/Rape
  • Sexual Battery
  • Trafficking

What You Can Do to Help Stop Financial Elder Abuse

If you know someone who you think might be a victim of financial exploitation, contact the Connecticut Statewide Prosecution Bureau and report it immediately. The more we can do together to expose these criminals, the quicker they can brought to justice.

You should also talk an experienced elder abuse attorney who can help you uncover lost monies stolen by bringing a civil suit in the Probate Court and/or Superior Court. An attorney can also help with an independent investigation and bring enough evidence to the authorities to launch an investigation against the perpetrator.

Contact the Law Offices of Charles Kurmay if You Need an Elder Abuse or Probate Lawyer in Connecticut or New York.

At the Law Offices of Charles Kurmay, our skilled and experienced attorneys routinely assist clients in probate matters, which range from regular estate administration to very complex probate litigation.  We regularly litigate in the Probate and Superior Courts in Connecticut as their jurisdiction frequently overlaps and in New York as well.  We help clients plan their estates, drafting wills and trusts while helping with tax and Medicaid planning to protect the wealth hard working people have earned over the course of their lives and to help prevent the disaster that we are discussing here.

With offices located in New York City, South Norwalk, and León Spain, we truly are a local firm with a global reach.

Our Fairfield County office proudly services your legal needs in Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newtown, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

We also proudly service New Haven County for all you legal needs in Ansonia, Beacon Falls, Bethany, Branford, Cheshire, Derby, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven, North Branford, North Haven, Orange, Oxford, Prospect, Seymour, Southbury, Wallingford, Waterbury, West Haven, Wolcott, and Woodbridge.

Our New York City office proudly services all 5 boroughs, including Manhattan, the Bronx, Queens, Brooklyn, and Staten Island.

If this or anything similar has happened to you, please call us at 203-666-5457. We are available to talk anytime.

Citations:

[1] http://www.forbes.com/sites/nextavenue/2015/02/13/why-elder-financial-abuse-is-such-a-slippery-crime/#e212c687734e

[2] http://www.preventelderabuse.org/elderabuse/fin_abuse.html

[3]http://ocfs.ny.gov/main/reports/Under%20the%20Radar%2005%2012%2011%20final%20report.pdf

[4] https://www.bja.gov/Publications/ABA-ElderAbuseGuide.pdf

[5] Elder abuse, in and of itself is a crime in Connecticut, but requires physical injury, not merely a financial one. (See http://www.jud.ct.gov/ji/criminal/part6/6.9-1.htm)

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