The Fiduciary Academy- Elder Abuse and How to Prevent It

*This blog post is for informational purposes only and does not constitute legal advice; please consult a qualified attorney for guidance on your situation.

 

In the past, elder abuse was a serious problem that was often ignored. Unfortunately, elderly people are still easy targets for financial abuse by unscrupulous individuals. Many older adults are frail and dependent on others for their daily needs, making them more vulnerable than younger, independent people. As people age, the likelihood of living alone increases, especially after losing a spouse. This isolation can grow as friends and family from their generation pass away, leaving them with little close support.

When elderly individuals have assets but lack strong family or friend support, they often become targets for exploitation. This can include scams by strangers or even financial abuse from greedy family members. The more money an elderly person has, the more likely they are to be targeted.

In California, recent laws have been enacted to protect this vulnerable population. While physical abuse has long been a crime, new laws now address financial abuse as well. Taking money from an elderly person unlawfully is not only a crime but also grounds for a civil lawsuit. A lawyer can file a case to recover the victim’s money, and the perpetrator may be required to pay legal fees.

There are also laws to prevent caregivers from manipulating elderly individuals into changing their wills. In the past, some non-family caregivers would convince elderly people to leave them an inheritance, sometimes excluding their own children. Now, any gift to a non-family caregiver can be challenged in court by other beneficiaries.

However, relying solely on legal measures can be like closing the barn door after the horse has left. The best way to protect elderly loved ones is to stay involved in their lives. If you have an elderly relative living alone or needing care, make sure caregivers know you are present and watching. Report any signs of abuse to Adult Protective Services. Regular visits and showing care can make a big difference, even if you can’t provide daily care. Staying connected helps keep them safe and supported.

 

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