Understanding Elder Exploitation and the Role of an Elder Law Attorney

Elder exploitation is an issue that affects a significant number of people throughout the nation. One of the most prevalent forms is financial exploitation against seniors, which refers to someone misusing an older adult’s assets. 

The consequences of this exploitation can be severe and far-reaching, leaving impacted seniors without the funds they need to live safely and comfortably. A key part of protecting against such exploitation is leveraging comprehensive estate planning strategies with the help of an attorney.

An elder law attorney can be a champion for anyone who is dealing with elder exploitation. At William C. Roof Law Group, we can help older adults protect their assets and recover their losses. We are committed to providing financial security for those who have worked hard their whole lives and deserve to enjoy the fruits of that labor going forward.

Here’s what you need to know when it comes to understanding elder exploitation and the role of an elder law attorney in safeguarding the rights and legacies of older adults in Florida.

Elder law covers a wide range of areas. It encompasses all legal issues that affect seniors, from Medicaid planning issues to financial exploitation. Most people think of elder law as another branch of estate planning, but it actually provides distinct legal services.

Elder law is essential not only for seniors but also for those who are supporting elderly adults. Caretakers, financial consultants, healthcare providers, family members, and social workers must have an understanding of elder law. This knowledge can help them spot any instances of abuse and know what steps to take to protect those under their care.

To get an idea of the vastness of elderly law, take a closer look at some of its main elements.

Estate planning focuses on asset protection and the handling of the older adult’s estate when they die or if they become unable to manage it themselves. It includes taking stock of all assets and determining who will receive them, as well as the management of estate taxes and debts.

With estate planning, you can manage the guardianship of pets or dependents and ensure that all funerary arrangements are made and respected. Although most people think a will is enough to protect assets, that’s just one of the many estate planning services available. 

You can also handle the creation of trusts, life insurance decisions, and a variety of other crucial options through these services.

Medicaid planning can help seniors put strategies in place for their long-term health. By working with a certified elder law attorney, seniors can arrange for nursing home care as well as in-home medical support so that they can continue to lead comfortable and safe lives.

Planning for future healthcare needs requires the careful consideration of finances and assets so that a senior can qualify for options like Medicaid. Because this government program has very strict eligibility requirements, people may find that they’re “too wealthy” to apply and yet not wealthy enough to afford the care they need.

With an elder law attorney, it’s possible to distribute assets in a manner that allows seniors who need assistance to receive government benefits. This is a perfectly legal process that makes a difference in the lives of older adults.

An often overlooked aspect of elder law is special needs planning. If a senior has disabled children or other relatives, protecting their future is likely a significant concern. By opting for the special needs planning services offered by elder law attorneys, seniors can create trusts and establish guardianships.

Another vital aspect of elder law is the protection against financial abuse. These services help to protect vulnerable adults from scams and other forms of exploitation. 

If abuse occurs, an elder law attorney can help identify its nature and assist with recovering funds. They can investigate the exploitation, gather evidence to submit to law enforcement and prepare for appropriate legal actions.

Elder law can also cover many forms of elder abuse, including sexual and other types of physical abuse. An elder abuse attorney can guide investigations and make it easier to stop further abuse from occurring in the future.

In Florida, elder exploitation typically occurs when the other person is in a position of trust, and the senior has no reason to fear that they’re being abused. It can be much more common than elderly emotional or physical abuse and often goes unreported and unaddressed.

Although any older adult can be at risk of financial exploitation, those who tend to be most vulnerable are older adults who depend on others for their care, have recently lost a spouse or other close relative who handled the finances or are living in long-term care facilities.

This abuse can involve threats, coercion, or outright theft. Family members may withhold help or threaten that they’ll send their elderly relatives to nursing homes if they don’t receive money. They might forge signatures on checks and other financial documents. More advanced schemes can involve creating shell companies and billing seniors for bogus services.

Those who have more access to the senior can transfer funds from their accounts, get credit card numbers, assign payments to themselves, and perform a variety of other criminal actions. The more access the person has to the vulnerable adult, the more damage they can do.

Financial exploitation can be difficult to spot, especially for others who may not have full access to the person’s finances. There are some key signs to watch for that can warn of exploitation, however.

One of the most obvious of these is noticing missing valuables. If pieces of art or jewelry are missing from their homes, that’s a strong sign that there may be exploitation occurring. Often, seniors remark on the missing items, but it’s always important to keep an eye out for yourself if you have suspicions.

Another common sign of financial abuse is if your loved one has a new companion they spend a lot of time with. The other person may appear almost too helpful and could involve themselves in the senior’s financial affairs, which could result in them getting access to passwords, PINs, and account numbers. They may even visit financial institutions, like local banks, with the seniors. All of these occurrences can be red flags.

Unusual banking activity is something else to watch for. For most people, banking activity follows a pattern. If you notice significant deviations from the usual and large expenses or withdrawals, that could point to exploitation.

Seniors are free to make changes to their wills and other estate planning arrangements, but if there are abrupt and unexplained ones, it can be important to look into the incident. This is particularly important if the senior changes the person who will have power of attorney and who will be able to act on their behalf. 

If the change includes someone who is not family or who is not a long-standing friend, someone may be exploiting the older person.

Additionally, keep an eye out for large purchases or the transfer of properties. If a senior transfers bank account ownership or places their home under another person’s name, that could point to abuse.

If you think an older person is being exploited or if you want to ensure that your loved ones aren’t targeted, there are helpful steps you can take.

Every day, new scams appear targeting seniors in Florida. Staying aware of them and letting your loved one know they are occurring can help significantly. Resources like the National Council on Aging and the Consumer Financial Protection Bureau offer guides on the latest scams against seniors.

Keep in regular touch with elderly loved ones so that you stay up to date on what’s happening in their lives. You will know if they meet someone new and start spending a lot of time with them.

If the older person feels comfortable with you, they may also be more likely to reach out if they have worries about their finances. Often, older people feel ashamed of having fallen for a scam, so ensuring that they know you won’t judge them is vital.

If you talk with them regularly, you can also bring up any of your own worries about new people or unusual expenditures in a way that doesn’t make your loved one defensive. That can make it easier to take action if needed.

It’s always better to be overly cautious when dealing with financial matters related to seniors. Check bank statements and other transactions to ensure there aren’t any significant deviations from the norm. 

If you spot any concerning changes, ask your loved one about them. The expenses may be completely legitimate, but you could save a lot of worry by just asking.

Exploitation can be very subtle, however. There may be no large purchases. Instead, you may start noticing many small withdrawals or bills from places your loved one has never bought from before. Those are important red flags to watch for. If you see them, consider letting the appropriate authorities know.

Older adults need to appoint a power of attorney. If they become unable to manage their affairs themselves, a trusted person should be ready to step in and do so. 

Doing this can also help prevent people who want to exploit the senior from getting access to vital information or making changes to financial affairs because there will always be another person they have to go through.

To preserve a loved one’s financial well-being, showing them how to keep their personal information safe is a key strategy. Offer tips on how to set up difficult passwords that others can’t guess, how to maintain two- or three-step identification on their online banking, and how to spot phishing.

Many scams against seniors occur over the phone, too. They may be prompted to offer their Social Security number or other personal information that could be used for identity theft. Speaking with a senior about these possibilities can protect them.

Additionally, make certain that all financial documents are safely stored. If there are copies, know where all of them are located.

If your loved one has been the victim of financial abuse, an elder law attorney can provide the necessary assistance to recover the losses and safeguard assets from future risks. There are a number of legal benefits to hiring an attorney, from handling credit agencies to filing protection orders.

One of the services that your elder law attorney can offer is to gather all of the evidence that points to exploitation. This can mean collecting bank statements, contracts, financial records, and a variety of other documents. Reporting abuse might not require a vast amount of evidence, but that can change the moment you consider pursuing legal action.

To seek justice for a loved one and help them recover their losses, you and your lawyer will likely work with police and adult protective services during the investigation. By ensuring that all available evidence is in order, your attorney can help the process go more smoothly for everyone.

Another task that an elder law attorney can do for an older adult is to contact all credit agencies, including Equifax and TransUnion. These agencies can freeze the senior’s credit so that further exploitation doesn’t affect their credit, and the abusers aren’t able to open additional accounts or access credit lines in the victim’s name.

Lawyers who practice elder law know how to pursue lost assets. They can speak with financial institutions and other authorities to recover what the senior lost. These can be either misused or stolen assets. In instances when recovery is not possible, one of the options that an attorney can offer is to file lawsuits against the perpetrators.

Elder law attorneys have an in-depth understanding of the evidence that can make a difference in these lawsuits and what the process of filing a claim involves. There may also be a number of defendants to name when the exploitation involves nursing homes, assisted living facilities, end-of-life care providers, and other similar perpetrators. 

A lawyer can help build strong cases against each of them.

Another way that elder law attorneys protect clients is by filing protection orders and injunctions with the court if the abuser still has access to the senior’s finances. These legal options work to prevent the defendant from contacting the victim while also blocking any attempts they make to continue the exploitation.

If the right option for pursuing this type of elder abuse is to file a lawsuit, there may be opportunities to mediate and settle the case. Most people don’t want to go through a long, drawn-out court proceeding, so a settlement can be an alternative that allows the plaintiff to recover the financial resources they lost.

In some instances, legal frameworks will allow family members of the victims or the victims themselves to pursue other legal proceedings, including criminal cases. Take time to speak with your elder law attorney to know what the options may be.

If you are considering hiring an elder law attorney, there are a few key qualities and skills you will want to look for in your potential choices.

The elder law attorney you choose to represent your loved one or yourself should be someone who has a clear understanding of the legal landscape surrounding elder issues and should know how to handle complex legal issues.

Take a close look at the kind of results they have obtained for their clients, too. Not every case can have a successful outcome, but the lawyer you choose should be someone with a proven track record who can offer your loved one the chance to recover what they lost and ensure their assets are protected.

Reading client testimonials can give you an excellent idea of what to expect if you hire that particular attorney. Online reviews are also helpful because they tend to be impartial. 

They offer a wealth of information on how the attorney works, the results they achieve, and how supportive they are to their clients. You can make informed decisions based on all of this data.

Dealing with any issues regarding elder abuse or exploitation can be difficult and emotionally charged. Your lawyer should not be cold or callous in how they address the problem. They should always offer respect and empathy while providing a clear path forward.

The elder law attorney you hire must have effective communication skills. They should be able to explain complex legal issues clearly and be ready to provide answers to any of your questions.

Ask about how they prefer to communicate, too. If you prefer phone calls to email, for example, you may not work well with someone who communicates solely electronically. Inquire about how long it will typically take the attorney to get back to you if you contact them. You shouldn’t have to chase after your attorney to get an update on your case.

If you’re in the midst of a financial problem with a loved one, a worry you likely have is how much you will be charged for legal representation. This can vary from one lawyer to the next, so make sure to ask about the fee structure you can expect to avoid being caught by surprise.

If you or a loved one has faced elder financial exploitation in Florida, getting help can feel daunting. But by speaking with a qualified elder law attorney, you can find the best path forward and navigate the future with confidence.

At William C. Roof Law Group, our team can help with everything from estate planning to protecting assets from misuse. We have helped many clients who have been victims of elder financial exploitation, guiding them through the process of recovering their assets and assisting them in safeguarding their futures.

You don’t have to go through this difficult experience on your own, and you don’t have to accept that you’ve been exploited. Contact the compassionate and seasoned team at William C. Roof Law Group to schedule a free initial consultation today.

The contents of this article are not comprehensive, they provide only a general overview of the subject matter discussed. This article does not establish a client-attorney relationship with the reader, and no legal decisions should be made based on the article’s contents. Because every legal matter arises under unique facts specific to the client, no legal decision should be made without consulting a licensed attorney.