Checklist for Detecting and Dealing with Elder Financial Abuse

The elderly are particularly vulnerable to scams or to financial abuse by family members, Agents under powers of attorney or others in need of money. Financial abuse can be very difficult to detect, but there are warning signs.

How to detect financial elder abuse
The following are some signs that an elderly loved one may be the victim of financial abuse:

•     The disappearance of valuable objects.
•     Withdrawals of large amounts of money, checks made out to cash, or low bank balances.
•     A new “best friend” and isolation from other friends and family.
•     Large credit card transactions.
•     Signatures on checks look different.
•     A name added to a bank account or joint accounts that are newly formed.
•     Indications of fear of caregivers.

What to do
If you suspect someone is being financially abused, there are several actions you can take:

•     Report the crime by calling your local Adult Protective Services and state attorney general’s office. File a police report.
•     Explore options at your local probate court if your state has such courts. The court can intervene if someone in the family is misusing a power of attorney or their role as guardian or conservator.
•     Contact advocacy organizations. The National Center on Elder Abuse offers guidance on how to investigate and seek justice for elder abuse. State laws vary, but some have elder abuse statutes and may be able to get restitution for breach of fiduciary duties.
•     Try to get a temporary restraining order from a court while building your case.

Keep in mind that legal actions taken to stem the tide of financial abuse of the elderly can be very complex and time consuming.  A remedy might not be achieved over night, but it will be well worth it in the end.  There might be hundreds of thousands of dollars at stake so legal counsel is almost a necessity in these cases.  It is likely that the person or people committing the financial abuse will be represented by counsel and will defend against actions taken in the Probate/Orphans’ court in Pennsylvania.

Our firm offers a dedicated Orphans’ Court litigation team of experienced attorneys.  The Orphans’ Court attorneys handle these financial abuse cases regularly and can assist with any issues you might come across when reviewing your loved one’s needs.  The Orphans’ Court cases are very unique so be sure to locate an attorney who has experience handling these specific types of issues.

For assistance dealing with a Financial Elder Abuse case in Pennsylvania, please contact Douglas L. Kaune, esquire at 610 933 8069 or email him at dkaune@utbf.com. Unruh, Turner, Burke & Frees, P.C. is a full service law firm which has three convenient office locations in Phoenixville, West Chester and Paoli, Pennsylvania.  The firm primarily services clients in Chester, Montgomery, Delaware, Philadelphia, Bucks and Berks Counties, but can represent clients throughout Pennsylvania.