how to choose the best financial elder abuse lawyer

One of the best ways to choose an elder financial abuse attorney is to follow the recommendation of a trusted friend, relative, or business associate. Keep in mind that each legal case is different.

Full Answer

Is elder abuse hard to prove?

Financial abuse is the most difficult type of elder abuse to prove. There are usually no witnesses involved, and the crime is committed completely out of the victim''s sight. Moreover, physical evidence takes the form of bank records and receipts, which the abuser controls.

What is considered financial abuse for elder?

(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

Which 2 of the following are examples of financial elder abuse?

The most common types of financial elder abuse include:Theft. Most often, trusted individuals or unknown thieves use an elder's checks, bank account information, or credit cards to obtain money without permission. ... Fraud. ... Misuse of authority. ... Legal document abuse. ... Extortion and manipulation.

Is financial exploitation a form of elder abuse?

For example, neighbors, caregivers, professionals, and even family or friends may take money without permission, fail to repay money they owe, charge too much for services, or not do what they were paid to do. Financial abuse—sometimes called financial exploitation—is a form of elder abuse.

What are indicators of financial abuse?

Possible indicators of financial or material abuseMissing personal possessions.Unexplained lack of money or inability to maintain lifestyle.Unexplained withdrawal of funds from accounts.Power of attorney or lasting power of attorney (LPA) being obtained after the person has ceased to have mental capacity.More items...

What to do if someone is taking advantage of the elderly?

Here are some steps to consider taking:Talk to the older person. ... Gather more information or evidence as to what is occurring. ... Contact the older person's financial institution. ... Contact your local Adult Protective Services (APS) office. ... Contact law enforcement.

What is a red flag indicating the potential of financial exploitation?

Warning signs of financial exploitation Sudden changes in bank accounts or banking practices, including an unexplained withdrawal of large sums of money by a person accompanying the older adult. The inclusion of additional names on an older adult's bank signature card.

What are the three types of financial abuse?

These are some common forms of financial abuse—and resources to help protect or recover from it.The Abuser “Takes Care” of the Finances. ... Employment Sabotage. ... Economic Exploitation.

How do you respond to financial abuse?

How to Recover From Financial AbuseCall your bank and ask to meet with someone to learn about your personal finances.Meet with a financial planner.Speak to an attorney.Check your credit score and learn about the impact of credit scores.

Which of these are the most likely indicators of financial abuse?

Possible Indicators of Financial and Material AbuseUnexplained withdrawals from the bank.Unusual activity in the bank accounts.Unpaid bills.Unexplained shortage of money.Reluctance on the part of the person with responsibility for the funds to provide basic food and clothes etc.Fraud.Theft.

Who are the common perpetrators of financial exploitation?

Family members were the most frequently identified perpetrators of alleged abuse at nearly 48% of calls in which relationship could be determined. The most common abuse perpetrated by family was financial abuse (61.8%), followed by emotional abuse (35%), neglect (20.1%), physical abuse (12%) and sexual abuse (0.3%).

Who are potential victims of elder financial abuse?

Most victims of abuse are women, but some are men. Likely targets are older adults who have no family or friends nearby and people with disabilities, memory problems, or dementia.

What Is Financial Elder Abuse?

Financial elder abuse occurs when someone uses, or attempts to use, an elderly person’s financial resources for their own personal benefit. Anyone...

Talk to a Financial Elder Abuse Attorney

You should contact an attorney as soon as you believe you or someone you love has been the victim of financial exploitation. An experienced financi...

File a Lawsuit

Your final option is to sue the trusted individual for their financial abuse. Litigating these cases is complex, lengthy, and costly, but may be ne...

How to choose an elder financial abuse lawyer?

One of the best ways to choose an elder financial abuse attorney is to follow the recommendation of a trusted friend, relative, or business associate. Keep in mind that each legal case is different. A lawyer who handles nursing home abuse claims, for example, may have little or no experience as a trial attorney contesting wills ...

What is financial elder abuse?

Financial elder abuse often includes an element of emotional abuse, such as threatening to abandon an elderly or dependent person, withhold food or medicine, or otherwise harm the victim unless he or she agrees to revise a will or trust.

What is the law in California for elder abuse?

California elder abuse laws can be used to address financial elder abuse that involves coercion or manipulation of elderly Californians to alter their wills or trusts.

What is financial abuse in California?

Under California law, financial abuse of an elder or dependent adult occurs when a person or entity: Takes, conceals, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property ...

What is financial exploitation?

Financial exploitation is a growing form of abuse of seniors and adults with disabilities. Financial exploitation commonly involves trusted people in the life of a vulnerable adult. Cognitive impairment and the need for help with activities of daily living make victims more vulnerable to financial abuse that can result in a family’s loss ...

What does "assists" mean in the law?

Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property ...

What is the purpose of YouTube for lawyers?

YouTube has become a popular marketing tool for many law firms that post videos, which advertise the firm and explain some of the legal issues the firm handles . This is one way to learn a little about a lawyer’s tone and personality and potentially answer some general questions about elder financial abuse, estates, wills.

What is financial elder abuse?

Financial Elder Abuse. When older people are cheated out of their money or property through illegal or deceptive means, they may be the victims of financial elder abuse. This type of abuse can be perpetrated by family members or strangers, and can often have devastating financial consequences.

Who can help with elder abuse?

An attorney who specializes in protecting older people from financial elder abuse can help in many ways, including: These are just some of the ways that an attorney may be able to help prevent or rectify financial elder abuse.

What happens if you are a victim of abuse?

If you have been the victim of this type of abuse, a lawsuit may allow you to recover the money or property that has been taken from you, any attorney’s fees incurred, as well as punitive damages in some cases.

What to do if you suspect elder abuse?

As soon as you suspect financial elder abuse, report the incident to the financial advisor or the brokerage firm’s compliance department. If the issue is unresolved, your next option may be mediation or arbitration.

What is the fiduciary duty of a financial advisor?

The fiduciary duty encompasses the duty of loyalty, the duty of care, and the duty of good faith and fair dealing.

What is an investment advisor's fiduciary duty?

The advisor is under a fiduciary duty to make investment recommendations that suit the client’s needs. Failure to do this is a breach of fiduciary duty. For example, if a client retires and the advisor fails to adjust the client’s portfolio investments, the advisor could be liable for financial losses.

What is FINRA in financial services?

The Financial Industry Regulatory Authority (FINRA) is the governing organization that creates and enforces rules for advisors and their firms and assists in resolving disputes between advisors and investors. If your financial advisor or their firm is registered with the U.S. Securities and Exchange Commission (SEC) or a state securities regulator, you can use FINRA’s dispute resolution services to resolve your case of financial elder abuse.

What is a breach of fiduciary duty?

As part of their fiduciary duties, financial advisors are required to disclose all material information about an investment to their clients. Misrepresenting or failing to disclose relevant information that would have affected the client’s investment decision is a breach of fiduciary duty.

What to do if you suspect elder abuse in New Jersey?

If you suspect your elderly loved one may be subject to elder abuse, you need to hire the right attorney to protect his or her rights . Below are some tips to consider when searching for an elder abuse lawyer in New Jersey:

Can an elderly person be held liable for a nursing home?

In most cases, offenders can be held both criminally and civilly liable. In a criminal case, the District or City attorney prosecutes and seeks criminal reparations under the Penal Code. In a civil case, a New Jersey elder abuse attorney can seek monetary damages for violations of civil elder law statutes.

How to Choose an Elder Financial Abuse Attorney

There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can become overwhelming for victims and families. At RMO Lawyers, we protect clients faced with difficult elder financial abuse situations every day. Here’s a guide.

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Signs of Financial Elder Abuse

Below are some key warning signs that may indicate your loved has become a victim of elder financial abuse:

Proving Financial Elder Abuse

Proving financial elder abuse can become complicated, especially if you are seeking legal justice without the help of an experienced New Jersey elder abuse attorney. To win a New Jersey financial elder abuse case, you must prove that:

Call a New Jersey Elder Abuse Attorney Today!

The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.