June 18, 2024

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The Benefits of Hiring an Elder Financial Abuse Attorney

The Benefits of Hiring an Elder Financial Abuse Attorney

The Benefits of Hiring an Elder Financial Abuse Attorney

Elder abuse can take many forms. While reporting to your local APS is important, hiring a seasoned attorney is also important.

Elder financial abuse attorney Portland, OR are familiar with nursing home negligence, exploitation, undue influence laws, long-term care insurance, guardianship, and wills. They can help you find evidence of financial exploitation, get you the compensation you deserve, and more.

Representation in Court

Elders can do a lot to protect themselves from being victims of financial abuse, including locking important documents in safes and paying with checks instead of cash to create a paper trail. They can also work to build relationships with those who care for them and take their instincts seriously. However, the best way to prevent abuse is to have a support system to watch their backs.

Reporting suspicious activities to law enforcement and your state’s adult protective services is crucial. A good attorney can help you determine the appropriate agency to contact, and they will work to ensure your loved one receives monetary compensation for their losses.

It’s not always easy to recognize the financial exploitation of an older adult. Especially when a family member or close acquaintance does it, often, the perpetrator will develop an isolating relationship with the victim and be able to sway or manipulate them into giving away their money.

Expert Witnesses

Financial abuse, also known as exploitation, is common elder abuse. It can be perpetrated by caretakers, friends, neighbors, family, or professionals. They may steal money or property, charge excessive amounts for services, fail to repay debts or make fraudulent changes to an elder’s legal documents.

These shady actions often take advantage of seniors’ reduced mental capacity. Isolation, lies, and threats can coerce an elder into handing over their money and assets. Sometimes, the bad actor creates new estate planning documents benefiting themselves and disinheriting the victim.

An experienced Los Angeles elder financial abuse attorney will work to get monetary and criminal reparations for the victim. They can help the victim avoid future abuse by advising them to lock important documents somewhere safe, use checks or credit cards instead of cash, build relationships with people before giving them money, and trust their instincts. They can also advise preparing a transfer-on-death deed or advance directives protecting against elder financial exploitation.

Documentation

An elder law attorney can provide invaluable assistance in preparing for the unique legal concerns of aging loved ones. This specialized field of law addresses issues like asset protection and eligibility for Medicaid services.

Seniors are often at a greater risk of financial abuse than any other age group. This is especially true if they have a mental health condition or are otherwise vulnerable. Loneliness also increases an older person’s vulnerability to manipulation by opportunists or family members.

Financial exploitation involves the illegal, unauthorized, or improper use of an older adult’s assets, benefits, resources, belongings, property, or income. Criminal or civil statutes can cover it. An elder financial abuse lawyer can help identify suspicious activity and investigate reports of exploitation. This includes examining documents and bank accounts to verify the accuracy of an elder’s finances. They can also monitor their mail, emails, and credit card statements to identify red flags. They can also help with planning for incapacity and establishing senior guardianships.

Experience

People perpetrate many elder abuse cases their victims trust. This could be a caregiver, a nursing home, an assisted living facility staff member, or even a family member. Abuse can involve various activities, including defrauding the victim by changing estate documents like wills and trusts to their advantage or stealing money or property.

Seniors often do not report being abused or feel embarrassed to speak up. An experienced elder financial abuse attorney can help gather evidence and represent the victim in any arbitration, settlement, or court proceedings to recoup monetary losses caused by an exploitative person.

An experienced elder abuse attorney will be familiar with the courts in the county where your loved one lives. This can make all the difference in your case. An attorney with experience in the Superior Court of your loved one’s county will better understand how local laws and procedures affect your case.