Fredrick P. Niemann, Esq., NJ Elder Law Attorney
As the economy worsens, incidences of elder financial abuse are reportedly on the rise. The elderly are particularly vulnerable to scams or to financial abuse by family members in need of money.
A recent study found that up to one million older Americans may be targeted yearly. Family members and caregivers are the culprits in 55 percent of cases, although financial losses are higher with investment fraud scams.
While it is impossible to guarantee that an elderly loved one is not the victim of financial abuse, there are some steps you can take to reduce the chances. One option is to have more than one family member involved in caring for the loved one. You can also encourage the elder to get involved in community activities to ensure he or she has a wide range of support. Using direct deposit as much as possible is also helpful. And of course you should always screen caregivers carefully and verify references.
Financial abuse can be very difficult to detect. The following are some signs that a loved one may be the victim of this kind of 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 newly formed joint accounts
- Indications of fear of caregivers
If you suspect someone of being financially abused, there are several actions you can take:
- Make a report by calling your local or County Adult Protective Services and/or the NJ Office of the Ombudsman for the Elderly. File a police report if you believe the facts support a crime.
- Explore legal options with a qualified attorney. In New Jersey, the Chancery Court is available to address alleged legal abuse. 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 people available to deal with the situation 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. Again, speak to a qualified elder law attorney.
If you have any questions regarding an elder law or estate planning matter, contact Fredrick P. Niemann, Esq. at 732-863-9900, or fniemann@hnlawfirm.com/. He is happy to answer your inquiries.