By Fredrick P. Niemann, Esq. of Hanlon Niemann a Freehold, New Jersey Elder Abuse and/or Financial Exploitation Attorney
A common legal theory that we use at Hanlon Niemann in cases of claimed elder financial exploitation is breach of a fiduciary relationship by children when they steal money and property from their elderly parents and/or relatives.
A fiduciary relationship exists as a matter of law when the relationship can be found to be:
• A close degree of family kinship between the parties, like son & mother, daughter & father, etc.
• A significant disparity in age.
• A significant disparity in health.
• A significant disparity in mental conditions.
• A significant disparity in education and/or business sophistication.
• A high degree of trust and confidence placed in the dominant party by the allegedly exploited person.
Transactions or conveyances between parents and their children that can be characterized as “unfair” between the parent and his/her fiduciary child will usually be presumed invalid. Once we establish the existence of a fiduciary relationship, the burden will shift to the fiduciary to demonstrate the transaction was, in fact, fair and reasonable and that her/she exercised undivided loyalty on behalf of the ward.
Contact me personally today to discuss your New Jersey elder abuse and/or financial exploitation matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.