Do Financially Abused Elderly Have Recourse?

With the invention of the internet, scams preying upon the elderly have gotten more and more difficult to spot, even as the aging population becomes more familiar with the internet. If you have a loved one who is receiving care or help from a family member, make sure that you and another trusted individual are looking out for your loved one. Unfortunately, many caregivers—even ones related to the elderly person—have taken advantage of those who they were supposed to help. When the elderly person experiences financial abuse, there is not always recourse. Make sure you’re protecting your loved ones. 

How Are Elderly People Financially Exploited? 

Elderly people can be financially exploited in myriad ways. Unfortunately, this tends to be done by those who are closest to them. An adult child of an elderly person may ask their parent for money, knowing that the parent doesn’t have the faculties necessary to consent to such a loan or gift. Family members of elderly adults have also had their elderly relatives sign legal documents that they didn’t understand or may not have been able to understand. Conservatorship abuse is also a serious concern with elderly and vulnerable people, as conservators are able to financially benefit from the arrangement. While financial exploitation may not cause injury by itself, neglect and/or physical abuse may be present in a situation where an elderly individual is being financially exploited.  

Is It Personal Injury? 

Financial exploitation itself is not personal injury, but it is an issue that a civil attorney can address. If a person has been financially exploited, they could file a claim against the person who exploited them. However, they’d have to hire the attorney—which wouldn’t be free—and they’d also need to have a reasonable expectation of being able to recover the funds. However, there may be some situations where an elderly person has been financially exploited alongside being injured due to the negligence of another person. You can imagine a home caregiver who’s stealing from her elderly client as well as neglecting her elderly client. If the neglect caused the elderly client to sustain injury, they may have a personal injury claim. 

When Negligence Causes Injury 

Caregivers have plenty of responsibilities and obligations toward the people they’re caring for. If failure to uphold these responsibilities causes a vulnerable person to sustain injury, the negligent caregiver could be liable. Delayed diagnosis, for example, is an unfortunate occurrence that is frequently seen both inside and outside of assisted care facilities. This could happen if a caregiver has a patient that has symptoms of a medical condition, but the caregiver fails to give the symptoms the attention they need. In some cases, this can result in a serious illness becoming even more serious. Caregivers also need to provide the appropriate amount of supervision to their patients. If you have a loved one with dementia, they probably require more supervision than a person who does not. Keeping Family Safe Outside of Care Facilities 

Keeping Family Safe Outside a Care Facility 

A lot of people choose to remain at home and have a caregiver stop by and help them with a few things. If you have a vulnerable family member who’s receiving additional help, it’s in your family member’s best interest for you to take precautions to ensure they are not a victim of abuse, neglect, or financial exploitation. Having multiple people monitor and audit your family member’s finances can help ensure that caregivers are not exploiting your loved one. The elderly are particularly vulnerable to abuse, neglect, and intimidation. Unexplained injuries, signs of malnourishment, poor hygiene, and unsanitary living conditions may all be signs that your loved one may not be getting the care that they need. 

Keeping Family Safe at a Care Facility 

Neglect, abuse, and exploitation may also occur in an assisted living facility. If your loved one is experiencing abuse or neglect, you’ll likely notice the classic symptoms such as unexplained injuries or poor hygiene. Other symptoms you may observe include falls, infections that become serious due to lack of treatment, bed sores, malnutrition, and lack of proper medical care. When you visit your loved one, make sure to take note of the other residents as well. If it appears that they aren’t getting the care they need, it may be a sign that your loved one isn’t being cared for either. If you have concerns that your loved one isn’t getting the care they need, Moxie Law Group is here for you. Contact us today for a free consultation.