Financial Abuse of Elderly in Nursing Homes

According to the National Council on Aging, annual financial losses by the elderly due to financial abuse equal or exceed $28 billion per year. Since 1.4 million people reside in nursing homes in the United States, many of these abuses occur in nursing homes.

If you suspect that your loved one is being abused in a nursing home, we can take immediate steps to protect them. The nursing home abuse lawyers at Siniard Law, LLC want to protect your loved one and prevent further injury. Contact us today for a free consultation.

What Is Financial Abuse?

The United States Department of Justice explains financial abuse of an elder occurs when a person or entity does any of the following: “takes, secretes, appropriates, obtains, or retains real or personal property” of the elder for a “wrongful use or with intent to defraud, or both.”

Financial abuse can take many forms, including the following:

Misusing or withholding an elder adult’s resources
Stealing an elderly person’s valuables
Having the elderly person sign over their house or other valuable property
Having the nursing home resident sign legal paperwork, such as naming them as their agent in a power of attorney or trustee in a trust to obtain trust funds
Using the resident’s cash or credit cards
Stealing the resident’s identity

If something doesn’t feel right, look closely at the signs to determine if elder abuse may be occurring.

Signs of Financial Abuse

There are many indicators of financial abuse, including the following:

Unexplained Withdrawals and Missing Funds

A person who is being financially abused may have missing funds or unexplained withdrawals from their bank accounts. Bank statements may show large withdrawals or a series of smaller transactions. They could also show transfers between accounts.

Sudden Changes in Financial Behavior

There may be sudden changes in the victim’s financial behavior. For example, a person who never used a bank card to withdraw cash may suddenly have many withdrawals. Checks or bank statements may be rerouted to a new address. The elderly person may not understand their financial situation when they had no problems in this arena before the abuse occurred. The dates, times, or locations of transactions may have been impossible for the elderly person to complete.

Fraudulent Signatures

Fraudulent signatures may appear on legal documents, or the perpetrator could steal a checkbook and forge the elderly person’s signature to write checks to themselves.

Missing Property

The elderly person may have property missing from their room, including furniture, jewelry, cash, or other belongings.

Changes in Estate Planning Documents

The elderly person may have made recent changes to legal documents, including:

Wills
Trusts
Powers of attorney

Unexplained Financial Problems

The elderly person may be having financial problems they did not have before. They could be receiving late notices for unpaid bills.

Emotional Signs

Financially abused individuals may show emotional signs of distress over their changing financial position or because they have been intimidated into making unwanted changes. They could be showing signs of depression or anxiety.

Presence of a New Person

A new person may have ingratiated themselves to your loved one. Your loved one could even be referring to them as their “new best friend.” However, this person could be abusing your loved one. They may even be trying to prevent you from seeing your loved one.

If you have spotted one or more of these signs, reach out to the experienced elder abuse attorneys at Siniard Law, LLC for legal advice and representation.

Prevention Strategies

Fortunately, there may be ways to prevent financial abuse of the elderly from occurring. Here are a few effective strategies:

Recognize the Signs of Financial Abuse

In addition to looking for the warning signs outlined above, it’s important that you understand who is at greater risk for financial abuse. While any older person can potentially be abused, there are some who are at an increased risk, including individuals who are isolated or who have cognitive impairments.

Elder abusers tend to target people they think they can get away with abusing. They want to avoid detection, so they may target someone who does not have frequent visitors from relatives or friends. This allows the financial abuse to continue for long periods of time without interruption.

They may also target individuals with mental conditions such as Alzheimer’s and dementia. These conditions can confuse the patient and make it difficult for them to make decisions, think clearly, or tend to their own needs. They may also have difficulty communicating what is happening to others.

Visit Your Loved One

The best way to spot elder abuse is by noticing any sudden changes. This is difficult if you don’t see your loved one very often. Try to make regular visits so that if abuse of this nature does occur, you can notice it quickly and take steps to remedy it.

Regularly Monitor Finances

If possible, keep an eye on your loved one’s finances. You may be a joint account owner or agent under a power of attorney allowing this authority. Your loved one could also agree to allow you to review their bank statements and finances. Online or app access can help spot potential problems even faster than waiting for and reviewing bank statements.

Have Clear and Honest Communication

Having clear channels of communication can help detect possible elder abuse. Ask your loved one about any recent changes or additions in their life. Have a system set up to respond promptly if problems arise.

Choose a Reputable Nursing Home

Avoiding financial abuse starts with selecting the right nursing home. Consumers can find and compare Medicare-certified nursing homes based on their location on the Medicare website. This information includes information about staffing and quality of care. Additionally, a red icon indicates whether a nursing home has been cited for potential issues.

Where to Report Financial Abuse in Nursing Homes

If you suspect your loved one is being abused, you can report it to various entities, including the following:

Adult Protective Services (APS) – Adult Protective Services is a social service program in each state that serves older adults and adults with disabilities who need assistance due to abuse, neglect, or financial exploitation. You can contact the Alabama Adult Protective Services by calling 1-800-458-7214 or (334) 242-1350 or emailing ap*@*********ma.go.
Law enforcement – You can report criminal activity by calling 911 for emergency situations or the non-emergency phone number for the police department or sheriff’s department in the city or county where your loved one resides. You can also contact the local District Attorney’s office and ask them to prosecute the party who abused your loved one.
Long-term care ombudsmen – Long-term ombudsmen assist individuals living in nursing homes and similar institutions. You can contact your local ombudsman in Alabama here.
Healthcare provider – If your loved one has a patient advocate, social worker, or person in a similar role, you can notify them of your concerns.
Resident and family council – If your loved one lives in a community with a resident and family council, you can ask the group for assistance.
Financial institution – You can report fraud or financial exploitation to the institution affected by it, such as a bank account, credit union, credit card company, or other financial services provider.
Nursing home – You can also report your suspicions to the nursing home directly, but you should contact an experienced attorney first.

The Consumer Financial Protection Bureau recommends that you gather and document information when making an official report, including:

Your loved one’s name, contact information, and identifying information
Information about the nursing home and its administrators
The time, date, and location of the incidents in question
Financial records and other documents that support your allegations
Names and contact information for anyone involved in the situation
A description of each suspected act of fraud or abuse
Documentation of your loved one’s disabilities or health conditions, especially concerning their inability to make decisions or memory loss

Ask for a copy of the written report.

Contact Our Elderly Abuse Attorneys for Immediate Legal Assistance

If you are a concerned person who is distressed at the prospect of an elderly adult who may be being financially abused, Siniard Law, LLC can help. Our dedicated legal team has extensive experience handling these cases and other personal injury matters. We have successfully recovered over $200 million in compensation for our clients. We can investigate your case, gather crucial evidence to establish abuse, and take steps to protect your loved one and recover their losses. Contact us today for a free, no-obligation consultation.

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