Elder Abuse and Financial Exploitation Attorneys
If you suspect that an older adult is being financially exploited, civil legal remedies may help stop further losses and recover money or property. These remedies can proceed alongside a criminal investigation and may include revoking a power of attorney, requesting a hold on a transfer, seeking court authority, or challenging a transaction.
Financial exploitation often involves someone the older adult knows and trusts, such as a relative, partner, caregiver, or agent under a power of attorney. Reviewing the person’s authority, account records, and circumstances of the transactions helps distinguish authorized assistance from misuse.
Milvidskiy Law Group P.C. handles the civil side of elder abuse and financial exploitation: protective steps taken quickly, guardianship where capacity has been lost, and litigation to set aside transfers and hold fiduciaries to account. Reporting and criminal charges belong to public agencies, and we can explain how those run alongside a civil case.
Key Takeaways:
- Prompt protective action may be available. Revocation, notice to financial institutions, and temporary court relief can help address ongoing risk while the facts are investigated.
- Recovering assets may require a separate proceeding. Setting aside a deed or transfer usually requires evidence of undue influence, lack of capacity, or fraud, supported by records and witnesses.
- An agent under a power of attorney is a fiduciary, not an owner. Gifts to the agent, retitling into joint names, and changed beneficiary designations are the transactions that most often turn out to be abuse.
Warning Signs of Elder Financial Exploitation
Changes in financial activity or access to an older adult may warrant a closer review. Examples include:
- Transfers or withdrawals the older adult cannot explain clearly.
- A new joint account, a new name added to an existing account, or a new payable-on-death designation.
- A recently signed power of attorney, will, or deed, especially one prepared by an attorney the family never met.
- Changed beneficiary designations on life insurance, annuities, or retirement accounts.
- A deed transferring the home or adding someone to title.
- Isolation, including restricted calls or visits and another person controlling access to the older adult, mail, or financial information.
Steps That Can Stop an Ongoing Loss
The first priority is to assess whether access to funds or property should be restricted. The following steps may be available while the underlying concerns are investigated.
Revoke the power of attorney and tell the institutions
If the older adult still has capacity, a power of attorney can be revoked and replaced. Revocation only works when the institutions actually learn about it, so written notice to every bank, brokerage, title company, and care provider holding an asset is the part that matters. Incapacity planning should include a new document naming a different agent, often co-agents or a professional.
Use the financial institution’s own protections
Brokerage firms operate under rules aimed directly at this problem. A firm may place a temporary hold on a disbursement or a securities transaction when it reasonably believes an older or impaired customer is being financially exploited, and firms must make reasonable efforts to obtain a trusted contact person for each account, someone the firm may call when it sees something concerning. Banks keep their own fraud and elder-exploitation procedures, which differ by institution. Prompt contact with the fraud department, followed by written notice, may help the institution review the concern and take available protective steps.
Report to Adult Protective Services
Adult Protective Services is the public agency that receives and investigates reports of abuse, neglect, self-neglect, and financial exploitation of vulnerable adults. It is run by state and local government, and eligibility rules and program names differ. New York and New Jersey serve adults 18 and older living in the community who cannot protect themselves because of impairment; Connecticut’s program is directed at residents 60 and older. Anyone can report, and certain professionals must. Law enforcement is the other channel where theft or forgery is suspected. Neither is a service we provide, but we can help you organize what you know first.
Emergency Court Relief When Capacity Is Impaired
When the older adult can no longer make or communicate decisions, the family needs a court’s authority rather than a signature, and courts can act on an emergency basis while a petition is pending. New York courts can appoint a temporary guardian and can restrain third parties on a showing of danger to the person or of waste, misappropriation, or loss of property. Connecticut probate courts can appoint a temporary conservator of the person or of the estate in an emergency, for a limited term. Standards, terminology, and time limits vary by state. An adult guardianship proceeding addresses the continuing authority needed after an emergency.
Guardianship affects personal autonomy and involves court proceedings, so courts prefer the least restrictive effective alternative. It may be appropriate when an older adult lacks capacity and the existing agent is suspected of exploitation. The petition may be contested, and the arrangement can later be narrowed or ended if capacity is regained.
Recovering Assets That Were Taken
Once protective steps are in place, recovery may involve one or more of the following proceedings.
- Turnover and discovery proceedings. Where a guardianship or an estate is already before a court, that court can order a person holding the protected person’s property to disclose what they have and turn it over.
- Actions to set aside a deed or transfer. A transfer can be undone for undue influence, lack of capacity at signing, fraud, or forgery. Undue influence cases usually turn on a vulnerable person, an opportunity to exert pressure, a confidential relationship, and a result favoring the influencer.
- Compelled accountings. An agent under a power of attorney, a trustee, a guardian, or an executor can be made to account for every dollar received and spent. Unexplained withdrawals and self-gifts surface in an accounting faster than anywhere else.
- Constructive trust. Where someone holds property they should not keep in fairness, a court may treat them as holding it for the rightful owner. This is a remedy courts impose, not a trust anyone drafts.
A fiduciary who has breached their duties can also be removed and held personally responsible for the loss. Our estate and trust litigation practice covers the contested accountings, fiduciary removals, and recovery proceedings these cases become.
When the exploitation is discovered after death
Families often find out only when they read the will. The tools change but do not disappear. A will or a beneficiary change signed under undue influence can be challenged. Assets moved before death can be pursued and brought back into the estate. The fiduciary who was in control can be made to account. These claims run through the probate and estate administration process, and they carry time limits that differ by state and by claim, so the calendar should be reviewed at the first meeting.
Power of Attorney Abuse and What an Agent Owes
A power of attorney grants significant authority and should include appropriate safeguards. The agent is a fiduciary who must act within the authority granted, act in the principal’s interest, keep funds separate, and maintain records.
Gifting authority requires particular attention and is not automatic. Many powers of attorney grant none at all, or grant it only in a separate signed section, and an agent who gifts to themselves without that authority has exceeded the document. Retitling an account into joint names, changing a beneficiary designation, and transferring the house are the three transactions worth examining first.
Planning That Makes Exploitation Harder
Planning documents can include safeguards to reduce the risk of exploitation, such as:
- Name co-agents, or require a second signature above a set amount, so no one acts alone.
- Require periodic accountings to a named person, such as another child or an outside professional.
- Limit or remove gifting authority, and state clearly what the agent may and may not do.
- Consider a professional fiduciary where family dynamics are strained or there is no obvious person to name. A trust protector can provide additional oversight, including the power to remove and replace a trustee.
- Estate planning for people without family should identify trusted decision-makers and provide for oversight when close relatives are unavailable.
What Our Service Includes
- An early assessment: what happened, who had authority, and what can be done now.
- Review of the powers of attorney, wills, trusts, deeds, and beneficiary designations, including the circumstances of signing.
- Revocation of an abused power of attorney and notice to the institutions that need to know.
- Guardianship petitions, including emergency and temporary applications, where capacity has been lost.
- Recovery proceedings: turnover and discovery, actions to set aside deeds and transfers, compelled accountings, removal and surcharge, and constructive trust claims.
What These Tools Cannot Do
Recovery depends in part on whether the person responsible still has assets available to satisfy a judgment. A house, account, or vehicle may be recoverable; money already spent can be more difficult to recover. Early review helps identify both protective steps and realistic recovery options.
Criminal charging decisions belong to prosecutors. Civil proceedings may move forward regardless of the criminal investigation and can provide separate remedies.
Where the older adult has capacity and does not want help, their choices generally stand. An adult with capacity may make gifts others consider unwise, favor one child over another, and refuse to report a relative. Capacity, not the family’s view of the decision, is the dividing line. Where capacity is in doubt, a medical assessment usually comes first.
Family members are also not always aligned. If two relatives want different outcomes, they may need separate counsel.
Schedule an Elder Law Consultation
If you think someone is taking advantage of an older adult in your family, bring what you have: the documents, recent statements, and a timeline of when things changed. An early conversation can identify what is available now and what requires a court. Our attorneys practice in New York, New Jersey, and Connecticut, and meet by video or phone as well as in person.
This page is provided for general informational purposes only and does not constitute legal advice. Laws differ by state and change over time. For advice about your situation, consult a qualified attorney.
Frequently Asked Questions
What is elder financial exploitation?
It is the wrongful or unauthorized taking or use of an older or impaired adult’s money or property, including obtaining control over it through deception, intimidation, or undue influence. It covers outright theft, but also misuse of a power of attorney, guardianship, or other authority. Most cases involve someone the older adult knows and trusts.
What are the warning signs that someone is exploiting an older relative?
Warning signs include unexplained transfers, new joint accounts or beneficiary designations, recently signed powers of attorney or deeds, unpaid bills, and restrictions on contact with the older adult. These changes should be considered together and reviewed in context.
Can I stop a sibling from using my parent's power of attorney?
If your parent still has capacity, your parent can revoke the power of attorney and sign a new one naming someone else. Revocation only works in practice once every bank, brokerage, and other institution has written notice. If your parent no longer has capacity, stopping the agent generally requires a court proceeding.
Can a bank or brokerage freeze an account if it suspects exploitation?
A brokerage firm may place a temporary hold on a disbursement or securities transaction when it reasonably believes an older or impaired customer is being financially exploited, and firms must make reasonable efforts to collect a trusted contact person for each account. Banks have their own fraud procedures, which differ by institution. Contacting the fraud department in writing is usually the fastest first move.
How do I report elder abuse or financial exploitation?
Adult Protective Services receives and investigates reports of abuse, neglect, self-neglect, and financial exploitation of vulnerable adults, and is run by state and local government. Program names and eligibility rules differ by state, so confirm the current agency and hotline for the state where the older adult lives. Where theft or forgery is suspected, local law enforcement is the other channel.
Can money or property taken from an older adult be recovered?
Often, yes, if the property still exists. Courts can order a person holding the assets to turn them over, set aside a deed or transfer, compel a fiduciary to account, and impose a constructive trust. Cash that has already been spent by someone without assets is frequently unrecoverable, which is why acting early matters.
What is undue influence and how is it proven?
Undue influence is pressure that overcomes a person’s free will so the resulting document or transfer reflects someone else’s wishes. Cases typically turn on the older adult’s vulnerability, the influencer’s opportunity and confidential relationship, and a result that conspicuously benefits the influencer. Evidence comes from medical records, account histories, the drafting attorney’s file, and witnesses who saw the relationship change.
Do I need a guardianship to stop exploitation?
Not always. If the older adult still has capacity, revoking a power of attorney, changing institutions, or signing new documents may be sufficient. Guardianship may be appropriate when capacity is impaired and the existing agent is suspected of exploitation. Courts prefer the least restrictive effective alternative.
Can an agent under a power of attorney make gifts to himself?
Only if the document grants gifting authority, and many do not, or grant it only in a separate signed section. An agent is a fiduciary and must act in the principal’s interest, keep the principal’s funds separate, and keep records. Self-gifting without authority exceeds the document and can lead to a compelled accounting, removal, and personal liability.
What if I discovered the exploitation only after my parent died?
The remedies shift to the estate. A will or beneficiary change signed under undue influence can be contested, assets transferred before death can be pursued and brought back into the estate, and the person who was in control can be made to account. These claims carry time limits that differ by state and by claim, so have the deadlines reviewed immediately.
