Older adults who depend on family members or professional caregivers are vulnerable to abuse. Some people become emotionally abusive toward the people in their care. Others may engage in physical abuse or intentional acts of negligence.
Financial abuse is also relatively common when older adults rely on others for basic daily support needs. Frequently, people engaging in financial abuse may not even realize that their actions are inappropriate. After all, they likely make many sacrifices to take care of their struggling family member.
They may feel surprised when other people accuse them of financial abuse or they find themselves facing criminal charges. People who understand what might constitute the financial abuse of an older adult are less likely to make mistakes that put them at risk of criminal prosecution.
What types of financial conduct can lead to allegations against caregivers?
Misappropriating physical assets
Over a lifetime, an individual might accumulate a broad range of different resources. They might have jewelry or valuable vintage clothing. Laying claim to another person’s property without their consent can constitute financial abuse. Even if a caregiver takes assets with the intention of selling them to cover an older adult’s financial needs, failing to gain approval and to document the reason for the actions might lead to allegations of financial abuse.
Misusing access to accounts
Frequently, financial abuse involves one party abusing their access to the financial resources of another. They use a family member’s credit card to pay for a personal shopping trip or write themselves checks without the permission of the account holder. Even making additional purchases when shopping for an older adult could lead to allegations of financial abuse and penalties for the person accused of using the resources of another person for their own gain.
Extorting money for services
In some cases, it is reasonable to ask for compensation for the care services provided to an older adult. However, they have to agree for the arrangement to be fair and legal. Threatening to withhold necessary forms of support from an older adult without financial compensation can constitute abuse. Leaving someone without any options and forcing them to make financial concessions when they already rely on a specific person for support can be abusive and inappropriate.
Individuals accused of property crimes, including the abuse of an older adult, can sometimes explain the situation with the right assistance. Reviewing financial records and interpersonal communications with a skilled legal team can help people respond effectively to allegations that they financially abused a vulnerable family member.