When a resident is abused in a nursing home, most people think it only involves physical or emotional abuse. But there is actually a pretty wide variety in the types of abuse a nursing home resident can suffer. One of the most common methods of nursing home abuse is financial abuse and exploitation.
Elder financial abuse and exploitation is a problem that is happening more and more in California nursing homes, with elderly adults losing millions of dollars each year to unscrupulous individuals who take advantage of their vulnerability. Financial abuse and exploitation occurs when nursing home staff members take advantage of the elderly resident’s lack of knowledge or experience with financial matters and using the elderly resident’s money to purchase items or services that the elderly resident does not want or need. In many cases, the elderly resident is not aware that he or she is being taken advantage of.
Stop Financial Abuse and Exploitation By Contacting Maison Law
If you’re one of the elderly people who has been a victim of elder financial abuse in California, it’s important to understand that you have options. Working with our team of experienced California nursing home abuse lawyers at Maison Law can help you hold your nursing home accountable for its illegal actions. No nursing home resident should have to suffer abuse, financial or otherwise. So when it does happen, we’ll be there to stand up for you. Contact us today for a free consultation to learn more.
Is Elder Financial Abuse and Exploitation a Problem In California Nursing Homes?
While it doesn’t involve physical or emotional abuse, elder financial abuse and exploitation is a serious issue that affects elderly adults, especially those living in one of California’s 1,300 nursing homes. According to a study by the National Council on Aging, elder financial abuse costs elderly Americans $36.5 billion annually. In California alone, the cost of financial exploitation of elders is estimated to be in the hundreds of millions of dollars.
One of the issues with the financial exploitation of elderly nursing home residents is that it can take many forms, including:
- Misuse of Power of Attorney – Many nursing home residents have a Power of Attorney that provides access to things like their financial information. One form of elder financial abuse occurs when nursing home staff gains unauthorized use of an elderly adult’s power of attorney to access their finances for their own personal gain.
- Theft – Probably the most common form of elder financial abuse happens when a caregiver is stealing money or possessions from an elderly adult, such as taking cash from a wallet or stealing jewelry.
- Scams – Nursing homes are ripe for scams. Most involve trying to persuade an elderly adult into giving away money through false promises or misleading information. This can include telemarketing scams, fake sweepstakes, or online fraud.
- Fraudulent investment schemes – Along the same lines, another form of elder financial abuse involves convincing an elderly resident to invest their money into a fake or fraudulent investment opportunity.
- Forced transactions – Another common form of elder financial exploitation occurs when another person tries to force an elderly resident to sell property or transfer assets against their will.
- Misuse of funds – Another extremely common form of financial abuse, especially in nursing homes, happens when staff members begin using an elderly adult’s money for personal expenses without their permission or knowledge.
- Unauthorized withdrawals – Much of the financial abuse that happens in nursing homes happens by making unauthorized withdrawals from an elderly adult’s bank accounts or investment accounts.
- Billing fraud – Billing an elderly adult for goods or services they did not receive, or charging an excessive price for goods or services is another extremely common form of elder financial abuse.
- Identity theft – Stealing an elderly adult’s personal information, such as their social security number, to access their finances is among the more well-known ways that financial abuse or exploitation happens.
So, not only is there a wide range of different types of financial abuse or exploitation, there is often no way for the elderly resident to catch it’s even happening. Not only that, but with an increasing elder population in California having to reside in nursing homes, the opportunity for elder financial abuse and exploitation will only increase in the coming years.
What Steps Should I Take If I Suspect Elder Financial Abuse and Exploitation in California?
Unfortunately, elder financial abuse and exploitation is like any other form of nursing home abuse in that it can be difficult to detect. This, in turn, means it’s difficult for your elderly loved one to even realize that their finances are being exploited by the staff that is supposed to be taking care of them.
But like any other form of nursing home abuse, there are steps in place that can be taken to stop elder financial abuse from happening. Overall, it takes raising the level of awareness regarding elder financial abuse and exploitation, then combatting the issue by protecting your elderly loved one’s financial information and access and closely monitoring transactions. While it takes a great deal of effort, here are a few of the steps you can take if you suspect that elder financial abuse or exploitation is happening:
- Raising awareness and education of elder financial abuse and exploitation
- Strengthening laws and regulations
- Reporting suspicious activity
- Protecting personal information
- Establishing power of attorney
- Monitoring financial transactions
- Seeking help
These are just a few steps that can be taken to prevent elder financial abuse and exploitation in California. While no form of abuse, including financial exploitation, can be totally prevented, taking these steps early on can mitigate some of the damage. No matter how it occurs, nursing home abuse is illegal in California. As such, there are other mechanisms in place that will allow your elderly loved one to stand up to any type of abuse they are suffering.
What Legal Options Are There For Elder Financial Abuse and Exploitation in California?
When your elderly loved one is being exploited or abused financially, there are a few options they have to hold the nursing home that is fostering this environment of abuse accountable for their actions.
First, there is the administrative route of reporting the abuse to the California Department of Public Health (DPH). The DPH regulates all nursing homes in California, and as such, has the authority to investigate and punish any nursing home that is engaging in abuse of its residents.
A second, and arguably more consequential option is to work with our team of lawyers to file a lawsuit against the nursing home. Because nursing home abuse is prohibited by law in California, victims have the right to file a lawsuit for damages. When they are being financially exploited, recovering compensation in the form of damages can be extremely important in your elderly loved one’s ability to pay for the care and services they need.
In a California nursing home abuse lawsuit involving financial abuse or exploitation, the following damages are generally available:
- Compensatory damages, which compensate the resident for financial losses suffered.
- Restoration of any assets lost
- Pain and suffering
- Emotional distress
- Injunctive relief
- Attorneys fees and costs
While financial abuse and exploitation are ongoing problems, every claim is unique. The extent of your elderly loved one’s losses will ultimately determine how harshly the nursing home will be punished under the law. Also, as with any case, every lawsuit is a gamble. Working with our experienced team, though, can make sure your elderly loved one has their finances and dignity restored.
Experienced, Dedicated California Nursing Home Abuse Lawyers
At Maison Law, we understand how helpless it can feel to watch your elderly loved one be abused or exploited in their nursing home. While any type of abuse is unacceptable, when a nursing home abuses or exploits your elderly loved one’s finances, it’s often for personal gain. This treatment is entirely unacceptable, and with Maison Law on your side, we will use our legal knowledge and experience to make sure that every available route to compensation is taken for your loved one.
To get started with a free consultation, contact us today.
