This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances.

Legal Remedies for Elder Financial Abuse — What the Law Can Do

Financial abuse of an elderly person is a crime in every state. It's also something that can be addressed through civil law. Your parent might be able to get back money that was stolen, obtain restraining orders against the abuser, or take other legal action to protect themselves and recover losses. Understanding what legal remedies are available helps you know what options your parent actually has.

The challenge is that legal remedies require proving that abuse happened, they often require your parent's cooperation, and they're not always successful. Someone might be held civilly liable for financial abuse even though they're never criminally prosecuted. Someone might be prosecuted criminally but not convicted. Someone might be convicted but the money might never be recovered. The law provides remedies, but the remedies aren't guaranteed to accomplish everything your parent needs.

Understanding the Basics

Criminal prosecution for elder financial abuse means law enforcement investigates and the prosecutor decides whether to press charges. If charges are filed, the defendant goes to trial. If convicted, the defendant faces criminal penalties like fines or imprisonment. The goal of criminal prosecution is punishment and deterrence, not directly helping your parent recover money.

Civil lawsuits for financial abuse mean your parent or your parent's representative sues the abuser in civil court. If the court finds the abuser liable, they order the abuser to pay your parent money. The goal of civil litigation is compensating your parent for damages, not punishing the abuser (though compensation is a form of punishment).

A conservatorship or guardianship proceeding is a court process where a court appoints someone to manage your parent's affairs if your parent lacks capacity to manage them themselves. If your parent is being exploited because they lack capacity, a conservatorship with proper oversight can protect your parent.

A restraining order or protective order is a court order that prohibits contact between your parent and the abuser. This is particularly useful when someone is harassing your parent or when the abuser needs to be kept away from your parent.

Recovery of assets is sometimes possible through civil litigation, but it depends on whether the abuser has assets and whether the court can reach those assets. If the abuser spent the stolen money, recovery might be impossible. If the abuser still has assets, the court might award them to your parent.

Your Parent's Specific Situation

Does your parent want to pursue legal action? Some parents want justice and will cooperate fully with prosecution. Some parents just want the abuse to stop and don't want the stress of legal proceedings. Some parents are protecting the abuser and unwilling to cooperate. Your parent's willingness matters because your parent's testimony is often critical.

Does your parent have legal capacity to make decisions about pursuing legal action? If your parent has capacity, they get to decide whether to pursue a lawsuit or cooperate with prosecution. If your parent lacks capacity, someone acting as your parent's guardian or conservator makes these decisions.

Is there clear evidence of the abuse? Was money taken directly, or is it circumstantial? Are there documents, witnesses, or other evidence? The clearer the evidence, the easier prosecution or civil litigation is.

What's the total amount of money involved? Large amounts of money justify the cost and effort of litigation. Small amounts might not be worth pursuing legally.

Who is the abuser? Is it someone your parent has an ongoing relationship with, or someone who's already disappeared from your parent's life? If the abuser is a family member your parent sees regularly, pursuing legal action has relationship consequences. If the abuser is someone who's gone, litigation might feel safer.

Does your parent have money to pay for an attorney? Legal action requires attorneys, which requires money. If your parent doesn't have money and can't qualify for legal aid, pursuing litigation becomes harder.

Taking Action Now

If your parent wants to pursue legal action for financial abuse, start by consulting with an elder law attorney or a criminal defense attorney (for understanding your parent's rights if your parent is accused) or a civil litigation attorney (if your parent is suing for money damages).

The initial consultation with an attorney is important. The attorney can assess whether your parent has a case, what the likely outcomes are, what the process would be, and what it would cost. Understanding these things helps your parent make informed decisions about whether to pursue legal action.

For criminal prosecution, your parent reports the abuse to law enforcement. Police investigate. If they find sufficient evidence, they refer the case to the prosecutor. The prosecutor decides whether to press charges. This process is controlled by law enforcement and the prosecutor, not by your parent. Your parent's role is as a witness.

For civil litigation, your parent's attorney files a lawsuit. The defendant is given notice and has a chance to respond. The lawsuit proceeds through discovery, where both sides exchange information and documents. The case might settle before trial, or it might go to trial. If your parent wins, the court orders the defendant to pay damages.

For a conservatorship, you petition the court to appoint a conservator to manage your parent's affairs. The court determines whether your parent lacks capacity and appoints a conservator. The conservator then manages your parent's finances with court oversight.

For a restraining order, you file a petition in court asking for an order that prohibits the abuser from contacting your parent or coming to your parent's home. If the court finds the petition has merit, they issue the order. Violating the order is contempt of court and can result in criminal charges.

Throughout legal proceedings, your parent might need support. Legal processes are stressful. Your parent might be anxious about facing the abuser in court or giving testimony. Support from family, friends, or a therapist helps your parent handle the stress.

Be prepared for legal action to take months or years. Courts are slow. Litigation involves multiple steps. Your parent needs patience and persistence.

Be prepared that even if your parent wins, getting money might be difficult. If the defendant doesn't have money, a judgment is just a piece of paper. Your parent's attorney can try to collect from the defendant's wages or assets, but this is often difficult.

Be prepared that winning a lawsuit might not bring emotional closure. Your parent might feel vindicated, or your parent might still feel damaged and violated. Legal action addresses the legal wrong, but it doesn't always heal the emotional harm.

Legal remedies exist for financial abuse of the elderly. If your parent wants to pursue them, an attorney can guide your parent through the process. But legal action requires evidence, cooperation, time, and money. It's not always possible, and it's not always successful. But it's available for families who want to pursue it.

How To Help Your Elders is an educational resource. We do not provide medical, legal, or financial advice. The information in this article is general in nature and may not apply to your specific situation. If you are concerned about a loved one's cognitive health or safety, consult with their healthcare provider or contact your local Area Agency on Aging for guidance and support.