When to involve law enforcement — criminal vs. civil elder abuse
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.
You've discovered that someone has been stealing from your parent. Maybe it's a lot of money, maybe it's a little. Maybe it's a family member, maybe it's a caregiver, maybe it's someone your parent trusted. Your first impulse is to call the police. You want someone arrested. You want your parent's money back. You want this person to face consequences. But when you call the police, you learn that they're not sure if this is a criminal matter or a civil matter, and they don't know what they can do. This is where the distinction between criminal and civil elder abuse becomes critically important. Understanding the difference is the first step toward protecting your parent and getting appropriate help.
Elder financial abuse can be addressed through criminal prosecution, civil law, or both. The paths are different, the outcomes are different, and the risks and benefits are different. A criminal case is pursued by the state against someone accused of a crime. The goal is to punish the defendant and potentially remove them from a position where they can hurt your parent again. A civil case is pursued by your parent or by you on your parent's behalf against the person who caused harm. The goal is to recover money or assets and get a court order preventing future abuse. Some situations warrant both. Many warrant only one.
The reason this matters is that you're about to spend time, money, and emotional energy on a course of action. You want to choose the right path for your parent's situation. You want to understand what you're getting into, what the likely outcome is, and whether it's worth pursuing. You want to know whether law enforcement is actually going to be helpful, or whether you need to work with an attorney to pursue a civil case instead. You want to know the risks. Because sometimes pursuing a criminal case creates problems as much as it solves them.
Understanding the Basics
Criminal elder abuse involves a crime. Someone has stolen from your parent, taken money without permission, forged signatures, committed fraud, or otherwise broken a law. If law enforcement can be convinced there's been a crime, they can investigate. They can arrest someone. They can pursue prosecution. If the case goes to trial and the defendant is convicted, the defendant could go to jail.
The key to criminal prosecution is proving the defendant had intent to commit a crime. If someone made a genuine mistake, or if your parent gave permission, or if the money was borrowed with genuine intent to repay it, proving criminal intent becomes difficult. This is where many elder abuse cases break down. Your parent gave money to a family member who promised to use it for a specific purpose and didn't. Is that theft or a broken promise? Your parent's caregiver paid themselves a salary from your parent's account without written authorization, but the caregiver argues they had verbal permission. Is that fraud or a misunderstanding? The distinction matters legally.
The burden of proof in a criminal case is "beyond a reasonable doubt," which is very high. The prosecutor has to prove the defendant committed the crime, and if there's reasonable doubt, the defendant is found not guilty. This is appropriate for a system that sends people to jail, but it means many cases that would succeed in civil court—where the burden of proof is "preponderance of the evidence" or just "more likely than not"—won't succeed criminally.
Civil elder abuse doesn't require criminal intent. Your parent just has to prove that someone wrongfully took their money or property. The standard of proof is lower. The outcome is usually money damages,the court orders the defendant to repay the money plus interest, court costs, and sometimes attorney fees. The court can also issue an order preventing someone from contacting your parent or coming to your parent's home. You can get much of what you want through civil court without having to prove beyond reasonable doubt that the defendant's actions were criminal.
What makes this confusing is that some cases are clearly criminal, some are clearly civil, and many are somewhere in the middle. A complete stranger who invents a fake charity and pressure your parent into "donating" large sums of money is committing fraud. That's criminal. Your parent's grandchild who asks for a loan and doesn't repay it might be a deadbeat, but it's less clearly a crime. Your parent's live-in caregiver who takes money from your parent's account without permission is probably committing theft, but if your parent gave the caregiver general access to the account and can't specifically remember whether they authorized this particular withdrawal, the case gets murkier.
Your Parent's Specific Situation
To determine whether criminal prosecution, civil action, or both makes sense, you need to answer specific questions about what happened and whether you can prove it.
What is the nature of the wrongful taking? Did someone steal money from a bank account, forge a check, con your parent into sending money, pressure your parent into a loan, take advantage of your parent's cognitive decline to get them to sign over property? The nature of the conduct matters. Taking money directly is more clearly theft than convincing someone to give money based on false promises.
How much money or what property is involved? If it's a small amount, law enforcement probably won't prioritize the case. If it's a large amount, they're more likely to investigate. Civil court involves attorney fees and filing fees, which can add up quickly. If the amount in question is less than ten thousand dollars, pursuing a civil case might cost more than you recover.
Can you document the wrongful taking? Do you have bank statements showing unauthorized withdrawals? Do you have evidence that someone made purchases on your parent's credit card? Do you have communications in which someone admitted to taking money? Do you have evidence of forged signatures or fraudulent documents? The stronger your documentary evidence, the more likely law enforcement will take the case seriously, and the more likely you'll win in civil court.
Who is the person who took the money? Is it a stranger, a caregiver, a family member? If it's a family member, law enforcement will be more reluctant to get involved. Prosecutors don't like to prosecute family members, especially if the victim is also a family member who might not want to testify. If it's a paid caregiver or a professional, law enforcement is more likely to take the case seriously because there's no family loyalty complicating things.
Is your parent willing to testify or cooperate with law enforcement? If law enforcement investigates and the case goes to prosecution, your parent might be required to testify in court. If your parent has dementia or other cognitive issues, they might not be a credible witness. Prosecutors won't pursue a case they can't win, and they can't win if their main witness can't testify coherently about what happened.
What outcome do you actually want? If you want the money back, criminal prosecution won't give you that. Only civil court can order someone to repay money. If you want someone arrested and punished, criminal prosecution is the route. If you want both money back and assurance that this person can't hurt your parent again, you might need both criminal and civil action. Being clear about what you want helps you choose the right path.
Taking Next Steps
If you believe your parent is the victim of financial exploitation that might be criminal, start by contacting law enforcement. Call the police non-emergency line and report what happened. Be prepared to provide specific information: the name of the person who took money, the amount taken, how you know the money was taken, and what documents you have. Don't expect immediate action. Police departments prioritize cases, and financial crimes against elders don't always rank highly in their system.
If law enforcement is unresponsive, contact your state's attorney general's office. Many states have a division that handles elder fraud. They might have more resources and more commitment to pursuing these cases than local police.
Contact Adult Protective Services. APS investigates reports of elder abuse, including financial abuse. An APS investigation doesn't result in criminal charges, but it creates a record and provides support and resources to your parent. It also triggers a mandated reporter system, where healthcare providers and others who interact with your parent are required to report signs of abuse.
Consult with an elder law attorney about pursuing a civil case against the person who took money from your parent. A civil case is based on a lower standard of proof and doesn't require proving criminal intent. You can recover money, which is often what matters most. Civil court can also issue orders protecting your parent from future contact with the person who exploited them.
Understand the limits of what law enforcement can accomplish. Police can investigate. Prosecutors can prosecute. But they can't make your parent whole financially. They can't guarantee your parent gets their money back. They can pursue punishment, which might feel like justice, but it doesn't solve your parent's financial problem. Don't count on criminal prosecution to recover money. If recovery is your goal, work with an attorney on a civil case.
Be prepared for the reality that many cases go nowhere. Law enforcement has limited resources. Prosecutors are overburdened. Many elder financial abuse cases don't get prosecuted because there are too many cases and too few resources. This doesn't mean you shouldn't report what happened. You should. But you shouldn't depend entirely on the criminal justice system. Parallel action,reporting to law enforcement and pursuing a civil case,gives you better odds of actually protecting your parent and recovering money.
If the person who exploited your parent is a family member, this becomes even more complicated. You have to decide whether you want to pursue legal action against someone you're related to, knowing it will create conflict, possibly irreparable conflict, within your family. You have to decide whether your parent would support this action or whether they feel conflicted about turning a family member over to law enforcement. There's no right answer. These are deeply personal decisions. But they should be made deliberately, not in anger. Think about what outcome would actually help your parent and what you can live with afterward.
Document everything you have: bank statements, emails, text messages, any communication admitting wrongdoing. Give copies to law enforcement if they're investigating. Give copies to your attorney if you're pursuing a civil case. Keep a copy for yourself. These documents are your evidence.
Most importantly, understand that pursuing any legal action is emotional and time-consuming. You're going to have to talk about what happened repeatedly. You might have to testify. You might have to face the person who exploited your parent in court. You're going to have to spend money. You're going to have to live with the outcome, whatever it is. Make these decisions carefully, with the help of people who can advise you, and only pursue the legal route if you believe it will actually protect your parent or achieve something important for them. Sometimes it does. Sometimes the best thing you can do is focus on stopping the exploitation and preventing future harm, rather than pursuing punishment after the fact.
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 safety or financial wellbeing, consult with an elder law attorney or contact your local Area Agency on Aging, Adult Protective Services, or law enforcement for guidance and support.