Protecting Seniors from Financial Exploitation: Legal Safeguards

By Joshua Berkley
Attorney

As our loved ones age, their safety and dignity become even more important. Unfortunately, financial exploitation is a reality that too many seniors face, often at the hands of those they trust. This kind of abuse can leave emotional scars and disrupt the financial stability seniors have worked a lifetime to build. By recognizing the risks and taking protective measures, we can help ensure that seniors maintain their independence and enjoy peace of mind during their later years.

Common Types of Financial Exploitation

Financial exploitation occurs when someone improperly or illegally uses a senior’s assets for personal gain. It’s a widespread issue that often goes unnoticed until significant damage has been done. Common forms of exploitation include:

  • Identity theft: Using a senior’s personal information to open accounts or make unauthorized purchases.
  • Fraudulent schemes or scams: These range from fake lottery winnings to phishing emails designed to steal money or sensitive information.
  • Misuse of financial accounts: This can involve unauthorized withdrawals, credit card misuse, or coercing seniors into signing checks.
  • Exploitation by trusted individuals: Caregivers, family members, or acquaintances may manipulate or pressure seniors for financial gain.

Warning Signs of Financial Exploitation

Recognizing the warning signs of financial exploitation is key to protecting seniors. Common indicators include:

  • Unexplained financial activity: Sudden withdrawals, missing funds, or new, unauthorized account users.
  • Changes in banking habits: Unusual transactions, such as large transfers or frequent ATM usage.
  • Altered legal documents: Unexpected changes to wills, trusts, or powers of attorney.
  • Isolation or secrecy: Seniors may avoid financial discussions or withdraw from loved ones.
  • New relationships or caregivers: Unfamiliar individuals gaining access to financial resources.

If you notice these signs, it’s important to take action immediately to safeguard your loved one’s financial security and well-being.

Legal Protections in Kentucky

Kentucky offers several legal protections to shield seniors from financial exploitation and safeguard their assets. State laws address elder abuse, including financial exploitation, by empowering authorities to investigate and prosecute those who take advantage of vulnerable adults. These laws provide a framework for holding wrongdoers accountable and offer remedies to help recover lost funds.  

One of the most effective tools for protecting seniors is a properly drafted power of attorney. By designating a trusted individual to manage financial matters, seniors can retain control over their assets while ensuring protection against misuse. It’s important to carefully choose this agent and consider limiting their authority to prevent potential abuse.  

Adult Protective Services (APS) plays a critical role in addressing exploitation. They investigate reports of abuse, provide support to victims, and connect families with helpful resources. Reporting suspected exploitation to APS or local law enforcement can stop the harm and initiate recovery efforts.

Steps Families Can Take to Protect Seniors

Families play a vital role in protecting seniors from financial exploitation. By staying involved and proactive, you can help safeguard your loved ones from harm. Here are practical steps to consider:

  • Review financial accounts regularly: Monitor for unusual activity or unauthorized transactions.
  • Secure sensitive information: Keep personal documents, like Social Security cards and banking details, in a safe place.
  • Establish oversight systems: Consider joint accounts with safeguards or assigning a trustworthy financial advisor.
  • Stay informed about new acquaintances: Monitor interactions with caregivers or sudden new friends.
  • Encourage open communication: Create a safe space for seniors to discuss financial concerns.

How We Can Help Protect Your Loved Ones

At Berkley Oliver PLLC, we understand the importance of protecting your loved ones from financial exploitation. We provide personalized legal solutions to safeguard seniors’ assets and ensure their wishes are honored. Our services include drafting clear, protective power of attorney documents, creating trusts to secure financial resources, and reviewing existing estate plans to identify and address vulnerabilities. We take the time to listen and craft strategies tailored to your family’s needs. With our support, you can take proactive steps to protect your loved ones’ financial well-being and peace of mind. 

Contact an Experienced Shelby County Elder Law Attorney

Protecting seniors from financial exploitation is a shared responsibility, and the right legal safeguards can make all the difference. Let Berkley Oliver help you secure your loved one’s future. Contact us today to schedule a consultation and take the first step toward protecting your family’s well-being.

About the Author
Josh Berkley is an attorney and owner at Berkley Oliver PLLC who helps individuals implement plans to protect their assets and their loved ones. Josh focuses his practice in the areas of Estate Planning, Probate, and Elder Law.  From assisting young parents in making a plan to provide for their children, to helping senior clients qualify for Medicaid, Josh works with clients to create estate plans and life plans tailored to each person’s specific goals. He also helps clients with a wide variety of important legal documents such Wills, Trusts, Powers of Attorney, Healthcare Surrogate Designations, and Living Wills. If you have any questions regarding this article, contact Josh here.