Financial Elder Abuse, What’s Involved and Is It Worth the Time and Expense?

Financial elder abuse unfortunately is all too common. The professional fiduciary appointed by the court as conservator or trustee, in many cases, is in the best position to rectify the abuses suffered by an elderly person. Therefore it’s important that the fiduciary be able to identify the various means by which financial elder abuse occurs. It is equally important that the fiduciary have an understanding of the remedies available in successfully pursuing such a claim. To fully evaluate whether or not pursuing a claim is in the best interest of the estate, a basic understanding of the law and how the litigation process works is necessary. This presentation will discuss the basic elements of a financial elder abuse claim; the evidence needed, the basic components litigating the case through trial or mediation. It will also cover some of the basic steps that need to be taken to enforce a judgment or settlement. The purpose of the presentation is to provide the fiduciary with the knowledge of the relevant law and a basic understanding of the process so that the fiduciary is in a position to make an informed decision on whether or not to pursue claim for financial elder abuse.