At Gale Law, we are not just legal professionals; we are advocates for the well-being of seniors and their families. Our practice is not just focused on estate litigation but also elder law, reflecting our dedication to protecting the interests of older adults in matters ranging from financial abuse to complex family disputes. We believe in addressing these challenges with both compassion and precision, offering legal strategies that prioritize dignity, fairness, and justice. With a deep understanding of the unique needs of seniors, we strive to be a trusted resource for families navigating these critical issues.
Signs of Elder Abuse
Elder abuse refers to any action or inaction that causes harm, distress, or exploitation to an older adult. It can take many forms, including physical, financial, and psychological harm.
Some general signs of elder abuse include:
⦁ Abuse, misuse and/or fraudulent use of a Power of Attorney document
⦁ Living in the older adult’s home without their permission
⦁ Theft of the older adult’s assets, malicious use of a joint bank account, or withdrawing money from their account without their permission or knowledge.
Financial Abuse
According to the Canadian Department of Justice, financial abuse (e.g. misuse of money) is the most commonly reported type of abuse against older adults. The National Initiative for the Care of the elderly defines financial abuse as: “An action or lack of action with respect to material possessions, funds, assets, property, or legal documents, that is unauthorized, or coerced, or a misuse of legal authority.”
Elder financial abuse occurs in many ways. It can involve:⦁ An unexplainable, sudden inability to pay for bills and necessities
⦁ Changes in banking patterns, including withdrawal of money from accounts, or a sudden uptick in expenses
⦁ The disappearance of possessions, or a changes in spending or quality of life
⦁ Changes in Power of Attorney documents and/or their will.
Most commonly, elder financial abuse is conducted by a family member, but it can also be inflicted by a caregiver, service provider, or another person in a position of power or trust. This can occur in a variety of ways, including the ones mentioned above. Other ways financial abuse can take place include:
⦁ Monetary gifts made under coercion (force) or threat
⦁ Inappropriate use of a bank card, when a family member or friend is given the PIN to help with specific activities
⦁ Repeated borrowing, or family loans that are never paid back
⦁ Care agreements, where the older adult transfers property to an individual in exchange for care, which they do not provide
⦁ Predatory marriage (when someone marries an elder person for financial gain)
⦁ Pressuring an older person to sign documents they may not understand, or to sign over their home, vehicles, or investments
DISCLAIMER: If you/your loved one is being abused physically and is in danger, please contact the appropriate authorities such as the police. The information on this website relates to the civil crime of financial elder abuse (Gale Law does not practice criminal law).