Elder Abuse: Red Flags and Remedies for Families and Estate Planners

Elder Abuse - especially financial exploitation - is all to prevalent and is a serious concern in estate planning and probate litigation. 

Elder Abuse by the Numbers 

~ 10% of Americans aged 60+ living at home experience abuse, neglect, or exploitation. 

~ In nursing homes and care communities, nearly 16% of residents report being abused. 

~ Physical abuse is the most common form, followed by neglect and psychological abuse. 

~ Two in three caregivers admitted to committing abuse within one-year period. 

~ Older adults with dementia are especially vulnerable ~ Up to 50% experienced some form of abuse. 

Signs of Elder Abuse 

~ Unexplained financial transactions or sudden changes in spending habits. 

~ Suspicious changes to estate planning documents, especially favoring new or previously uninvolved individuals. 

~ Isolation from friends, family, or long-time advisors. 

~ Over-involvement by a caregiver or relative in financial or legal decisions. 

~ Sudden changes in living arrangements or reluctance to discuss finances. 

~ Unusual gifts or asset transfers without clear justification. 

Preventing Financial Elder Abuse For Families: 

~ Monitor financial accounts regularly. 

~ Set up trusted contacts with financial institutions. 

~ Encourage open conversations about estate plans. 

~ Watch for signs of cognitive decline or undue influence. 

For Estate Planners: 

~ Conduct private meeting with clients. 

~ Document all interactions thoroughly. 

~ Use screening tools like the California Undue Influence Screening Tool (CUIST). 

~ Recommend legal safeguards such as conservatorships when appropriate. 

Legal Remedies for Elder Exploitation 

If elder abuse is suspected, swift action is essential. Remedies may include: 

~ Conservatorships 

~ Elder abuse restraining orders 

~ Litigation for financial restitution and punitive damages 

~ Contesting estate documents 

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This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007