As with those who have endured other types of abuse, victims of
financial elder abuse often feel they can’t or shouldn’t seek recourse.
Most commonly perpetrators of financial
exploitation – which can range from stealing Social Security checks to
taking over assets – are family members, caregivers or others known and
trusted by those who are victimized. That can make individuals who are
financially exploited all the more reluctant to come forward, and
experts say perpetrators often bank on this or pressure victims not to
speak up as well to keep their indiscretions from seeing the light of
day – and stave off a day in court.
That betrayal by a family member or another
trusted person is especially hard on those who are financially abused,
says Sarah Barnard, a social worker who manages an elder abuse
prevention program at WISE & Healthy Aging, a nonprofit social
services organization in Santa Monica, California. On top of that, many
who’ve been financially exploited feel shame and guilt, and that may be
reinforced by
victim-blaming.
“It’s just people’s way of distancing themselves, saying, ‘Oh that
wouldn’t happen to me,’” Barnard says. “People feel so much pain,” she
adds. “They feel like they can’t reach out and get support, because they
feel like they’re not allowed to feel victimized in a way.”
But as experts note, the widespread nature of financial exploitation
shows it can happen to anyone.
Increasingly, states are looking at new
ways to legally address financial exploitation – to better address and
deter this form of abuse
as the U.S. population ages and, experts say, increasing numbers are vulnerable. Most states currently criminalize financial elder abuse, says
Matthew Andres,
director of University of Illinois College of Law’s Elder Financial
Justice Clinic, which provides free legal services to victims of
financial exploitation. That means in addition to laws already on the
books to prosecute things like theft, there are “enhanced” penalties or
additional charges that may be filed in financial exploitation cases
involving seniors or vulnerable adults that could increase jail time for
perpetrators.
What’s more, Andres notes that a handful of
states now have statutes in place allowing older or vulnerable adults –
such as someone with cognitive or mental impairment – to sue
specifically for elder financial exploitation; Andres says states with
so-called elder financial exploitation civil causes of action include
Arizona, California, Florida, Oregon, Minnesota, Utah, Illinois and
Washington. (In general, in cases where victims are deemed to be unable
to act on their own behalf, due, for instance, to cognitive impairment
like severe
dementia, another person acting under power of attorney or a public guardian may file suit on their behalf.)
A key feature of elder financial exploitation
civil causes of action is that they allow victims to sue for multiple
times the amount lost – typically two or three times the amount – and
also to recover attorneys’ fees for bringing the case, Andres says.
“It’s both to punish people more and act as a deterrent for this kind of
behavior but also to encourage settlement of these cases,” he says.
“Because somebody is more likely to give back 100 percent of the money
that is taken if they know that at the end of the case they may have to
give back 300 percent of the money that was taken.” In addition, being
able to recover attorneys’ fees can help in finding a lawyer to take an
elder financial abuse case, which can be challenging to litigate.
“They’re complex cases and a lot of attorneys just don’t want to get
involved in recovery – recovery may be difficult,” he says. “So
rewarding attorneys' fees is important to help people get
representation.”
In the rest of states without elder financial
exploitation civil statutes, individuals can still sue to recover
losses. But commonly they may not be able to recover more than 100
percent or attorneys' fees. Frequently property or money stolen is
quickly expended, with nothing left to recover. That’s another reason
experts say it’s critical that victims as well as anyone who suspects
elder financial abuse report it immediately to authorities. Call local
law enforcement or contact your
local Adult Protective Services office to report financial exploitation – the earlier, the better to best prevent damages from mounting.
Don’t forget, too, experts say, that the cost of
financial abuse goes far beyond the monetary loss. Rather, it should be
treated like other types of abuse or trauma, Barnard says. “Victims and
their families should know that services like counseling and case
management can help them heal and stabilize after being financially
abused. The victim may need help with basic needs like reliable
caregiving, food, transportation and housing.” This may involve getting
help from numerous agencies; Barnard recommends looking up social
services in their area to see what’s offered.
Therapy may also be helpful to address the fallout from financial abuse. Studies have found increases in
depression and
anxiety associated with financial exploitation, and experts say it may increase risk for
suicide
as well. Therapy can help address mental health concerns, Barnard says.
“It can help elders process the shame and betrayal that many victims
feel after being taken advantage of by those who they may have trusted.”
Dr. Robert Roush,
a professor of geriatrics at the Huffington Center on Aging at Baylor
College of Medicine in Houston, emphasizes the importance of this kind
of “psychological first aid” to help those affected feel safe again. In
addition, it’s important that those who have been victimized don’t make
any major financial decisions right away – such as in an attempt to try
to recoup losses – says Roush, who is the medical project director for
the Elder Investment Fraud and Financial Exploitation Prevention Program
(or EIFFE) Prevention Program. Instead, the extent of the loss first
needs to be determined, and it’s important to speak with professionals,
such as social workers who deal with financial abuse cases, financial
advisors and possibly with attorneys experienced in dealing with such
cases – if considering legal action – about next steps.
Apart from taking action to recover monetary losses, experts say victims
of financial abuse most especially need support to weather the storm
and reduce the likelihood of re-victimization. “Check in with vulnerable
elders to reduce isolation and loneliness, as those are factors that
increase their likelihood of being exploited,” Barnard says. That might
include seeing if they’re interested in going to a local
senior center
or getting involved with a church they attend, she suggests. Providing
non-judgmental support is critical to begin to address and recover in a
holistic way all that was really lost, experts say, when a relationship
was financially exploited to profit the abuser. As Barnard points out,
“The vast majority of people who are financially abused get into that
position because they are looking out for others.”
