The spotlight is on Pennsylvania as lawmakers look to address growing abuse in its older adult population. While elder abuse can take many forms—physical, psychological, sexual, and neglectful—elder financial exploitation is more common than one may think. It affects at least one in six older adults annually.
As Pennsylvanians age, they may rely heavily on others for assistance, often family members, friends, and even close community connections. Unfortunately, that means elder financial exploitation allegations can arise where trusted individuals and caregivers face legal implications because of a loved one's diminished capacity. Although many may think they can handle accusations amicably by confronting loved ones personally, the risks of managing the situation alone can lead to:
- Diversion of family assets away from the accused
- Court protective orders separating family members and friends
- Increased mistrust in support networks for older adults
- Damaged personal, professional, and financial reputation
Emerging allegations of elder financial exploitation are serious matters. Whether they emanate from unfair or false pretenses, those accused need professional legal help. The LLF Law Firm Family Law Team recognizes the risks older adults and their families encounter in the task of providing life-affirming care. To protect your personal and professional reputation, call us today at 888-535-3686 or fill out our confidential consultation form.
What Is Elder Financial Exploitation in Pennsylvania?
At times when family members or close friends may begin to assume some care duties for older adults, they must understand the potential legal ramifications. Even though individuals put themselves in decision-making positions for elders, there are multiple laws on the books that guide appropriate practice. For instance, Pennsylvania prohibits material exploitation of older adults, often used in conjunction with phrases such as financial exploitation.
Pennsylvania law asserts that financial exploitation involves the "illegal or improper use of an elder's funds, property, or assets." There are many forms of exploitation, and the law prohibits acts that include, but are not limited to:
- Cashing a check without authorization
- Forging a signature
- Misusing or stealing money
- Misappropriation of legal instruments, such as a power of attorney
Under the Older Adults Protective Services Act (OAPSA), those targeted under the law include family members or others "in a position of trust." The legislation maintains six categories for those designated in a position of trust caring for older adults (anyone over the age of 60) and care-dependent persons (CDPs):
- Parents, spouses, adult children, or other married or blood relatives
- Joint tenants or roommates
- Current or former sexual or intimate partners
- Those who receive monetary or other valuable consideration for providing care
- Individuals with power of attorney, guardianship, fiduciary, custodianship, conservatorship, or trustee obligations
- Individuals who live with or provide some component of home care services continuously, including neighbors or friends who offer uncompensated care
False or unfounded allegations of elder financial exploitation can have serious effects on family members who serve as caregivers or financial proxies. In many cases, a relative may manage an older adult's bank accounts, pay bills on their behalf, or make healthcare decisions through a power of attorney.
While these responsibilities are often carried out with the older adult's best interests in mind, misunderstandings about withdrawals, transfers, or medical billing can raise suspicions. If neighbors, healthcare workers, or even other relatives report these activities as potential financial exploitation or fraud, family caregivers could suddenly find themselves under investigation—even if their actions were entirely justified.
Investigations Into Elder Financial Exploitation
OAPSA requires employees or administrators of numerous healthcare and home care facilities to report alleged financial exploitation. Yet, for older adults living in community settings, agencies can field claims from anyone. Investigations will begin quickly, and the agency spearheading the inquiry will depend on whether the older adult or CDP is in a facility or community setting.
The Area Agency on Aging (AAA) organizes investigations into older adults living in the community, such as those living independently or with minimal assistive care. The Office of Long-Term Living (OLTL) will explore cases for those residing in facilities. Caseworkers will likely conduct a home visit to:
- Examine and document living conditions
- Review the financial records of the alleged victim
- Speak with the alleged victim and others with pertinent information
Investigators will assess whether the older adult or CDP in question can handle their own affairs moving forward or with the present assistance from family or other representatives. They will also decide whether undue influence or other conditions contribute to ongoing vulnerability and if a form of intervention is needed. If evidence suggests criminal conduct, such as fraud or theft, AAA or OLTL refers the case to local law enforcement or the county district attorney's office for further investigation or to file charges.
Criminal Consequences of Elder Financial Exploitation
County and state authorities typically grade elder financial exploitation as a first-degree misdemeanor. However, charges are case-dependent, and the level of alleged exploitation—such as a dollar amount—is vital.
If the amount allegedly exploited exceeds $20,000, the Office of the Attorney General has parallel jurisdiction to investigate and institute criminal proceedings. Nevertheless, in county jurisdictions, the penalties associated with elder financial exploitation include:
- First-degree felony: maximum of 20 years incarceration and a $25,000 fine.
- Second-degree felony: maximum of ten years incarceration and a $25,000 fine.
- Third-degree felony: maximum of seven years incarceration and a $15,000 fine.
- First-degree misdemeanor: maximum of five years incarceration and a $10,000 fine.
In addition to fines and incarceration, those charged with elder financial exploitation may face mandatory minimums. If a person is convicted of a charge related to theft by deception where the victim is an older adult, there is a mandatory minimum sentence with a length of no less than 12 months. Despite the consequences of a trial, Pennsylvania's protective provisions can levy restrictive measures on the accused even before official charges are filed.
Protective Orders for Elder Financial Exploitation
Most associate court protective orders with physical, mental, or emotional abuse. However, Pennsylvania's Protection from Abuse Act permits courts to issue protection from abuse (PFA) orders in domestic violence cases. Since family members are often caregivers for their older relatives in their homes or shared spaces, it can fall under domestic violence. In some circumstances, judges can also impose criminal protective orders (CPOs), similar to PFAs.
PFAs, also known as "stay-away orders," mean the accused and the accuser cannot contact each other. Considering that many parties in elder financial exploitation cases live with or among one another, this presents a significant problem. Moreover, courts can impose protective orders without the accused present.
Although family members and others restricted by a PFA can defend themselves in court, it isn't immediate. But once judges issue orders—even based on false or unfair allegations—the effects are, and those accused may suffer the following potential consequences:
- Instructed to stay a certain distance from the accuser
- Prohibited from contacting the accuser through electronic means or third parties
- Loss of residence with the accuser granted sole possession
- Changes in the power of attorney or guardianship responsibilities
- Breaches of professional licensure conduct rules
Protective orders can remain active for up to three years. Violations, even something as minor as trying to call the accuser and mend alleged issues, are serious criminal matters. Critically, when law enforcement has probable cause to believe a violation occurred, they will conduct an arrest, even if the alleged violation didn't happen in their presence.
Therefore, if someone mentions to the police that one party acted beyond the terms of the order, the accused will face indirect criminal contempt of court charges. As a second-degree misdemeanor, individuals face a maximum of six months incarceration and a $1,000 fine. Furthermore, the PFA is likely amended or augmented with more restrictive measures to address the chance of re-offense. If protective order breaches involve allegations of other crimes, such as theft or fraudulent activities, the court moves forward with additional charges.
LLF Law Firm Elder Financial Exploitation Defense
It's an immense responsibility for family members and close friends to assume caregiving duties for older adults. Rendering care means shifting around schedules and lifestyles to ensure loved ones have what they need in their later years. However, allegations of elder financial exploitation can arise even in the most harmonious scenarios and can take anyone by surprise.
The LLF Law Firm Family Law Team understands the complex and emotional situation financial exploitation accusations can present. Those accused may feel intimidated by protective orders and trials, damage to their reputation, and harming the relationships with those they love. While the situation may present seemingly insurmountable obstacles, our team is dedicated to boosting your confidence with the best outcome.
Our attorneys challenge Pennsylvania courts in their interpretation of the alleged charges. We will determine the facts of any situation, such as who is in a position of trust, if financial exploitation laws cover scams against older adults, and the correct usage of powers of attorney. With us, you can remain worry-free as we leverage our experience with families across Pennsylvania in every matter related to elder financial exploitation. Call the LLF Law Firm Family Law Team now at 888-535-3686 or visit our confidential consultation form, and we will contact you.
