Elder Financial Abuse Lawyer

At Kelner & Kelner, we are committed to protecting New York's elderly population from financial exploitation and abuse. For over 75 years, our dedicated attorneys have fought tirelessly to help seniors and their families recover assets lost to financial abuse and hold perpetrators accountable for their actions. Elder financial abuse can take many forms, from outright theft and fraud to more subtle manipulation by caregivers, family members, or trusted professionals. Our experienced elder abuse attorneys understand the devastating impact these crimes can have on seniors and their families, both financially and emotionally. With extensive experience in elder law and a proven track record of successful recoveries, we provide compassionate representation while aggressively pursuing justice for our vulnerable elderly clients.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Types of Elder Financial Abuse

At Kelner & Kelner, we have seen numerous forms of financial exploitation targeting elderly New Yorkers. Understanding these different types of abuse is crucial for prevention and taking legal action. Here are the common types of elder financial abuse we handle:

Theft and Fraud by Caregivers

Caregivers, whether professional or family members, may:

• Steal cash, jewelry, or valuable possessions
• Make unauthorized purchases using credit cards or checks
• Forge signatures on financial documents
• Manipulate ATM cards and PIN numbers
• Add their names to bank accounts without proper authorization

Power of Attorney Abuse

We frequently handle cases involving:

• Misuse of power of attorney privileges
• Unauthorized transfer of assets or property
• Changes to wills or trusts under duress
• Exploitation of medical power of attorney
• Making financial decisions that benefit the agent rather than the elder

Professional and Business Scams

Our attorneys combat exploitation by:

• Investment advisors pushing unsuitable or fraudulent investments
• Insurance agents selling unnecessary or inappropriate policies
• Contractors charging excessive fees for unnecessary work
• Banking professionals manipulating accounts or pushing unnecessary services
• Real estate professionals engaging in property fraud

Family Financial Exploitation

We handle sensitive cases involving:

• Adult children pressuring parents for loans or gifts
• Family members moving in and refusing to contribute to expenses
• Unauthorized use of joint accounts
• Coercion to change estate planning documents
• Theft of Social Security or pension benefits

Phone and Internet Scams

Our firm assists victims of:

• Lottery and sweepstakes scams
• Romance scams on dating websites
• Grandparent scams claiming relatives need emergency money
• Tech support scams
• Identity theft and credit card fraud

If you suspect your elderly loved one has been victimized by any of these forms of financial abuse, contact Kelner & Kelner immediately. We understand the complex nature of elder financial abuse and have the expertise to investigate these cases thoroughly while treating your family with the compassion and respect you deserve.

Financial Abuse in Nursing Homes

At Kelner & Kelner, we understand that placing a loved one in a nursing home requires immense trust. Unfortunately, nursing homes can sometimes become sites of financial exploitation. Our attorneys have extensive experience investigating and litigating cases of financial abuse within New York's nursing homes and long-term care facilities.

Common Forms of Nursing Home Financial Abuse

Through our years of representing victims, we've encountered numerous schemes including:

• Stealing personal belongings from residents' rooms
• Unauthorized charges for services never provided
• Double-billing for medical equipment or medications
• Coercing residents to modify their wills or financial documents
• Staff members manipulating residents into giving "gifts" or loans
• Misappropriation of residents' personal funds accounts
• Forging signatures on financial documents or checks
• Overcharging for basic care services

Institutional Cover-Ups

Often, financial abuse in nursing homes goes beyond individual staff members. We frequently uncover:

• Systematic billing fraud schemes
• Deliberate understaffing while charging full service rates
• Kickback arrangements with medical equipment suppliers
• Failure to maintain proper financial records
• Intentional mishandling of residents' trust accounts
• Corporate policies that enable financial exploitation

How We Protect Your Rights

Our attorneys take decisive action by:

• Conducting thorough audits of financial records
• Interviewing staff members and other residents
• Working with forensic accountants to trace missing funds
• Documenting all unauthorized transactions and charges
• Reporting abuse to appropriate state agencies
• Pursuing legal action against both individual perpetrators and the facility
• Seeking recovery of stolen assets plus punitive damages when appropriate

If you suspect your loved one has been financially exploited in a nursing home, immediate action is crucial. At Kelner & Kelner, we can help you investigate suspicious activity, stop ongoing abuse, and recover misappropriated assets. Contact us today to discuss your concerns with our experienced elder abuse attorneys.

What Can I Do If I Suspect Financial Elder Abuse?

At Kelner & Kelner, we understand that recognizing and responding to elder financial abuse can be overwhelming. If you suspect your loved one is being financially exploited, taking prompt action is crucial to prevent further losses and protect their assets.

The first step is to document everything. Keep detailed records of suspicious transactions, missing items, or unusual financial activity. Save all relevant paperwork, including bank statements, receipts, and any communication with suspected abusers. Take photographs of documents when possible and maintain a written timeline of events.

Next, report the suspected abuse to the appropriate authorities. In New York City, you can contact Adult Protective Services (APS) or the Department for the Aging. If you believe a crime has been committed, file a police report immediately. These official reports create a documented record of the abuse and may be crucial for any future legal action.

It's also essential to secure your loved one's finances as quickly as possible. This might involve changing passwords, closing compromised accounts, placing a freeze on credit reports, or revoking powers of attorney that may have been misused. However, consult with legal counsel before making any major financial changes to ensure you're taking appropriate action.

At Kelner & Kelner, we recommend seeking legal representation as soon as you suspect abuse. Early intervention can help prevent further financial losses and improve the chances of recovering stolen assets. Our experienced elder abuse attorneys can help you navigate the complex legal process, including gathering evidence, identifying all responsible parties, and pursuing appropriate legal action.

Remember, financial exploitation often occurs alongside other forms of elder abuse. We can help you recognize additional warning signs and take comprehensive action to protect your loved one's physical, emotional, and financial well-being. Our firm can also connect you with appropriate support services and resources while we handle the legal aspects of your case.

Don't wait to take action if you suspect elder financial abuse. Contact Kelner & Kelner today for a confidential consultation. Our compassionate attorneys will listen to your concerns and help you develop a strategy to protect your loved one's assets and hold abusers accountable.

How an Elder Abuse Lawyer Can Help

At Kelner & Kelner, our elder abuse attorneys provide comprehensive legal support to protect seniors and their families from financial exploitation. Our experienced team combines aggressive legal advocacy with compassionate client service to achieve the best possible outcomes for victims of elder financial abuse.

Investigation and Evidence Gathering

Our legal team conducts exhaustive investigations to build strong cases. We work with forensic accountants to trace missing funds and document unauthorized transactions. Our attorneys obtain and analyze financial records, interview witnesses, and gather documentation of suspicious activities. We also collaborate with medical professionals when necessary to establish your loved one's mental capacity at the time of suspected exploitation.

Legal Strategy and Case Building

After thoroughly investigating your case, we develop a comprehensive legal strategy tailored to your specific situation. Our attorneys identify all potentially liable parties, from individual perpetrators to institutions that enabled the abuse. We carefully document damages, including direct financial losses, interest, and additional costs incurred due to the exploitation. When appropriate, we also pursue punitive damages to hold abusers fully accountable.

Recovery of Assets

We pursue all available legal avenues to recover misappropriated assets. This includes negotiating with financial institutions, filing civil lawsuits, and working with law enforcement when criminal activity is involved. Our attorneys understand how to navigate complex financial transactions and use legal tools such as temporary restraining orders and asset freezes to prevent further losses during legal proceedings.

Coordination with Authorities

Our firm maintains strong relationships with relevant agencies and authorities throughout New York. We coordinate with Adult Protective Services, law enforcement, and other regulatory bodies to ensure a comprehensive response to abuse. We can help report crimes, provide evidence to investigators, and ensure your case receives proper attention from authorities.

Prevention of Future Abuse

Beyond recovering lost assets, we help implement safeguards against future exploitation. Our attorneys can assist with:

• Establishing proper financial oversight mechanisms
• Reviewing and updating estate planning documents
• Setting up protective trusts
• Modifying powers of attorney
• Creating financial management plans

Supporting Families Through the Process

We understand the emotional toll elder financial abuse takes on families. Our compassionate legal team provides regular case updates and clear communication throughout the legal process. We explain your options in straightforward terms and help you make informed decisions about your case. Our attorneys are always available to address your concerns and answer questions as they arise.

Signs of Elder Financial Abuse

Through our extensive experience representing victims and their families, we've identified key warning signs that may indicate financial exploitation.

Changes in Financial Activity

• Sudden large withdrawals or unusual bank activity
• Missing monthly statements or financial documents
• Unexplained transfers between accounts
• New names added to bank accounts or credit cards
• Bounce payments for regular bills despite adequate funds

Changes in Legal Documents

• Unexpected modifications to wills or trusts
• Sudden power of attorney changes
• New signatures that look irregular or forged
• Documents signed when the elder was hospitalized or ill
• Missing important legal or financial paperwork

Unusual Behavior or Relationships

• New "friends" who seem overly interested in finances
• Isolation from family members and longtime friends
• Fearful or anxious behavior when discussing money
• Reluctance to discuss financial matters when certain people are present
• Excessive gifts or loans to caregivers or new acquaintances

Physical and Environmental Signs

• Valuable items missing from the home
• Unpaid bills piling up despite adequate income
• Lack of basic necessities or medical care
• Sudden changes in living conditions
• Missing medication or medical equipment

Changes in Financial Management

• Unexplained changes in financial advisors or attorneys
• Unusual investment decisions inconsistent with past choices
• Newly authorized users on credit cards
• Sudden online banking activity for seniors who don't use computers
• Suspicious explanations about financial decisions

If you notice any of these warning signs, don't wait to take action. Contact Kelner & Kelner immediately for a confidential consultation. Our experienced elder abuse attorneys can help investigate suspicious activity and take swift legal action to protect your loved one's assets. Remember, early intervention is crucial in preventing further financial exploitation and improving the chances of recovering lost assets.

Remember that elderly individuals may be embarrassed or afraid to admit they've been victimized. As their advocate, it's important to stay vigilant and take action at the first sign of potential abuse. Let our experienced legal team help protect your loved one's financial security and hold abusers accountable for their actions.

Contact Our New York Elder Financial Abuse Lawyers for a Free Consultation

If you suspect that your elderly loved one is being financially exploited, time is of the essence. At Kelner & Kelner, we have helped countless New York families recover assets and hold perpetrators accountable for elder financial abuse. Our experienced attorneys understand the sensitivity and urgency of these cases, and we're ready to take immediate action to protect your loved one's financial security. Contact us today at (212) 235-1027 for a free, confidential consultation.

FAQs About Elder Financial Abuse

1. What is elder financial abuse?

Elder financial abuse occurs when someone unlawfully takes or misuses an elderly person’s money, property, or assets. This can include fraud, theft, coercion, or manipulation, often by family members, caregivers, financial advisors, or scam artists.

2. What are common signs of elder financial abuse?

Some common warning signs include:

• Unexplained withdrawals or transfers from bank accounts.
• Sudden changes in financial documents, such as wills or powers of attorney.
• Missing property or possessions.
• Unpaid bills or financial difficulties despite having sufficient funds.
• An elderly person expressing fear or confusion about their finances.

3. Who is most at risk for elder financial abuse?

Elderly individuals who are isolated, have cognitive impairments like dementia, or rely on others for financial management are most at risk. Perpetrators often exploit trust and vulnerability to gain control of assets.

4. What should I do if I suspect elder financial abuse?

If you suspect financial abuse, take the following steps:

• Report your concerns to local Adult Protective Services (APS) or law enforcement.
• Notify the elderly person’s bank to flag suspicious transactions.
• Document evidence of the abuse, including financial records, suspicious changes to legal documents, or statements from the victim.
• Consult an experienced elder financial abuse attorney to protect the victim’s rights and recover misused assets.

5. Can I file a lawsuit for elder financial abuse in New York?

Yes, you can pursue legal action against the perpetrator to recover stolen assets and seek damages. An elder financial abuse lawyer can guide you through the legal process, including filing civil claims for restitution, fraud, or other financial misconduct.

6. How can an attorney help with an elder financial abuse case?

An attorney can investigate the abuse, gather evidence, and advocate for the victim’s rights. They can help recover misappropriated funds, hold perpetrators accountable, and, in some cases, seek punitive damages. Lawyers also assist in revising legal documents to prevent further exploitation.

7. Are there time limits for filing an elder financial abuse claim in New York?

Yes, there are statutes of limitations for different types of claims, such as fraud or breach of fiduciary duty. Acting quickly is essential to preserve evidence and meet deadlines. An attorney at Kelner & Kelner can advise you on the specific timelines for your case.

8. How do I choose the right lawyer for an elder financial abuse case?

Look for an attorney with experience in elder law and financial abuse cases. A strong track record, personalized attention, and understanding of New York’s legal system are key. Kelner & Kelner’s compassionate and skilled attorneys are here to guide you through this challenging time.

9. What damages can be recovered in an elder financial abuse case?

Recoverable damages may include:

• Reimbursement of stolen or misused funds.
• Compensation for emotional distress caused by the abuse.
• Punitive damages to penalize the perpetrator in egregious cases.
  An attorney will evaluate your case to determine the damages available.

10. How can Kelner & Kelner help with elder financial abuse cases?

At Kelner & Kelner, we are dedicated to protecting the rights of vulnerable elderly individuals and their families. Our experienced legal team will thoroughly investigate your case, fight for justice, and work tirelessly to recover stolen assets. Contact us today for a free consultation.