Practice Areas

Nursing Home Abuse
Personal Injury and Automobile Accidents
Medical Malpractice
DUI, Traffic and Criminal Law Defense
Business Litigation
Divorce

Blog

Firm News

Jury awards senior $7.75 million in nursing home abuse lawsuit
Posted on 2/27/2010

Virginia Beach nurse implicated in nursing home identity theft
Posted on 1/29/2010

Kickbacks lead to nursing home residents being prescribed drugs
Posted on 1/29/2010

Cases of nursing home abuse and neglect may go up over the holiday season
Posted on 11/30/2009

Senators pushing back against DEA narcotics crackdown affecting nursing home residents
Posted on 10/31/2009

GAO Report questions ability of CMS to find and monitor subpar nursing homes
Posted on 9/30/2009

Virginia nursing home being sued for $26M over resident death
Posted on 8/28/2009

State Attorney Generals raise concerns about CMS Nursing Home Rating System
Posted on 8/27/2009

Abuse investigation of Virginia nursing home workers
Posted on 7/30/2009

Nursing Homes on the lookout for Swine Flu
Posted on 6/24/2009

View All

Firm Library

Are Elder Financial Abuse Cases are on the Rise in Virginia?

The troubled economy is causing problems for elderly Americans, not because they are experiencing financial difficulties but because the people who care for them are taking advantage of them.

According to lawyers and financial advisors, the number of people turning to elders – parents, relatives, or acquaintances – for financial help is on the rise. Unfortunately for elders, in some cases their generosity is being taken advantage of in a way that has some claiming financial abuse.

Elder financial abuse can be defined as the illegal or improper use of the person's property, finances and other assets without their informed consent or where consent is obtained by fraud. The important point here is that financial abuse can occur even when an elder has given consent, because some elderly people can be easily manipulated by emotional pleas, by coercion, or simply because they are not mentally able to say no.

Elders are especially vulnerable to financial abuse because they are often targeted by the very people they depend on for their daily care and companionship. Adult children, nursing home nurses, long-term care facility staff, and friends can all put pressure on older people to enter into financial arrangements that the elder simply is not comfortable with – but they don’t know how to say no.

Signs of financial abuse include personal belongings disappearing from a nursing home resident’s possession, financial activity inconsistent with the elder’s activity level (e.g. ATM withdrawals from a bedridden senior’s account), reports of stolen social security or pension checks, and more. Please see our law library article “Financial Abuse at Nursing Homes” for more information.

To prevent financial abuse from becoming a problem, some experts recommend that bank, credit-card and investment statements be regularly reviewed by an outside party the senior knows and trusts. While this won’t prevent financial abuse from happening, it can ensure that any abuse is discovered quickly and prevented from continuing.

Lastly, if a caregiver or family member enters into a legitimate financial arrangement with a senior, it is in their best interest to put details of the transaction in writing to avoid any appearance of impropriety. Securing permission or including a trusted, impartial third person in the documentation process can further prevent later accusations of fraud.

If you suspect that a vulnerable elder in your life is being abused or neglected, please please contact the lawyers at the Norfolk office of Weisberg & Zaleski to review your options for no cost or obligation.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

Ask an Attorney
Free Consultation

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions