As our society ages, the issue of elder financial abuse is becoming more prevalent, particularly in nursing homes. Caregivers, family members, and even nursing home staff are sometimes implicated in financial exploitation cases. These charges can carry significant legal consequences, depending on the severity of the offense and the value of the property or money involved.
What Constitutes Financial Elder Abuse?
Financial elder abuse occurs when someone takes advantage of an elder, defined by law as a person aged 65 or older, for financial gain. This can happen through theft, fraud, or embezzlement of money or property. Caregivers, nursing home employees, and even family members may be charged with this crime if they exploit a senior's vulnerability.
In legal terms, the prosecution must prove several elements to convict someone of elder financial fraud:
- A financial crime, such as theft or forgery, was committed.
- The property in question belonged to an elder.
- The perpetrator was aware—or should have been aware—that the victim was an elder.
The burden of proof lies with the prosecutor, and if they cannot meet these criteria, the charges may not hold up in court.
Legal Penalties for Elder Financial Abuse
The severity of penalties for financial elder abuse depends on the value of the stolen property or money. When the stolen amount is less than $950, the crime is classified as a misdemeanor, which can result in up to a year in county jail and/or a fine of up to $1,000.
However, if the value exceeds $950, the crime is considered a “wobbler,” meaning it can be charged either as a misdemeanor or a felony. The decision to pursue a misdemeanor or felony charge often hinges on the circumstances surrounding the case and the defendant’s criminal history. For felony charges, penalties can range from 2 to 4 years in county jail, with fines reaching up to $10,000.
The Role of Supervisors and Owners in Nursing Home Fraud
Elder financial fraud in a nursing home setting may not be limited to individual employees. Supervisors or even nursing home owners could face charges if they are found to have been complicit in the fraud. For instance, if a supervisor allows theft to occur by turning a blind eye in exchange for the employee’s unpaid overtime, they could also be charged with nursing home abuse.
In such cases, multiple parties may be held accountable, expanding the scope of the investigation beyond the person who directly committed the crime. These situations can lead to additional legal complexities, which is why having experienced legal representation is critical.
Defending Against Elder Financial Abuse Charges
Facing charges of elder financial abuse can be daunting, especially when the potential penalties are severe. A strong defense requires a thorough understanding of the evidence and legal standards in these cases. Prosecutors must prove not only the commission of a financial crime but also that the victim was an elder, and that the defendant knew or should have known the victim’s age.
If you find yourself charged with elder financial fraud, it’s crucial to seek legal advice immediately. An experienced attorney at Law Office of Michael L. Fell can help build a defense strategy tailored to your specific situation.
Need help navigating the legal complexities of elder financial fraud charges? Contact Law Office of Michael L. Fell today at (949) 585-9055 to schedule a consultation.