Protecting the Rights and Dignity of Our Elders
Elder abuse is a serious issue that affects many older adults and their families. It can occur in various settings, including nursing homes, assisted living facilities, and even in the elder’s own home. While abuse may involve physical harm or emotional distress, one of the most devastating forms is financial exploitation. Whether it’s misuse of funds, fraudulent schemes, or outright theft, financial abuse can strip elders of their life savings and financial security. Regardless of where or how it happens, financial exploitation is illegal and morally wrong.
At Reuter Corbett, we understand the profound impact that financial abuse can have on elders and their loved ones. Our team of dedicated elder law attorneys is committed to protecting the financial rights of seniors who have been wronged. If you suspect that your loved one is suffering from financial exploitation, we are here to help you take the necessary steps to safeguard their assets and well-being.
Why Choose Reuter Corbett for Fiduciary Litigation in Elder Abuse Cases?
When dealing with elder abuse cases, particularly those involving a breach of fiduciary duty, you need a legal advocate who cares as much about the outcome as you do. Reuter Corbett is the trusted choice in Portland for handling these sensitive cases, and here’s why:
- Experienced and Knowledgeable Attorneys: Our attorneys have extensive experience in handling elder abuse cases with a strong focus on financial exploitation. We understand the legal strategies needed to stop abuse, especially when it involves someone who has violated their fiduciary obligations.
- Compassionate Counsel: We are dedicated advocates for your loved one’s rights. Whether we are negotiating a settlement or representing you in court, we fight diligently to ensure that those who have violated their fiduciary duties are held accountable and that justice is served.
- In-Depth Support and Representation: From investigating financial exploitation to pursuing legal actions and seeking compensation, we provide the support needed to address all aspects of your legal issue. Let us handle the challenges so you can focus on caring for your elderly loved one.
Choosing Reuter Corbett means working with a legal team deeply committed to protecting the dignity and safety of elderly individuals. We are here to provide the support, experience, and advocacy needed to address these challenging situations.
Breach of Fiduciary Duty and Elder Abuse
A breach of fiduciary duty occurs when a person who has been entrusted with the care or management of an elder’s assets or well-being fails to act in their best interests. This includes illegally or improperly using an elder’s funds, property, or assets for their own gain. This type of abuse can have devastating consequences, potentially leaving the elder without the financial resources they need for their care and well-being. Understanding how financial exploitation occurs and recognizing the signs are essential steps in protecting your loved one.
Examples of Breach of Fiduciary Duty
- Misappropriation of Funds: A trustee or caregiver might use the elder’s money for personal expenses rather than for the elder’s care.
- Failure to Provide Proper Care: A guardian might neglect their duty to ensure that the elder receives necessary medical treatment, nutrition, or hygiene.
- Improper Management of Assets: A fiduciary might make risky or unauthorized investments with the elder’s funds, leading to significant financial losses.
- Self-Dealing: A fiduciary might engage in transactions that benefit themselves at the expense of the elder, such as selling the elder’s property to themselves at below-market value.
If you suspect that a fiduciary has breached their duty, it is essential to seek legal advice promptly. At Reuter Corbett, we are experienced in handling fiduciary litigation and can help you take the necessary steps to protect your loved one’s rights and assets.
Legal Actions to Address Breach of Fiduciary Duty
When a fiduciary breaches their duty, several legal actions can be taken to hold them accountable and protect the elder’s interests:
- Civil Lawsuits: Victims of a fiduciary breach may be entitled to financial compensation for the damages suffered. This can include the recovery of stolen funds, compensation for financial losses, and damages for the distress caused. Our attorneys can help you file a civil lawsuit against the wrongdoer to seek the compensation your loved one is entitled to.
- Removal of the Fiduciary: If a fiduciary is found to have breached their duty, they can be removed from their position of trust. We can guide you through the legal process to petition for the removal of the fiduciary and ensure that a trustworthy individual is appointed in their place.
- Criminal Prosecution: In severe cases, criminal charges may be filed against a fiduciary who has committed fraud, theft, or other crimes. We can work with law enforcement and prosecutors to ensure that the fiduciary is held accountable for their actions.
- Restitution Orders: In cases where the wrongdoer is convicted of a crime, the court may order them to pay restitution to the victim. We can work with prosecutors to ensure that your loved one’s financial losses are fully accounted for and included in any restitution order.
- Guardianship or Conservatorship: If the elderly person is unable to manage their finances due to cognitive decline or other issues, establishing guardianship or conservatorship can provide legal authority to a trusted individual to manage their assets and protect them from further exploitation.
Preventing Breach of Fiduciary Duty
Preventing a breach of fiduciary duty requires vigilance, awareness, and proactive measures. Here are some steps you can take to protect your elderly loved ones:
- Stay Involved: Regularly visit and communicate with your elderly loved ones to stay informed about their well-being and financial situation. Your involvement can help identify any signs of financial exploitation early on.
- Educate Yourself and Others: Learn about the signs of financial exploitation and educate family members, caregivers, and friends about these risks. Awareness is key to preventing exploitation and ensuring that everyone knows how to recognize and report it.
- Choose Fiduciaries Carefully: If your loved one requires a fiduciary, thoroughly vet candidates and conduct background checks. Choose individuals or professionals with a proven track record of integrity and responsibility.
- Encourage Financial Transparency: Help your elderly loved ones manage their finances and monitor for any unusual transactions. Encourage them to seek financial advice from trusted professionals and avoid giving access to their finances to untrustworthy individuals.
- Create a Safety Plan: Develop a plan for what to do if you suspect or discover a breach of fiduciary duty. This plan should include contact information for local authorities, Adult Protective Services, and trusted family members or friends who can help.
FAQs
How Do I Choose The Right Lawyer For An Elder Abuse Case?
When choosing the right lawyer for a fiduciary litigation case, look for someone with extensive experience in elder law and fiduciary issues, as well as a track record of successful outcomes in similar cases.
It’s important to find a lawyer who demonstrates compassion and empathy towards elder abuse victims, as this will ensure they handle the case with the sensitivity it requires. You should also hire an experienced lawyer who communicates clearly and keeps you informed at every step. At Reuter Corbett, our team meets these criteria, providing dedicated support and skilled advocacy for fiduciary litigation cases.
Can Elder Financial Abuse Occur In Nursing Homes And Assisted Living Facilities?
Yes, financial exploitation can and does occur in nursing homes and long-term care facilities. In these elder community settings, caregivers or staff members might take advantage of residents by stealing money, coercing them into signing financial documents, or misusing their assets. It’s important to monitor the care your loved one receives and keep an eye on their financial situation. Signs of financial exploitation can include sudden changes in financial status, unexplained withdrawals, missing belongings, or bills going unpaid.
What Steps Can Families Take To Prevent Elder Abuse?
Families can take several proactive steps to help prevent elder abuse.
• Maintaining regular contact with elderly loved ones through visits, phone calls, or video chats can help you stay informed about their well-being.
• Encourage open communication so that they feel comfortable discussing any concerns or issues they might have about their personal and financial safety.
• Carefully select caregivers and thoroughly check the backgrounds of individuals and agencies providing care.
Educating family members about the signs of elder abuse and establishing a support network can also play a critical role in prevention.
How Can Technology Help In Preventing and Identifying a Breach of Fiduciary Duty?
Technology can be a valuable tool in preventing and identifying legal issues like financial exploitation. Devices such as financial monitoring services can alert families to unusual transactions, while security cameras and monitoring systems can help keep an eye on the elderly person’s care and living conditions. Personal emergency response systems (PERS) allow elders to call for help in case of an emergency.
Concerned About a Breach of Fiduciary Duty? Call a Portland Elder Abuse Attorney Today
If you are facing a fiduciary litigation issue related to a senior citizen, contact Reuter Corbett to schedule a free initial consultation. Our team of experienced Portland elder abuse lawyers is ready to provide you with the guidance and support you need to protect your loved one’s rights and achieve a fair resolution. For more information about our legal services, call 503-874-6166 or contact us online and we’ll reach out to you ASAP.
