The numbers are disturbing. Elder abuse—especially financial exploitation—is all too prevalent and is a serious concern in estate planning and probate litigation. Whether it’s a caregiver manipulating a vulnerable senior or a family member misusing a power of attorney, the consequences can be devastating.
This post outlines the warning signs of elder abuse, what families and estate planners can do to prevent it, and the legal remedies available when abuse occurs. Also, read our complementary post, Elder Abuse: Resources for Estate Planners and Families.
Elder Abuse by the Numbers
Recent data from the Centers for Medicare and Medicaid Services and other sources reveal troubling trends:
- 10% of Americans aged 60+ living at home experience abuse, neglect, or exploitation.
- In nursing homes and care communities, nearly 16% of residents report being abused.
- Physical abuse is the most common form, followed by neglect and psychological abuse.
- Two in three caregivers admitted to committing abuse within a one-year period.
- Older adults with dementia are especially vulnerable—up to 50% experience some form of abuse.
- In 2023, U.S. nursing homes received 94,499 health citations, with 7,654 (8.1%) related to abuse, neglect, or exploitation.
These statistics underscore the importance of vigilance and proactive planning.
Signs of Elder Abuse
Whether you’re a family member or an estate planner, watch for these signs as possible indicators of abuse:
- Unexplained financial transactions or sudden changes in spending habits.
- Suspicious changes to estate planning documents, especially favoring new or previously uninvolved individuals.
- Isolation from friends, family, or long-time advisors.
- Over-involvement by a caregiver or relative in financial or legal decisions.
- Sudden changes in living arrangements or reluctance to discuss finances.
- Unusual gifts or asset transfers without clear justification.
Estate planners should be especially alert when a client appears confused, pressured, or is accompanied to meetings by someone who dominates the conversation.
Preventing Financial Elder Abuse
For Families:
- Monitor financial accounts regularly.
- Set up trusted contacts with financial institutions.
- Encourage open conversations about estate plans.
- Watch for signs of cognitive decline or undue influence.
For Estate Planners:
- Conduct private meetings with clients.
- Document all interactions thoroughly.
- Use screening tools like the California Undue Influence Screening Tool (CUIST).
- Recommend legal safeguards such as conservatorships when appropriate.
Legal Remedies for Elder Exploitation
If elder abuse is suspected, swift action is essential. Remedies may include:
- Conservatorships to protect the elder’s assets and decision-making.
- Elder abuse restraining orders, available through California courts.
- Litigation for financial restitution and punitive damages.
- Contesting estate documents based on undue influence, fraud, or lack of capacity.
Final Thoughts
Elder abuse cases are complex and emotionally charged. Estate planners and families must work together to recognize the signs early and take decisive action. By staying vigilant and informed, we can protect our aging loved ones and ensure their wishes are honored.
