How To Prove Financial Elder Abuse
The older we get, the more susceptible we become to all types of elder abuse. Elder financial abuse, one the most common types of elder abuse, is a growing concern in today’s society. Elder abuse involves the single or repeated act or lack of appropriate actions that takes place in any relationship where there is an expectation of trust, causing serious harm to an elderly individual. Elder abuse can take many forms, including neglect, abandonment, sexual, psychological, physical, and financial.
Elder abuse is often carried out by those closest to the victim, who can easily take advantage of an elder’s vulnerability, trust, or cognitive decline. Proving financial elder abuse may also be complicated. It is best to immediately hire an experienced New Jersey financial elder abuse attorney immediately if you believe that your loved one is subject to abuse.
Who Are the Perpetrators of Financial Elder Abuse?
The perpetrators of financial elder abuse are individuals who have access to an older adult’s financial resources. The perpetrators of this heinous acts are often those closest to the victims, including:
- Family members
- Caregivers
- Friends
- Neighbors
- Strangers with access to the victim’s money of financial information
In some cases, financial elder abuse can also be perpetrated at the hands of professionals, such as advisors and healthcare providers. This type of exploitation highlights the need for comprehensive safeguards and increased awareness within these industries.
Signs of Financial Elder Abuse
Below are some key warning signs that may indicate your loved has become a victim of elder financial abuse:
- Money is missing from their financial accounts
- There has been excessive cash withdrawals or use of their credit cards
- There are missed or forged checks
- Your elder loved one does not have adequate food or basic necessities in their home
- Property or valuable are missing from their home
- There has been a noticeable change in your loved one’s mood or demeanor
- There is an excessive pile of invoices, bills or collection letters
Proving Financial Elder Abuse
Proving financial elder abuse can become complicated, especially if you are seeking legal justice without the help of an experienced New Jersey elder abuse attorney. To win a New Jersey financial elder abuse case, you must prove that:
- It is “more likely than not” that the abuse took place
- The victim is 65 years or older when the abuse took place
- The perpetrator knew or should have known that their actions were likely to cause harm to the elderly victim
It should be noted that a plaintiff’s burden of proof in civil court is far less than in criminal court. This lower standard of proof makes it easier for elder abuse attorneys to successfully make their case and seek justice for the abused victims.
Call a New Jersey Elder Abuse Attorney Today!
The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you suspect a loved one has become the victim of elder abuse, you need an experienced and caring legal advocate on your side. Our experienced New Jersey elder abuse attorneys are available to personally review your case. Call us at 908-325-3032 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
