What Does Exploitation Of A Vulnerable Person Mean?

(c) “Exploitation” or “exploitmeans an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property or resources by another person for profit or advantage.

What is exploitation of a vulnerable person?

Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his/her own personal benefit. This frequently occurs without the explicit knowledge or consent of a senior or disabled adult, depriving him/her of vital financial resources for his/her personal needs.

Can you sue for exploitation?

If an investigation determines the financial exploitation does not fall under the Criminal Code, you may still be able to sue for damages in civil court. A police investigation can act as a deterrent to the abuser and in some cases may be enough to stop the abusive behaviour.

What is an example of financial abuse?

Common examples of financial abuse include: A family member who repeatedly pressures a parent for money or borrows money, but never repays it. A family member who sells a parent’s house or other property and then uses the money for their own benefit.

What do you do when someone takes advantage of the elderly?

What Can I Do If Someone Is Taking Advantage of an Elderly Family Member? Competent vs Incompetent. If the Loved One is incompetent, consider pursuing a guardianship over the Loved One to protect the Loved One. “Bad Actor” Revoking Power of Attorney. Filing a Lawsuit and reporting the Crime. Recourse After Death.

Is financial exploitation a felony?

The bill establishes the crime of financial exploitation of an older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved.

What is another name for financial abuse?

It is related to, or also known as, financial abuse, which is the illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person’s will to name the abuser as heir), often fraudulently obtaining power of attorney, followed by deprivation of money or other

What does financially exploited mean?

(11) “Financial Exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the elder person or the vulnerable

Is elder abuse a federal crime?

Federal criminal law aimed to address elder abuse is limited, although legislation is pending that would significantly increase federal resources to respond to crimes against the elderly (see Elder Abuse Victims Act, below). Some examples of federal laws applicable to elder abuse are summarized here.

Where do I report financial elder abuse?

If you suspect someone of being financially abused, there are several actions you can take: Report the possible crime by calling your local Adult Protective Services and state attorney general’s office. Explore options at your local probate court if your state has such courts. Contact advocacy organizations.

Who is more vulnerable to abuse?

Young or single parents, parents with learning difficulties, those who themselves have experienced adverse childhoods and those with any mental health problems, including problems of drug or alcohol abuse, and those who live with intimate partner violence and abuse are all more at risk of abusing or neglecting their

What makes a disabled person vulnerable?

People with disabilities are among some of the most vulnerable people in our society due to their dependence on others for care and support or because of social isolation, their place of residence or the nature of their disability.

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