Statutes prohibit taking, misappropriating, or obtaining an elder's property through undue influence, deception, or breach of a fiduciary relationship. Many provide enhanced damages, attorney fees, and expedited procedures.
Some statutes create rebuttable presumptions.
Alternative Names:
Elder Financial Abuse|Elder Exploitation
Why it Matters?
Statutory enhancements including attorney fees and multiplied damages make these claims economically viable where common law conversion or undue influence claims would not be, which is why plaintiffs plead them alongside traditional theories. Presumptions arising from a caretaker or fiduciary relationship shift the burden in several states. Criminal referral is a separate consequence that changes the dynamics substantially.
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Frequently asked questions
Why plead the statutory claim?
What presumptions apply?
