Steps to Take After Discovering Nursing Home Financial Exploitation in NJ
As the population ages, more families in New Jersey are placing their trust in nursing homes to care for their elderly loved ones. Unfortunately, not all nursing homes live up to this trust. One of the most distressing forms of elder abuse is financial exploitation, where vulnerable residents are manipulated or coerced into handing over money or assets. At Sugarman Law, we understand how devastating financial exploitation can be for both the victim and their family. This blog outlines the key steps to take if you suspect your loved one is being financially exploited in a New Jersey nursing home.
What Is Financial Exploitation?
Financial exploitation occurs when an elderly person’s money, property, or assets are misused or stolen, often through deceit or coercion. In nursing homes, exploitation can take many forms, including:
- Unauthorized use of credit cards, bank accounts, or assets
- Forging signatures on legal documents
- Pressuring residents to change their will or estate plan
- Charging for services that were not provided
- Overbilling or fraudulent billing of care services
- Stealing personal possessions or cash
Because many elderly individuals suffer from cognitive decline, such as dementia or Alzheimer’s, they are particularly vulnerable to this form of abuse. In some cases, the perpetrators may be caregivers, other residents, or even family members.
Signs of Financial Exploitation
Financial exploitation is not always easy to detect, especially when a loved one may not fully understand what is happening to their assets. However, there are several red flags to look out for:
- Unexplained withdrawals from bank accounts or sudden declines in savings
- New credit card accounts or loans opened in the resident’s name
- Unpaid bills or sudden financial difficulties despite having sufficient funds
- Changes in legal documents, such as wills or powers of attorney
- Missing personal belongings or valuables
- A sudden interest in or reliance on one particular staff member or acquaintance for financial matters
- Overcharges or unexplained fees on medical bills or care statements
- A rapid deterioration in the resident’s standard of living
If you notice any of these warning signs, it is critical to act quickly. Time is of the essence when it comes to protecting a loved one from further harm and recovering stolen funds.
Step 1: Gather Evidence
The first step in addressing financial exploitation is gathering as much evidence as possible. This may involve:
- Reviewing bank and credit card statements for unauthorized transactions
- Checking your loved one’s mail for notices of new credit cards, loans, or suspicious invoices
- Speaking with your loved one to see if they have noticed anything unusual with their finances or caregivers
- Consulting with nursing home staff or administrators about any discrepancies in billing or care
- Documenting missing personal items or any suspicious behavior from staff or visitors
Keep a detailed record of everything you find, including dates, amounts, and any individuals involved. This information will be critical if you need to pursue legal action or file a complaint.
Step 2: Secure Your Loved One’s Finances
Once you suspect financial exploitation, it is important to secure your loved one’s finances to prevent further harm. Steps to take include:
- Contacting the bank or credit card company to freeze accounts or dispute unauthorized charges
- Changing account passwords and PINs, especially if they may have been compromised
- Monitoring financial accounts more closely for unusual activity
- Requesting copies of any legal documents, such as wills or powers of attorney, to ensure no unauthorized changes have been made
- Obtaining a credit report for your loved one to check for fraudulent accounts or loans
If your loved one has authorized you to act on their behalf through a power of attorney, you can take additional steps to protect their assets and limit access to their accounts.
Step 3: Report the Abuse
Financial exploitation is a form of elder abuse, and it is crucial to report it to the appropriate authorities. In New Jersey, the following resources can assist you in taking action:
- Adult Protective Services (APS): APS investigates reports of elder abuse, including financial exploitation. You can contact your local APS office to report suspected abuse, and they will initiate an investigation.
- The Long-Term Care Ombudsman: The New Jersey Office of the Long-Term Care Ombudsman advocates for the rights of nursing home residents and can help you file a complaint if you suspect financial exploitation. They will work to resolve the issue with the nursing home or escalate the matter if necessary.
- The Police: If you believe a crime has been committed, such as theft or fraud, contact your local police department to file a report. They may initiate a criminal investigation into the matter.
In addition to these state and local agencies, you can also file a complaint with the nursing home’s management. Nursing homes are required to investigate allegations of abuse and take corrective action where necessary.
Step 4: Consult with an Attorney
Because financial exploitation can involve complex legal and financial issues, it is important to consult with an attorney experienced in elder abuse cases. At Sugarman Law, we specialize in advocating for victims of elder abuse, including financial exploitation. We can help you:
- Investigate the extent of the exploitation
- Recover stolen assets through legal action
- Hold the nursing home or caregivers accountable for their negligence or misconduct
- Ensure that your loved one’s rights are protected moving forward
An experienced attorney can also help you navigate any disputes with the nursing home or financial institutions and represent your loved one in court if necessary.
Step 5: Take Steps to Prevent Future Exploitation
After addressing the immediate issue of financial exploitation, it is important to put safeguards in place to prevent it from happening again. Steps you can take include:
- Reviewing and updating your loved one’s legal documents, such as wills, powers of attorney, and trusts
- Appointing a trusted family member or friend to act as a financial guardian or fiduciary for your loved one
- Setting up alerts on bank and credit card accounts to monitor for unusual activity
- Limiting access to personal information, such as Social Security numbers or bank account details
- Ensuring your loved one is aware of common scams and frauds that target the elderly
Educating your loved one about the risks of financial exploitation can also help them recognize when something is wrong and alert you to any concerns.
Protecting Your Loved One from Financial Exploitation in New Jersey
Financial exploitation can have devastating effects on an elderly person’s financial stability and emotional well-being. However, by taking swift action, gathering evidence, securing finances, and reporting the abuse, you can help protect your loved one from further harm. If you believe your loved one has been a victim of financial exploitation, Sugarman Law is here to assist you. Our team of dedicated attorneys will work tirelessly to recover stolen assets, hold wrongdoers accountable, and ensure your loved one’s rights are upheld. Contact us today for a free consultation to discuss your case.
By following these steps, you can help ensure your loved one’s financial security and well-being in their later years, and prevent further exploitation from taking place in New Jersey nursing homes.
Seek Legal Help for Elder Financial Abuse in NJ with Sugarman Law
If you suspect financial exploitation or any form of elder abuse in a New Jersey nursing home, don’t wait to take action. At Sugarman Law, we are dedicated to protecting the rights of vulnerable seniors and ensuring justice for victims of exploitation. Our experienced team is ready to guide you through the legal process, recover stolen assets, and hold wrongdoers accountable. Contact us today for a free consultation. With offices serving clients across New Jersey, including Atlantic City, Cherry Hill, and Freehold, we are here to help you safeguard your loved one’s future.
Call us at (866) 657-5660 or fill out our online contact form to schedule your consultation today.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.