Elder Financial Abuse in Nursing Homes: Georgia and South Carolina Laws

Elder financial abuse is one of the most common — and most underreported — forms of mistreatment in nursing homes. According to the U.S. Department of Justice, financial exploitation costs older Americans billions of dollars each year, and residents of nursing homes and assisted living facilities are particularly vulnerable because they depend on staff and caregivers who have access to their personal information, financial documents, and belongings. In both Georgia and South Carolina, elder financial abuse is a crime, and victims and their families have the right to pursue civil claims against the individuals and facilities responsible. Here is what you need to know about recognizing, reporting, and stopping financial abuse in nursing homes.

What Is Elder Financial Abuse in a Nursing Home?

Elder financial abuse occurs when someone illegally or improperly uses a nursing home resident’s money, property, or assets for personal gain. Unlike physical abuse, which may leave visible signs, financial exploitation often happens silently — through forged signatures, unauthorized transactions, and manipulative tactics that exploit the resident’s trust, cognitive decline, or fear of retaliation.

Financial abuse can devastate a nursing home resident’s quality of life. Stolen funds may mean the resident cannot afford medications, medical equipment, or personal care items. Depleted savings can eliminate the resident’s ability to transfer to a better facility or fund long-term care. In many cases, the financial losses are never fully recovered, leaving the victim and their family in a significantly worse financial position.

The National Center on Elder Abuse estimates that financial exploitation accounts for a substantial portion of all elder abuse cases, and experts believe the actual number of cases is far higher than what is reported because many victims are unable or afraid to come forward.

Common Types of Financial Abuse in Nursing Homes

Financial exploitation of nursing home residents takes many forms, including:

• Theft of money, jewelry, or personal belongings — staff members, visitors, or other residents may steal cash, credit cards, checks, or valuables from a resident’s room
• Unauthorized use of bank accounts or credit cards — caregivers or others with access to the resident’s financial information make purchases, withdrawals, or transfers without permission
• Forgery — signing the resident’s name on checks, contracts, legal documents, or financial instruments without authorization
• Coerced changes to legal documents — pressuring or manipulating a resident into changing their will, power of attorney, beneficiary designations, or property deeds
• Identity theft — using the resident’s Social Security number, date of birth, or other personal information to open accounts, obtain credit, or commit fraud
• Billing fraud — charging the resident or their insurance for services, medications, or equipment that were never provided, or billing for name-brand drugs while providing cheaper generics
• Improper use of power of attorney — a person entrusted with managing the resident’s finances uses that authority to benefit themselves rather than the resident
• Telemarketing and internet scams — staff or outside parties target residents with fraudulent schemes, knowing they may have cognitive impairments that make them more susceptible

Who Commits Financial Abuse Against Nursing Home Residents?

Financial abuse can be committed by virtually anyone who has access to the resident, including:

• Nursing home staff — nurses, aides, administrators, and other employees who have daily access to residents and their belongings
• Family members — unfortunately, family members are among the most common perpetrators of elder financial abuse, particularly those with financial problems, substance abuse issues, or who hold power of attorney
• Professional caregivers — home health aides, personal care attendants, and private-duty nurses hired to provide additional care
• Other residents — in shared living environments, residents with cognitive ability may exploit those with dementia or other impairments
• Outside scammers — telemarketers, online fraudsters, and mail scammers who specifically target elderly populations
• Attorneys and financial advisors — professionals entrusted with the resident’s legal or financial affairs who abuse that trust

Warning Signs of Elder Financial Abuse

Because financial abuse often occurs without the victim’s knowledge, family members should watch for these red flags:

• Unexplained withdrawals, transfers, or charges on bank and credit card statements
• Missing cash, checks, jewelry, or personal belongings from the resident’s room
• Sudden changes to wills, trusts, power of attorney, or beneficiary designations
• New names added to bank accounts, titles, or deeds
• Unpaid bills or overdue notices despite adequate funds
• Living conditions that are below what the resident can afford
• Missing medical devices or medications that have been paid for
• Checks made out directly to caregivers, staff, or unfamiliar individuals
• The resident is reluctant or afraid to discuss financial matters
• The resident appears anxious, withdrawn, or fearful around certain staff members or visitors
• Unusual activity on the resident’s phone or internet accounts
• A caregiver or family member who is overly interested in the resident’s finances or who isolates the resident from other family members

Georgia and South Carolina Elder Abuse Laws

Both states have specific laws that address elder financial abuse and provide avenues for criminal prosecution and civil recovery.

Georgia Elder Financial Abuse Laws

Under O.C.G.A. § 30-5-8, it is a felony in Georgia to financially exploit a disabled adult or elder person. The statute covers theft, fraud, undue influence, and any other means of depriving an elder of their property or resources. Penalties can include imprisonment and restitution. Georgia also requires mandatory reporters — including healthcare workers, social service personnel, and law enforcement — to report suspected elder abuse to Adult Protective Services. Families can also pursue civil claims for damages within the two-year statute of limitations (O.C.G.A. § 9-3-33), and Georgia’s comparative fault rule under O.C.G.A. § 51-12-33 applies if the facility raises contributory negligence defenses.

South Carolina Elder Financial Abuse Laws

South Carolina’s Omnibus Adult Protection Act (S.C. Code § 43-35-10 et seq.) makes it a crime to financially exploit a vulnerable adult, defined as a person 18 or older who has a physical or mental condition that substantially impairs their ability to protect themselves. The law applies to nursing home residents with dementia, cognitive impairment, or physical disabilities that make them dependent on others. South Carolina has a broader mandatory reporting requirement — anyone who has reason to believe a vulnerable adult is being abused or exploited must report it. Civil claims must be filed within three years (S.C. Code § 15-3-530).

How to Report Suspected Financial Abuse

If you suspect a nursing home resident is being financially exploited, take these steps:

1. Document everything — gather bank statements, receipts, legal documents, and any other evidence of unauthorized transactions or changes
2. Contact Adult Protective Services — in Georgia, call the Division of Aging Services at 1-866-552-4464; in South Carolina, call DSS Adult Protective Services at 1-888-227-3487
3. File a police report — financial exploitation is a crime in both states, and law enforcement can investigate and pursue criminal charges
4. Notify the nursing home administrator — report your concerns in writing to create a paper trail
5. Contact the state ombudsman — the Long-Term Care Ombudsman program investigates complaints about nursing home care and can advocate on behalf of the resident
6. Consult an attorney — a nursing home abuse lawyer can advise you on both criminal reporting and civil recovery options

Legal Claims for Financial Abuse Victims

Families of financial abuse victims can pursue civil claims to recover:

• Stolen funds and property — restitution for all money, assets, and property that was taken
• Compensatory damages — additional losses caused by the exploitation, such as fees, penalties, or costs incurred because funds were unavailable
• Emotional distress damages — compensation for the anxiety, fear, depression, and loss of dignity suffered by the victim
• Punitive damages — in cases involving particularly egregious conduct, courts may award punitive damages to punish the abuser and deter future misconduct
• Attorney’s fees and costs — in some cases, the court may order the defendant to pay the victim’s legal fees

When the nursing home itself is responsible — either because its employees committed the abuse or because the facility failed to properly screen, supervise, or monitor staff — the facility can be held liable under theories of negligent hiring, negligent supervision, and respondeat superior.

Related Nursing Home Abuse Claims

Financial abuse often occurs alongside other forms of nursing home mistreatment. If you suspect financial exploitation, be alert for signs of:

• Nursing home abuse and neglect — physical abuse, emotional abuse, and neglect claims
• Wrongful death in nursing homes — fatal neglect or abuse cases
• Medical malpractice — substandard medical care in nursing facilities
• Brain injuries — cognitive decline caused by medication errors or untreated conditions
• Premises liability — unsafe conditions in nursing facilities leading to falls and injuries
• Slip and fall injuries — falls caused by inadequate supervision or hazardous conditions
• Defective medical devices — faulty equipment used in nursing home care

How a Nursing Home Abuse Lawyer Can Help

Elder financial abuse cases require thorough investigation and aggressive legal advocacy. Nursing homes and their insurance companies will attempt to minimize their responsibility, and individual abusers may try to hide their actions or intimidate victims into silence.

An experienced nursing home abuse attorney can:

• Conduct a comprehensive investigation into the financial exploitation, including forensic accounting analysis
• Subpoena bank records, facility records, employee files, and surveillance footage
• Identify all responsible parties, including individual abusers, the nursing home, and management companies
• Coordinate with law enforcement and Adult Protective Services to support criminal prosecution
• Pursue civil claims for full restitution, compensatory damages, and punitive damages
• Help families find safer living arrangements for the victim

At Roden Law, we are committed to protecting the rights and dignity of nursing home residents across Georgia and South Carolina. Our attorneys have experience handling complex elder abuse cases and understand the emotional toll these situations take on families. We handle nursing home abuse cases on a contingency fee basis — you pay nothing unless we recover compensation for your family.

Contact Roden Law today at 1-844-RESULTS for a free consultation about suspected elder financial abuse.

About the Author

Eric Roden

Founding Partner, CEO