What Is a Nursing Home Abuse Case?

Financial exploitation is the most common form of elder abuse. Nursing home staff, caregivers, and even family members may steal from vulnerable seniors. Our attorneys pursue full restitution and accountability.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Financial Exploitation of Seniors — Georgia & South Carolina Attorneys

Financial exploitation is the most prevalent form of elder abuse in the United States. The Consumer Financial Protection Bureau (CFPB) estimates that elder financial exploitation costs victims billions of dollars annually. Nursing home residents are particularly vulnerable because they often have diminished capacity, are isolated from family, and are dependent on caregivers who may exploit their trust.

At Roden Law, our attorneys represent seniors and their families throughout Georgia and South Carolina who have been victims of financial exploitation. We pursue restitution, compensatory damages, and punitive damages against everyone involved — from individual perpetrators to facilities that failed to protect their residents.

Common Forms of Financial Exploitation

Financial exploitation of seniors in nursing homes and care settings takes many forms:

  • Theft of cash, jewelry, and personal property: Staff members or visitors taking residents’ belongings
  • Unauthorized use of bank accounts or credit cards: Accessing a resident’s financial accounts without authorization
  • Forged signatures: Signing checks, contracts, or legal documents in the resident’s name
  • Manipulation of wills and powers of attorney: Pressuring cognitively impaired residents to change estate planning documents
  • Overbilling and double-billing: Facilities charging for services never provided or billing Medicaid/Medicare for unreceived care
  • Undue influence: Caregivers who isolate residents from family and manipulate them into making financial gifts or changes to their estate

Georgia and South Carolina Elder Exploitation Laws

Both states have robust laws addressing financial exploitation of seniors:

  • Georgia: O.C.G.A. § 30-5-1 et seq. (Disabled Adults and Elder Persons Protection Act) specifically addresses financial exploitation, defining it as the illegal or improper use of a disabled adult’s or elder person’s resources for another’s profit or advantage. Exploitation of persons 65 and older is a felony under O.C.G.A. § 16-5-102.
  • South Carolina: S.C. Code § 43-35-10 et seq. (Omnibus Adult Protection Act) criminalizes exploitation of vulnerable adults, including obtaining or using a vulnerable adult’s funds, assets, or property through undue influence, fraud, intimidation, or deception.

Warning Signs of Financial Exploitation

Families should watch for these red flags:

  • Unexplained withdrawals or transfers from bank accounts
  • Missing personal belongings, jewelry, or valuables
  • Sudden changes to wills, trusts, or powers of attorney
  • New “friends” or caregivers who isolate the senior from family
  • Unpaid bills despite adequate income or assets
  • The senior appearing confused about their financial situation
  • Facility charges that do not match services actually provided

Pursuing Financial Exploitation Claims

Our attorneys pursue comprehensive recovery for exploitation victims, including return of all stolen assets, compensatory damages for financial losses, damages for emotional distress, punitive damages to punish exploiters, and attorney fees where authorized by statute. We coordinate with law enforcement for criminal prosecution while simultaneously pursuing civil remedies. When financial exploitation occurs alongside physical abuse or neglect, we pursue claims for all forms of harm.

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What to Do After Nursing Home Abuse

  1. Make sure the resident is safe, then get an independent medical evaluation. Call 911 if anyone is in immediate danger. Where you can, have the resident examined by a provider who is not employed by the facility — an outside record of the injury is far harder to dispute later.
  2. Photograph everything today, and keep photographing. Injuries, bruising, pressure sores, bedding, the room, and where the call button actually sits. Date every photo. Wounds heal or worsen and conditions get quietly corrected long before anyone investigates.
  3. Report it to the facility in writing and ask for the incident report. A verbal complaint to a nurse or aide leaves no trace. Put it in writing, keep a copy, note who you gave it to and when, and request the facility's own incident report.
  4. Report it to the state as well. In Georgia, the Healthcare Facility Regulation Division of the Department of Community Health licenses and investigates long-term care facilities; in South Carolina, the state agency that licenses the facility does. Either state can also be reached through the Long-Term Care Ombudsman and Adult Protective Services. Reports may be made anonymously, and a state investigation creates a record independent of the facility.
  5. Request the complete records in writing. Not just the chart — medication administration records, care plans, fall and wound assessments, and staffing schedules. Staffing levels are frequently where these cases are won, and those records are retained the shortest.
  6. Do not sign anything the facility puts in front of you. Admission packets routinely contain arbitration agreements that give up the right to a jury trial, and paperwork offered after an incident can release the claim entirely. Have anything you are asked to sign reviewed first.
  7. Talk to an attorney before the trail goes cold. Georgia requires an expert affidavit filed with the complaint in a professional negligence case (O.C.G.A. § 9-11-9.1), and South Carolina requires a Notice of Intent to File Suit with an expert affidavit before suit (S.C. Code § 15-79-125). Both take time to prepare, and both run against a deadline. Roden Law offers free consultations.

Proving Your Financial Exploitation of Seniors Case

To win a personal injury case involving nursing home abuse, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Financial Exploitation of Seniors Cases

Victims of nursing home abuse injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Financial Exploitation of Seniors Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Financial Exploitation of Seniors Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Financial Exploitation of Seniors Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.