What Is a Financial Exploitation of Seniors 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 A financial exploitation of seniors

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Financial Exploitation of Seniors Case

To win a personal injury case involving a financial exploitation of seniors, 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 a financial exploitation of seniors 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.

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Roden Law Financial Exploitation of Seniors Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
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 April 2026.

Recent Case Results

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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.