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.