Guide · Wills and Estates
Elder Financial Exploitation: A Comprehensive Guide to Detection, Reporting, Recovery, and Prevention
42 U.S.C. § 3001
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-10-21
- Topic
- Wills and Estates
This guide covers elder financial exploitation from first suspicion through recovery and prevention. It begins by separating stranger fraud from insider exploitation, because the detection, evidence, and remedies differ almost entirely. It then covers the legal relationships through which insider exploitation operates — the durable power of attorney, joint account title, trusteeship, and guardianship — and the fiduciary duties each carries. A central chapter treats undue influence as courts analyze it, including the burden-shifting presumption that arises from a confidential relationship plus suspicious circumstances. Reporting chapters cover adult protective services, mandatory reporter obligations, the federal framework, and the financial institution reporting and transaction hold regime that has changed materially in recent years. Recovery chapters cover the civil claims, the emergency relief that matters in the first week, tracing and constructive trusts, and the criminal statutes. Later chapters address capacity, guardianship as a last resort, facility and professional exploitation, the intersection with Medicaid planning, and prevention measures ranked by effectiveness.
The full text of this document is available to Executive subscribers and above. See plans.