1. The Legal Definition of Elder Fraud
Statutes defining elder fraud generally criminalize the unauthorized use of the resources of an elder for the benefit of someone other than the elder.
This offense is distinct from ordinary theft because it includes the element of vulnerability. Most jurisdictions enhance penalties for crimes committed against victims over a certain age which is typically sixty or sixty five. The law recognizes that seniors may have diminished cognitive capacity which makes them susceptible to manipulation that a younger person might resist.
We analyze the specific statutory framework. In many states financial abuse includes not just theft but also the failure to use the assets of the elder for their care. If a caregiver controls the debit card of the senior but fails to buy food or medicine while spending the money on themselves it is elder fraud. We litigate the nuances of fiduciary duty. A person holding a Power of Attorney has a strict legal obligation to act in the best interest of the principal. Any transaction that benefits the agent at the expense of the elder is presumed to be fraudulent.
Financial Exploitation and Fiduciary Breach
The most common perpetrator is not a stranger but a fiduciary. This includes agents under a Power of Attorney or trustees or court appointed guardians.
We scrutinize the financial records. We look for ATM withdrawals at casinos or transfers to unknown accounts. We argue that these transactions are breaches of fiduciary duty. We shift the burden of proof. In many civil cases once a fiduciary relationship is established the burden shifts to the defendant to prove that the transaction was fair. We use this legal lever to force the return of the funds. We argue that the fiduciary treated the money of the elder as their own personal piggy bank which constitutes both civil conversion and criminal embezzlement.
Undue Influence and Capacity Issues
Elder fraud often relies on undue influence. This occurs when a manipulator overpowers the free will of the elder to extract gifts or changes to a will.
We litigate the capacity of the victim. We gather medical records to show the progression of dementia or Alzheimer's disease. If the elder lacked the cognitive ability to understand the transaction the transfer is void. We also analyze the isolation tactics used by the predator. We argue that by cutting off the elder from other family members and friends the perpetrator created a dependency that allowed them to exert undue influence. We prove that the gift was not an act of generosity but an act of surrender to pressure.
2. Common Schemes Targeting Seniors
Criminal syndicates have industrialized elder fraud by developing sophisticated scripts that exploit the isolation and the technological insecurities of the geriatric population.
These are not random attacks. They are targeted campaigns. Scammers buy lists of potential victims who are known to be charitable or who have responded to sweepstakes in the past.
We investigate the mechanics of these schemes to identify the perpetrators and the intermediaries. We represent victims of the Grandparent Scam where a caller pretends to be a grandchild in legal trouble. We also handle cases involving Tech Support Fraud where pop ups on a computer convince the senior that they have a virus and must pay thousands to fix it.
The Grandparent Scam and Impostor Fraud
The grandparent scam is particularly cruel because it exploits love. The scammer poses as a grandchild who has been arrested or injured abroad. They beg the senior not to tell the parents.
We work to trace the money sent in these scams. Often the funds are wired or sent via cash in the mail to a money mule. We pursue civil action against these mules. We argue that they are liable for the return of the funds even if they claim they were also tricked. We also pressure law enforcement to investigate the local contacts used by these international rings. We help the family implement safeguards to prevent revictimization such as changing phone numbers and installing call blocking technology.
Investment Scams and Annuity Fraud
Seniors worried about outliving their savings are prime targets for investment fraud. Unscrupulous financial advisors often sell seniors high risk investments or inappropriate annuities that lock up their money for decades.
We litigate against these predatory advisors. We review the suitability of the investment. Selling a thirty year annuity to an eighty year old is inherently unsuitable and likely fraudulent. We file arbitration claims with FINRA and civil lawsuits for fraud and breach of contract. We argue that the advisor misrepresented the liquidity and the risks of the product to generate a high commission. We seek the rescission of the contract and the return of the principal plus damages for the loss of use of the funds.
3. Civil Remedies and Asset Recovery
While criminal prosecution provides justice civil litigation provides the only viable path for the financial restitution of the stolen life savings.
The police may arrest the thief but they rarely get the money back. We take immediate civil action to freeze assets before they can be dissipated.
We file lawsuits for conversion and fraud and unjust enrichment. We use the civil discovery process to subpoena bank records that the family cannot access on their own. We follow the money trail to whoever is holding it.
Freezing Assets and Constructive Trusts
Speed is critical. Once we identify where the stolen funds are located we seek a Temporary Restraining Order or a Prejudgment Attachment.
We ask the court to freeze the bank accounts of the perpetrator. We also seek the imposition of a constructive trust. This is a legal remedy where the court declares that the thief is holding the property in trust for the rightful owner. If the scammer used the stolen money to buy a house or a car we argue that the house belongs to the victim. We record a lis pendens on the real estate to prevent it from being sold. We aggressively secure the collateral to ensure that there are assets available to satisfy the final judgment.
Liability of Banks and Financial Institutions
Banks are the first line of defense against elder fraud. They have a duty to monitor for suspicious activity and to report suspected abuse to Adult Protective Services.
We investigate the compliance failures of the bank. If a teller watched a confused senior withdraw their entire life savings in cash and did nothing the bank may be liable. We litigate claims under the Bank Secrecy Act and state financial abuse statutes. We argue that the bank aided and abetted the fraud by ignoring obvious red flags. We seek to hold the deep pocket institution responsible for the loss. We maintain that the failure of the bank to follow its own internal security protocols facilitated the crime.
4. Defending Against Elder Fraud Allegations
Allegations of elder fraud are frequently weaponized in family disputes where siblings who were absent during the caregiving years accuse the primary caregiver of theft to increase their share of the inheritance.
These accusations can destroy a reputation and lead to criminal charges. We defend the dedicated children and caregivers who are wrongly accused.
We understand the dynamics of end of life care. Seniors often pay for the groceries and the gas of the person driving them to appointments. They often give gifts to the child who stays by their side. We prove that these transactions were legitimate.
The Gifting Defense and Consent
The primary defense to financial abuse is consent. If the elder knowingly and voluntarily gave the money it is not a crime.
We gather evidence of the intent of the elder. We look for birthday cards or letters that mention the gifts. We interview the friends and the clergy of the elder who can testify to their wishes. We argue that the elder had the right to do whatever they wanted with their money including giving it to the defendant. We challenge the narrative that every transaction must benefit the elder directly. We assert that the elder derived satisfaction from helping the person who was helping them.
Power of Attorney Disputes
Disputes often arise over the use of a Power of Attorney. The accuser claims the agent exceeded their authority.
We defend the agent by analyzing the POA document. Many documents include a gifting powe that explicitly authorizes the agent to make gifts to themselves or others for tax planning purposes. We argue that the actions of the client were within the scope of the written authority. We also present an accounting of the funds. We show that the money was spent on the care of the elder or the maintenance of their home. We prove that the client acted in good faith and often spent their own money to supplement the care of the parent.
5. Guardianship and Protective Proceedings
When an elder is currently being victimized and lacks the capacity to stop it the most effective legal intervention is the emergency appointment of a guardian or conservator.
This removes the financial control from the predator and places it in the hands of a court appointed fiduciary. We petition the probate court for these protective orders.
We represent families who need legal authority to stop a scam. If an elder is wiring money to a romance scammer overseas and refuses to believe it is a fraud we step in.
Emergency Guardianship Petitions
We file for emergency temporary guardianship. We present affidavits from doctors and family members detailing the incapacity and the immediate financial danger.
Once appointed the guardian has the legal authority to shut down bank accounts and revoke Powers of Attorney. We use this authority to stop the bleeding. We evict the abusive caregiver from the home. We take control of the mail and the phone to cut off contact with the scammers. We argue that this drastic measure is necessary to preserve the remaining assets for the care of the elder. We protect the person by protecting their property.
Contesting Fraudulent Wills and Trusts
Elder fraud often culminates in a deathbed change to the estate plan. The caregiver suddenly produces a new will leaving everything to them.
We contest these fraudulent documents. We file will contests based on lack of capacity and undue influence. We subpoena the medical records from the days surrounding the signing of the will. If the elder was heavily medicated or in a coma the will is invalid. We also depose the witnesses and the notary. We often find that the formalities of execution were not followed. We fight to reinstate the original estate plan that reflects the true legacy of the victim. We ensure that the fraudster does not profit from their manipulation after the victim is gone.
6. Why Clients Choose SJKP LLP for Elder Fraud
We combine the compassionate approach of a victim advocate with the aggressive litigation tactics of a financial crimes prosecutor to protect the dignity and the assets of the elderly.
At SJKP LLP we understand that elder fraud is a betrayal. It is a crime that breaks the heart as well as the bank.
Our firm is chosen because we act with speed and precision. We know how to freeze a bank account in twenty four hours. We know how to prove that a signature was forged or that a will was coerced. We have the resources to fight against the banks and the insurance companies that enable these crimes.
We defend the wrongly accused with the same vigor. We validate the sacrifice of the caregiver and protect them from the greed of distant relatives. Whether you are fighting to recover a stolen inheritance or fighting to clear your name SJKP LLP provides the sophisticated and unwavering advocacy necessary to secure justice for the most vulnerable among us.
09 Jan, 2026
