Elder Financial Exploitation: Case Management, Civil Remedies, and Prevention

I. Elder financial exploitation landscape

A. Definitions

B. National and state data

C. Interaction with other issues (housing, healthcare, LTC)

D. Common exploitation patterns that lead to disinheritance or trust/beneficiary disputes (e.g., joint accounts, last-minute amendments, caregiver added to title)

II. Intake, red flags, and case triage

A. Arising from ordinary elder law or estate planning engagements

B. Red flags in financial documents, bank records, and family dynamics

C. Working with clients who may have diminished capacity or be under undue influence

D. Distinguishing “family conflict” from a litigable civil elder financial abuse or trust/estate case (loss size, proof, recovery sources)

III. Case and client management

A. Building a case plan: immediate harm reduction vs. long-term resolution, including early injunctions, accountings, and fast-track pleadings where appropriate

B. Coordinating with APS, social services, and community resources

C. Confidentiality, privilege, and ethics issues, including conflicts where the suspected wrongdoer is also a fiduciary or prior counsel

IV. Civil remedies

A. Statutory and common law claims (conversion, fraud, breach of fiduciary duty, unjust enrichment, theft-based civil remedies, consumer protection statutes), including financial elder abuse statutes and enhanced-remedy provisions

B. Freezing or restraining assets, including temporary restraining orders, lis pendens, and use of probate/trust court powers

C. Restitution and damages strategies, including attorneys’ fees, punitive or enhanced damages, and how remedies affect case selection and settlement (especially in contingency matters)

V. Coordinating civil and criminal strategies

A. When and how to involve law enforcement and prosecutors

B. Criminal statutes that support civil causes of action (e.g., theft-related civil remedy provisions)

C. Timing issues: when criminal proceedings help or hinder the civil case, and working around Fifth Amendment concerns

VI. Preventative planning and protective proceedings

A. Using powers of attorney, trusts, and account structures to reduce risk, and how poor planning creates later litigation patterns

B. Identifying when guardianship or conservatorship is necessary

VII. Practitioner takeaways

The panel will discuss these and other important topics:

• Red flags and intake practices to help attorneys spot potential elder financial exploitation
• Structuring case and client management in elder abuse matters, including safety planning, capacity and undue influence assessments, and coordination with adult protective services and community partners
• Civil causes of action and equitable remedies for recovering stolen assets and stopping ongoing exploitation
• How consumer protection statutes can supplement traditional remedies
• Aligning civil litigation strategy with parallel or potential criminal proceedings
• Guardianships, powers of attorney, and other planning tools to prevent or halt exploitation without overreach
• Proactively safeguarding older clients' assets