Can You Go To Jail For Financial Exploitation?

What is financial abuse of elderly?

Financial abuse exploitation in relation to a person’s financial affairs.

restricting a person’s access to money, employment or possessions.

pressurising a person about their will, a lasting power of attorney, property and inheritance..

Is financial exploitation a felony?

The bill establishes the crime of financial exploitation of an older individual. … The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved.

Who is at risk of financial abuse?

Gender also is a key risk factor of financial abuse. The Met Life study in America showed that women are twice as likely as men to be victims of elder financial abuse, with the majority being between the ages of 80 and 89 and living alone. Those who are single or widowed are also at risk.

What is exploitation of the elderly?

Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his/her own personal benefit. This frequently occurs without the explicit knowledge or consent of a senior or disabled adult, depriving him/her of vital financial resources for his/her personal needs.

Is elder financial abuse a crime?

According to the National Adult Protective Services Association (NAPSA),2 the rate of financial exploitation is extremely high, with one in 20 older adults indicating some form of financial mistreatment. This is not a victimless crime.

What is another name for financial abuse?

It is related to, or also known as, financial abuse, which is the illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person’s will to name the abuser as heir), often fraudulently obtaining power of attorney, followed by deprivation of money or other …

How do you report elderly financial abuse?

If you want to report elder financial abuse, contact your local county APS Office (PDF). Abuse reports may also be made to you local law enforcement agency.

Can you go to jail for exploitation?

Penal Code 368 PC is the California statute that makes elder abuse a crime. The section applies to the physical or emotional abuse, neglect or financial exploitation of anyone 65 years of age or older. Elder abuse can be charged as a misdemeanor or a felony, and can carry up to 4 years of jail or prison.

What are examples of exploitation?

Types of exploitationSexual exploitation. This is when someone is deceived, coerced or forced to take part in sexual activity. … Labour exploitation. … Domestic servitude. … Forced marriage. … Forced criminality. … Child soldiers. … Organ harvesting.

How do you investigate financial exploitation of the elderly?

If you suspect someone of being financially abused, there are several actions you can take: Report the possible crime by calling your local Adult Protective Services and state attorney general’s office. File a police report. Explore options at your local probate court if your state has such courts.

What happens if you are charged with elder abuse?

The penalties for elder abuse in California are very steep. … Misdemeanor elder abuse penalties include up to one year in county jail and a fine of up to $6,000. Felony elder abuse is a more serious crime. If you are charged with a felony, you could be facing up to four years in state prison.

What is meant by financial exploitation?

(11) “Financial Exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the elder person or the vulnerable …

What are examples of financial abuse?

Common examples of financial abuse include:A family member who repeatedly pressures a parent for money or borrows money, but never repays it.A family member who sells a parent’s house or other property and then uses the money for their own benefit.More items…

Is exploitation of the elderly a felony?

Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than …