Reporting elder financial abuse | Consumer Financial Protection Bureau (2024)

Help for family and friends of people living in nursing homes and assisted living communities

There are four steps to help protect your loved ones from financial abuse:

  1. Prevent
  2. Recognize
  3. Record
  4. Report

This resource focuses on the final step, “Report.” To learn about the other steps and get more information and resources, read our guide, Preventing elder financial abuse .

What is financial abuse?

Financial abuse is when someone takes or misuses another person’s money or property for the benefit of someone other than that person. For example, neighbors, caregivers, professionals, and even family or friends may take money without permission, fail to repay money they owe, charge too much for services, or not do what they were paid to do. Financial abuse—sometimes called financial exploitation—is a form of elder abuse. To learn how to recognize the signs of financial abuse, read the guide on protecting people who live in nursing homes and assisted living communities .

As a family member or friend, you are in a unique position to help protect your loved ones from financial abuse. If you suspect financial abuse, you should report your suspicions to the appropriate authorities. This resource explains how to report elder financial abuse.

Where should I report financial abuse?

  • If you suspect elder financial abuse, report it to Adult Protective Services (APS). APS are social services programs in each state. They serve older adults and adults with disabilities who need help due to abuse, neglect, or exploitation. Adult Protective Services is a common term, but this may not be the name of the agency in your state. Find your local APS .
  • If there is an urgent risk of harm to your loved one or someone else, you should call 911 right away. Otherwise, you can call the non-emergency number for your local police or Sheriff’s office to file a report. Some state laws define elder financial abuse as a specific type of crime. Financial abuse may also involve other crimes such as theft, fraud, forgery, embezzlement, or money laundering.
  • You can also report financial abuse to your local District Attorney’s office and ask them to prosecute the person who took advantage of your loved one.

What information do I need to file a report?

Include as much information as possible in your report. Plan to share what you have observed. Even if you don’t have all of the details, you should still file a report. The authorities who will investigate the situation do not expect you to know everything.

  • Time, date, and location of the incident(s)
  • Names of anyone who was involved and anyone who observed the incident(s)
  • Description of the suspected financial abuse and any other types of abuse or neglect
  • Your loved one’s disabilities or health conditions, including any information about decision-making abilities or memory loss
  • Whether you believe there is an urgent risk of danger to your loved one or someone else

What other types of help are available?

  • Long-term care ombudsmen help people living in nursing homes, assisted living communities, and similar adult care communities. Ombudsmen can advocate for your loved one and help solve the problem. Every state has an Office of the State Long-Term Care Ombudsman. Find your ombudsman .
  • If your loved one has a social worker, elder patient advocate, or someone in a similar role, consider asking that person for help.
  • If there is a resident and family council in your loved one’s community, you could tell the council about the situation and ask for help. Resident and family councils are groups of family members who work together to help people living in nursing homes and assisted living communities and their families.
  • If the financial abuse involved a financial account, work with your loved one to contact their bank, credit union, credit card company, or other financial services provider as soon as possible. Depending on the situation, the financial institution may be able to get your loved one’s money back. You can also check whether your loved one has any insurance that might cover the loss.

Problems with an assisted living community or nursing home team member

  • If you suspect that a care team member or volunteer of your loved one’s assisted living community or nursing home may be financially abusing them, report your concerns to the administrator or the team member responsible for receiving reports of abuse. If the problem is not resolved, you should be able to file a grievance, complaint, or both.
Where does your loved one live? You can report to

Nursing home

  • State survey agency that oversees Medicare-certified or Medicaid-certified nursing homes
  • State licensing board for the perpetrator, if the perpetrator is a licensed professional

Assisted living community

  • Assisted living licensing boards
  • State licensing board for the perpetrator, if the perpetrator is a licensed professional

Problems with financial caregivers

  • If you suspect that a Social Security representative payee is misusing your loved one’s Social Security benefits, contact the local Social Security office or call the Social Security Administration at 800-772-1213.
  • If you suspect that a fiduciary appointed by the Department of Veterans Affairs (VA) is misusing your loved one’s benefits, contact the VA .
  • If you suspect that a guardian or conservator is misusing your loved one’s money or property, contact the court that appointed the guardian or conservator. Most courts have procedures for receiving and investigating complaints.

Scams

What legal options might we have?

You may want to talk to a lawyer to find out whether your loved one has any legal options. Local civil legal services programs (often known as “legal aid”) may be able to help for free, or you can hire a private lawyer. Search for legal services programs in your area .

  • Some states have laws to help survivors of financial abuse file cases in civil court to recover their money.
  • Some states have a way to temporarily freeze bank accounts or put a hold on property transfers to stop the financial abuse. Some states allow banks, credit unions, and other financial institutions to put a transaction temporarily on hold when they suspect elder financial abuse.
  • You may also be able to file a case in civil court to request a “restraining order” or “order of protection.” A judge can issue one of these orders, which says the perpetrator can no longer contact your loved one. This can help separate the perpetrator from your loved one and prevent further harm.

Where can I find more information?

Read our guide, Preventing elder financial abuse: A guide for family and friends of people living in nursing homes and assisted living communities .

Reporting elder financial abuse | Consumer Financial Protection Bureau (2024)

FAQs

What form does the Consumer financial Protection Bureau recommend for reporting financial abuse of seniors? ›

If you are employed by a financial institution, please complete form SOC 342. All other persons should complete form SOC 341.

Which are examples of financial abuse of the elderly? ›

For example, neighbors, caregivers, professionals, and even family or friends may take money without permission, fail to repay money they owe, charge too much for services, or not do what they were paid to do. Financial abuse—sometimes called financial exploitation—is a form of elder abuse.

What steps should be taken if elder abuse or financial exploitation is suspected? ›

What should you do if you suspect elder financial exploitation?
  1. Talk to your older loved ones. ...
  2. Report elder financial exploitation to their bank.
  3. Contact Adult Protective Services.
  4. Reach out to the police and file a report with the FBI at IC3.Gov.

Which act is considered to be financial abuse of an elder? ›

(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

What types of evidence would you report for a case of elder abuse? ›

Again, on physical evidence as an officer, you want to look for bruises, rashes, and bedsores on that subject. Bedsores can be absolutely indicative of abuse or neglect. Photograph, get statements from neighbors, social workers, family members, physicians, and nurses.

What is the most complaint received by CFPB from elderly people? ›

WASHINGTON, D.C. — Today, the Consumer Financial Protection Bureau (CFPB) released a report highlighting debt collection as a top complaint for older Americans, many of whom say they struggle with debt in retirement.

Is elder financial abuse hard to prove? ›

There are also many cases that are never pursued simply because while the suspicion of elder financial abuse is justified, not enough evidence exists to pinpoint the responsible party or how the abuse took place. Without these important elements, your case of financial elder abuse could be difficult to make.

What are two categories of elderly financial abuse crimes? ›

Financial exploitation refers to two types of financial crimes committed against older adults.
  • Financial abuse (committed by someone you know)
  • Financial fraud (committed by a stranger)

What is the most common form of elder mistreatment? ›

Emotional abuse is the most common type of elder abuse, according to data from the World Health organization (WHO). The WHO found that one out of three of nursing home residents or their families reported cases of emotional nursing home abuse.

How to win a financial abuse case? ›

To win a financial elder abuse claim in California, you need to prove that it is “more likely than not” that the abuse did occur, that the victim was 65+ (or dependent) when the abuse occurred, and that the perpetrator knew or should have known that their act was likely to cause harm to the elderly victim.

What are the red flags for elder financial exploitation? ›

Unusual activity in a person's bank accounts, including large, frequent or unexplained withdrawals. ATM withdrawals by an older person who has never used a debit or ATM card. Withdrawals from bank accounts or transfers between accounts your loved one cannot explain.

Do banks report financial abuse? ›

Banks and financial institutions are mandated reporters under Welfare and institution Code §15630.1. Failure to report can lead to a $1,000 fine.

What are examples of financial abuse of the elderly? ›

Examples Of Elder Financial Abuse
  • Intercepting checks or cash,
  • Telemarketing scams,
  • Power of attorney fraud,
  • Identity theft,
  • Befriending an elder to get elaborate gifts,
  • Convincing an elder to hand over money or personal property,
  • Coercing the person to change their estate planning documents,
Jul 21, 2022

What federal law protects seniors? ›

Passed in 2010, the Elder Justice Act is the first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level.

Which 2 of the following are examples of financial elder abuse? ›

In most cases, the abusers are known to the elder. Abusers can include caregivers, friends or relatives. The three most common forms of elder financial abuse are identity theft, use of debit or credit cards, scams (lottery and telemarketing) or abusing a power of attorney.

What is the written report form SOC 341 used for? ›

Any mandated reporter, who in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be abuse or neglect, or is told by an elder or dependent adult that he or she has experienced behavior constituting abuse or neglect, or ...

What is the Senior Safe Act? ›

The Senior Safe Act protects “covered financial institutions”[3] – which include investment advisers, broker-dealers, and transfer agents – and their eligible employees, from liability in any civil or administrative proceeding in instances where those employees make a report about the potential exploitation of a senior ...

What is Section 1034 C of the Consumer Financial Protection Act CFPA? ›

Section 1034(c) of the CFPA requires financial institutions to respond to a consumer's request for information concerning a consumer financial product or service in a timely manner.

How do you file suspicious activity reports regarding elder financial exploitation? ›

In addition to filing a Suspicious Activity Report, FinCEN recommends that financial institutions refer customers who may be victims of EFE to the Department of Justice's National Elder Fraud Hotline at 833-FRAUD-11 or 833-372-8311 for assistance with reporting suspected fraud to the appropriate government agencies.

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