As a personal injury attorney that has helped many Mississippi clients deal with financial abuse of their elderly loved ones, I can tell you that elder abuse is a problem here, as it is nationwide. Worried families meet with me to ask about elder abuse and to ask whether they can bring a claim against nursing home or nurse who stole money their family members. As a result of these frequent inquiries, I thought it would be useful to describe three myths that often confuse people who have elderly family members who have been taken advantage of financially while in another’s care. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a nursing home or nursing provider. Barrett Law has the experience to help you through this process. Contact us now at (800) 707-9577.
There is a common misperception that financial abuse of the elderly is something that happens in seedy, low-budget nursing homes run by uncertified staff. This could not be further from the truth, as financial abuse of the elderly more often takes place in their own home at the hands of either a trusted family member, a friend, or a personal nurse.
Myth 1—There Is Nothing You Can Do About the Financial Abuse of the Elderly
False. Mississippi courts take the financial abuse of the elderly seriously. Just like any other fraud or theft, a perpetrator can be sued civilly to reclaim what was taken. In particularly serious cases, criminal charges may be brought by the local prosecutor’s office as well.
Myth 2—If Abuse is Occurring, Your Loved One Would Tell You
False. One thing you must realize is that financial abuse is a crime of trust. First, your loved one may know that the financial transfers or “gifts” are occurring that are enriching their caregivers, but may not know that anything improper is taking place. That is because the caregivers occupy a position of trust and it is usually safe to assume that they would not take advantage of that trust.
Second, because your loved one may be dependent on the caregiver for basic necessities such as food and cleanliness, they have a strong disincentive to anger the caregiver with allegations of misconduct such as theft. This puts your loved one in a precarious position regarding their safety and may result in them keeping their suspicions to themselves.
Myth 3—An Intelligent or Well-Educated Senior Will Not Fall for Scams
False. Like all scams, a person who tries to take money from an elderly person preys upon their emotions, hoping the emotions will override intelligence. Supposed “emergency” requests for money from grandchildren who are supposedly “in trouble” are common, as are others that pull at the elderly person’s heartstrings. Even highly intelligent people fall into these scams; in fact, they may be less likely to report it because of feelings of humiliation.
What Should You Do If You Believe Your Loved One is the Victim of Financial Abuse?
If you believe that a loved one is the victim of financial abuse, report it immediately to law enforcement. Next, you must contact an experienced personal injury attorney to begin the process of reclaiming lost funds.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your elderly loved one has been the victim of fraud.
The experienced Mississippi Personal Injury Attorney at Barrett Law has the experience to take on nursing home and nursing providers’ attorneys that are focused on denying your compensation for your loss. Contact us now at (800) 707-9577.
