Many adults may be living with medical or psychological conditions that make independent living impossible, and they rely on friends, family members, or professional caregivers. Unfortunately, these vulnerable adults face various forms of exploitation, including financial.
Financial exploitation of vulnerable adults may involve coercion, fraud, and abuse of the legal system, among other factors. It is often perpetrated by those closest to the victim, such as family members or caregivers who see the victim almost every day. While nursing homes are commonly involved in cases like this, it can also happen in private homes among family members. Not only can someone accused of financial exploitation of a vulnerable adult face criminal charges, but they may also be charged with other related offenses.
Get a free, private case review from our Park City, UT criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.
What Does Financial Exploitation of Vulnerable Adults Look Like?
Vulnerable adults often rely on relatives or professional caregivers for their daily needs, and they may be especially susceptible to abuse or exploitation. Financial abuse is not uncommon and may take various forms.
Coercion
In many cases, financial exploitation involves coercion. The person in charge of the vulnerable adult’s care might threaten to withhold medication, food, or other necessities if the vulnerable adult refuses to grant them access to the vulnerable adult’s money or accounts.
In many cases, the vulnerable adult has no one else to look out for them and no one to seek help from.
Fraud
Many other cases of financial exploitation stem from fraud. A family member or caregiver might trick the vulnerable adult into handing over financial or banking information under the guise of helping them with money and finances. This is not uncommon, and many people do it for elderly parents who may no longer be able to manage their own finances.
Abusing the Legal System
Others take advantage of flaws in the legal system to financially exploit vulnerable adults. Although this is somewhat less common, caregivers or family members may petition the court for legal authority over the vulnerable adult.
Generally, this arrangement is meant to help vulnerable adults who are unable to manage their own affairs, finances, or protect their rights. A family member may be given power of attorney or the authority to make financial decisions on behalf of the vulnerable adult. Unfortunately, many use this to funnel funds from the vulnerable adult’s accounts to their own.
How and Where Exploitation of Vulnerable Adults May Occur in Utah
Financial exploitation of a vulnerable adult may occur under numerous circumstances. While some victims are exploited in a professional nursing facility, others face exploitation in their own homes.
Nursing Homes
Many vulnerable adults live in nursing homes where professional staff, including medical professionals, tend to their care. Unfortunately, some staff members might take the opportunity to exploit the residents in their care.
They may secretly take personal information from the victim or trick them into handing over money or valuables. In some cases, victims have serious memory and cognitive problems, and they may not even fully realize what is happening.
Family Members
Unfortunately, family members are often involved in cases like this, especially when the vulnerable adult has significant financial resources. Adult children or other family members may gain access to their loved one’s accounts or finances and enrich themselves. All the while, the vulnerable adult has no idea their loved one is stealing from them.
Scams
Many vulnerable adults fall for phone, email, or online scams and end up handing over sensitive financial information without realizing it. These kinds of scams are becoming increasingly common, and many older and vulnerable adults fall victim.
What Vulnerable Adults Are Susceptible to Financial Exploitation?
A vulnerable adult is defined as an elder or dependent adult with a mental or physical condition or impairment that substantially affects their ability to perform certain aspects of their own daily needs and care.
The Elderly
Older adults may be very vulnerable to financial exploitation. Many vulnerable adults have years of financial savings, and they are often targeted by those looking for easy money. Many older adults live with conditions that make it hard for them to live independently. They might have cognitive problems that make it difficult for them to understand what is going on around them. As such, it may be all too easy for someone to swoop in and financially exploit them.
Adults Living with Disabilities
Many victims are not older adults but are instead adults living with mental or physical disabilities or limitations. In some cases, these vulnerable adults cannot understand that someone is financially exploiting them, and they never report it to the authorities or anyone else.
Adults Receiving Public Assistance or Benefits
Vulnerable adults may get help from public assistance or benefits. If they cannot manage their own finances, someone close to them may be appointed to manage them. Unfortunately, this person might take some or all of the money meant for the vulnerable adult. In some cases, perpetrators are accused of keeping the vulnerable adult in their care solely to have access to their financial benefits.
Possible Penalties for Financial Exploitation of a Vulnerable Adult in Utah
The exploitation of a vulnerable adult is not only a serious offense, but it is widely considered morally repugnant. If you are accused, contact a lawyer immediately.
Felony Charges for Exploitation of a Vulnerable Adult
Depending on the circumstances, defendants accused of financially exploiting a vulnerable adult may face felony charges.
If you are accused of intentionally or knowingly financially exploiting a vulnerable adult for a profit of over $5,000, you may be charged with a second-degree felony. If convicted, you may face at least 1 year in prison and up to 15 years.
If the alleged profit is less than $5,000, you may be charged with a third-degree felony punishable by a prison term not to exceed 5 years.
Misdemeanor Charges for Exploitation of a Vulnerable Adult
In other cases, defendants may face misdemeanor charges. If the financial exploitation of a vulnerable adult is determined to have been committed recklessly, a defendant may be charged with a Class A misdemeanor. If convicted, the defendant may face a jail term of up to 1 year.
If the offense is instead committed criminal negligence, the defendant may be charged with a Class B misdemeanor punishable by up to 6 months in jail.
Additional Charges Associated with Exploitation of Vulnerable Adults in Utah
Financial exploitation of a vulnerable adult is often associated with other criminal offenses committed against the same victim. As such, if you are accused, you should call a lawyer for help immediately.
Abuse or Aggravated Abuse
Financial exploitation is often associated with forms of abuse. A defendant may be accused of using physical violence against a vulnerable adult to gain financial control over them or coerce them into giving them money. They might instead steal public assistance or benefits meant for the vulnerable, leaving the victim to languish.
Defendants could be charged with abuse or aggravated abuse of a vulnerable adult and face additional misdemeanors or even felonies.
Endangerment of a Vulnerable Adult
Although it might sound like something out of a movie, people who exploit vulnerable adults often take terrible measures to keep them under control. It is not unheard of for people to drug a vulnerable adult to keep them quiet. In such cases, a defendant may also face possible felony charges for the endangerment of a vulnerable adult.
Theft and Fraud
Depending on how the financial exploitation happened, you may be charged with offenses related to theft or fraud. For example, using a vulnerable adult’s personal information to open a credit card without their knowledge or consent may be considered an act of fraud. If you use their information to obtain ill-gotten benefits or assistance, you may also be charged with theft.
Can You Go to Jail for Financially Exploiting a Vulnerable Adult in Utah?
If you are convicted of the financial exploitation of a vulnerable adult, incarceration is a very real possibility. How long you may spend behind bars depends on whether you are charged with a felony or a misdemeanor.
Depending on the specific facts of your case, our Provo, UT criminal defense lawyers may be able to help you avoid jail time. For example, you might take a plea agreement in which your charges are reduced, or the prosecutor agrees to a more lenient penalty that does not involve incarceration, such as probation.
Can I Defend Myself if Charged with Financially Exploiting a Vulnerable Adult?
If you are accused of financially exploiting a vulnerable adult, you have the right to defend yourself and fight the charges. Many such cases often stem from misunderstandings or even outright lies, and an experienced lawyer can help you.
Lack of Intent
Financial exploitation involves a certain level of intent for a defendant to be charged and convicted. Felonies usually require intentional and knowing exploitation, while misdemeanor charges require reckless intent or criminal negligence.
Depending on how you are charged, your lawyer may help you argue that you did not have the intent necessary for these charges. If successful, your charges may be reduced, dropped, or dismissed.
Did You Know You Were Dealing with a Vulnerable Adult?
A key element of charges for the exploitation of a vulnerable adult is that the alleged victim is indeed considered a vulnerable adult. If the alleged victim is capable of caring for themselves and living independently, they may not fit the legal definition of a vulnerable adult, and the charges may be altered, reduced, or dropped.
Your Actions Were Not Unjust or Inappropriate
Many cases of financial exploitation of a vulnerable adult stem from misunderstandings. For example, an adult child might be placed in charge of their elderly and vulnerable parent’s finances. Other family members may disagree with this arrangement for real or imagined reasons and accuse the adult child of exploitation. In reality, your actions might not have been unjust or illegal.
Evidence to Fight Charges for Financially Exploiting a Vulnerable Adult in Utah
When fighting charges for the exploitation of a vulnerable adult, we need as much evidence on our side as possible.
Witnesses
People close to you and the vulnerable adult involved in the case may be able to testify in your defense. Friends, neighbors, family members, and people in the community might vouch for you and say that you were not exploiting anyone.
Certain witnesses may also help us prove that one of the prosecutor’s witnesses is lying. False accusations are very serious and can quickly be undermined with the right evidence.
Financial Records
Financial records may be extremely important in cases like this. Your financial records and those of the alleged victim may show that there has been no significant change in anyone’s financial situation. Financial exploitation cannot occur when money or assets do not change hands.
Medical and Psychiatric Records
We may also need the victim’s medical and psychiatric records, if any. These records may help us determine whether the victim was truly a vulnerable adult. In some cases, older adults decide to give money away or make risky financial decisions that their loved ones disapprove of. In those cases, the concerned family members may accuse you of exploiting the alleged victim when, really, they made their decisions completely on their own.
FAQs About Financial Exploitation of Vulnerable Adults in Utah
How Often Does Financial Exploitation of Vulnerable Adults Occur?
Financial exploitation of vulnerable adults happens more often than people realize, but it can be hard to detect, as victims are often intimidated into staying silent or are incapable of speaking up.
How Does Financial Exploitation Occur?
Financial exploitation may involve force or coercion against the victim. In other cases, the alleged perpetrator might defraud the victim out of money or misrepresent them so convince a court to grant them authority over the victim’s assets.
Who Often Commits Financial Exploitation of a Vulnerable Adult?
In many cases, financial exploitation of a vulnerable adult comes from those closest to the victim. Family members are often implicated, but so might nursing home staff members or professional caregivers.
What Are the Legal Penalties for Financially Exploiting a Vulnerable Adult?
If someone is charged and convicted of financial exploitation of a vulnerable adult, they may face serious jail time, fines, and restitution for the money they may have defrauded from the victim.
Should I Hire a Lawyer if I’m Accused of Financially Exploiting a Vulnerable Adult?
Yes. If you are accused of financial exploitation, contact a lawyer for help immediately.
How Do I Fight Charges of Financial Exploitation of a Vulnerable Adult?
Your attorney should help you develop a defense strategy tailored to your case. Common defense methods include presenting financial records to disprove the accusation or explaining that your actions were in the victim’s best interest, but the victim became confused.
Speak to Our Utah Criminal Defense Attorneys for Help Now
Get a free, private case review from our Salt Lake City, UT criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.
