As life expectancy continues to rise, Pennsylvania's aging population remains growing. At the same time, the World Health Organization reports that one in six people 60 years of age or older experienced some form of abuse within the last year. In the face of increases in elder abuse, it's more important than ever before to ensure the safety and well-being of older adults in their vulnerable years. While abuse can take many forms—physical, psychological, sexual, and neglectful—financial exploitation is more common than one may think.
As individuals age, they may rely heavily on others for assistance, often putting them at increased risk. Elder financial exploitation can arise from trusted family members, caregivers, or even strangers who take advantage of one's diminished capacity, social isolation, or goodwill. Harm and consequences go far beyond monetary loss; it can lead to the following:
- Compromised health
- Emotional distress
- Damaged creditworthiness
- Diversion of family assets
- Mistrust in family and support networks
The LLF Criminal Defense Team recognizes the risks older adults and their families encounter, including those tasked with rendering around-the-clock care to seniors. When you are accused of elder financial exploitation, begin your defense with us immediately. Our team ensures every legal remedy and every avenue of redress is pursued to protect your family, your finances, or your personal or professional reputation. Call us today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
What Is Elder Financial Exploitation in Pennsylvania?
Under the Older Adults Protective Services Act (OAPSA), Pennsylvania shields seniors from financial exploitation, which can also be referred to as material exploitation. Those targeted under the law include family members or others "in a position of trust" who wrongfully or without authorization take or attempt to take an older adult's money, assets, or property. The legislation details that older adults are anyone over the age of 60, but may also include care-dependent persons (CDPs).
The law maintains six categories of those who are included as being in a position of trust, as follows:
- Parents, spouses, adult children, or other married or blood relatives
- Joint tenants or tenants in common
- Those with fiduciary obligations, including power of attorney, guardianship, custodianship, or conservatorship or as a trustee or personal representative
- Those who receive monetary or other valuable consideration for providing care
- Those who live with or provide some component of home care services continuously, including neighbors or friends who offer uncompensated care
- Current or former sexual or intimate partners
Mandatory Reporting
Although elder abuse remains underreported, Pennsylvania has instituted further measures to ensure protection. The Area Agency on Aging (AAA), in addition to OAPSA, requires employees or administrators of the following facilities to report when they have reasonable cause to suspect abuse, such as financial exploitation:
- Adult daily living centers and assisted-living residences
- Birth centers and hospices
- Community homes for the intellectually disabled
- Community residential rehabilitation services
- Department of Human Services (DHS) nursing facilities
- Domiciliary care homes and family living homes
- Home care registry facilities
- Home healthcare organization facilities
- Long-term care nursing facilities
- Long-term structured residences
- Older adult daily living centers and personal care homes
- Private and state-run intermediate care facilities
- State mental hospitals
Administrators compelled by the requirement include any person responsible for the administration of a facility, those responsible for employment decisions, or independent contractors. Employees are duty-bound to report, including contract employees with direct contact with residents or unsupervised access to their living spaces. It also includes those employed or contracted to provide care to CDPs for monetary consideration in the individual's residence.
Upon suspicion of financial exploitation, oral reports must be lodged with the AAA immediately. Within 48 hours, reporters must file a written record with the agency.
Investigations Into Elder Abuse
Pennsylvania agencies handle investigations into elder financial abuse differently depending on whether the older adult or CDP is in a facility or community setting. AAA spearheads investigations for older adults living in the community, such as those living independently or with minimal assistive care. The Office of Long-Term Care will probe allegations for those residing in facilities. Under OAPSA, investigations are launched within 72 hours.
OAPSA authorizes caseworkers and investigators from each agency to gather information, interview witnesses, and determine the level of intervention needed. They will likely conduct a home visit to document living conditions, review financial records (if permissible and available), and speak with the alleged victim and other relevant parties, as determined. Investigators will assess whether the senior can handle their own affairs or whether undue influence or other conditions contribute to vulnerability.
If initial evidence suggests criminal conduct, such as fraud, the AAA or OAPSA may refer the case to local law enforcement or the county district attorney's office for further investigation or to file charges.
Criminal Consequences of Elder Abuse
The default grading for elder financial exploitation is a first-degree misdemeanor. Yet, charges are upgraded to felonies of varying degrees based on the amount involved. If the amounts exceed $20,000, the Office of the Attorney General has concurrent jurisdiction to investigate and institute criminal proceedings.
Penalties associated with elder financial exploitation include:
- First-degree misdemeanor: Maximum sentence of five years in jail and a $10,000 fine.
- Third-degree felony: Maximum sentence of seven years in prison and a $15,000 fine.
- Second-degree felony: Maximum sentence of ten years in prison and a $25,000 fine.
- First-degree felony: Maximum sentence of 20 years in prison and a $25,000 fine.
In addition to judicially imposed fines and incarceration, those charged with elder financial exploitation may face mandatory minimums. If a person is convicted of a charge related to theft by deception of an individual 60 years or older, they must serve an obligatory sentence that is no less than 12 months.
Protective Orders in Elder Abuse Cases
In Pennsylvania, protective orders in elder financial exploitation cases can stem from multiple sources. For instance, Pennsylvania's Protection from Abuse Act permits the issuance of protective orders in domestic violence cases, which some elder financial exploitation allegations may fall under. Through OAPSA, judges can also impose criminal protective orders (CPOs), similar to protection from abuse orders (PFAs).
Commonly referred to as "no-contact orders" or "stay-away orders," courts can impose CPOs and PFAs without the accused present. Therefore, defendants can be blindsided by restrictions, even if they're tied to false allegations. Protective orders may last up to three years and have consequences beyond immediate legal implications.
If the parties live together—an older adult living with their caregiver-child—the court may choose to evict the defendant and grant the plaintiff sole possession of the residence. If the defendant is looking for employment, a background check will reveal all protective orders against them, and believe it speaks negatively to their character. For those already employed, professional licensing agencies may call credentials into question. Often, criminal or civil charges violate professional conduct rules for licensees, from healthcare professionals and building contractors to teachers and soil scientists.
Violations are serious criminal matters regardless of how minor a PFA provision or CPO bail condition may be. If law enforcement has probable cause to believe a defendant violated a protective order, they can make an arrest, even if the violation did not occur in their presence. Those who breach PFAs or CPOs are subject to indirect criminal contempt of court charges, typically graded as a second-degree misdemeanor, with the following penalties:
- Maximum fines of $1,000
- Maximum jail sentence of six months
If violations involve other criminal acts, such as theft, fraud, or stalking, defendants will encounter separate charges. Elder financial exploitation allegations, including temporary protective orders, can take anyone by surprise. Since individuals can be kept in the dark until they're served with charges and protective orders, an experienced attorney is vital to protect one's personal and professional reputation.
The LLF Law Firm Stands Prepared to Begin Your Defense
The LLF Law Firm understands the gravity of elder financial exploitation allegations and charges. Those accused may feel intimidated by the potential consequences, but our team is dedicated to boosting your confidence with the best outcome.
Our attorneys challenge Pennsylvania courts regarding the merits of protective orders. We will work to ensure those accused retain integrity in their personal and professional lives until the judge's final order. With our experience assisting working professionals to manage license compliance, we are unrivaled in our assurance for those defending employment credentials.
Critically, it takes a seasoned attorney from the LLF Law Firm to find ambiguous points of the law that could mitigate charges or consequences. For instance, is a neighbor who occasionally tends to an older adult's landscaping considered a person in a position of trust? Do financial exploitation laws cover a repairman who scammed an older adult out of appliance repairs?
If you are accused of elder financial exploitation, act fast and retain our team to begin your defense immediately. Call the LLF Law Firm at 888-535-3686 or visit our confidential consultation form, and we will contact you.
