Colorado Elderly Financial Exploitation Attorneys
Financial exploitation of the elderly is a serious and growing concern. Financial exploitation of the elderly occurs when a person steals, misuses, or withholds an elderly person's assets, money, and property for advantage or profit.
There are various types of activities that are considered financial exploitation including:
- Misappropriation of assets
- Misuse of credit cards
Additionally, offenders may try to exploit financial arrangements including living trusts and wills, deeds of trust, joint accounts, or powers of attorney. Financial exploitation can occur by trickery, duress, coercion, or taking advantage of an elder who is incapacitated or unable to give informed consent. Common scams used to financially exploit the elderly include identity theft and home repair scams.
New Legislation Passed in 2008
In 2008, Colorado established a new law which gives the court more power to review fiduciary actions and assess the need for oversight, removal, sanctions and contempt. A court possesses and may employ its powers to require a written report or require the fiduciary to appear before the court to submit documents and answer questions. The court can remove the fiduciary and assess damages including compensatory damages, interests, attorney fees, and costs if a breach of fiduciary duty as occurred or an improper exercise of power has occurred.
A fiduciary includes:
- Power of attorney
- Personal representative
For more information, please give us a call today.
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