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Offense

Elder Financial Abuse

Fraud, Deception and Corruption Offenses

The illegal or improper use of an older person's funds, property or other assets, most often carried out by a family member, caregiver, or a person in a position of trust, through means including outright theft, coerced changes to a will or power of attorney, or a fraudulent investment scheme specifically targeting older victims. It is recognized by adult protective services agencies and law enforcement bodies in a number of countries as a distinct and significantly underreported category of financial crime, in part because a victim dependent on the abuser for care may be reluctant or unable to report the abuse, and a substantial number of jurisdictions have enacted enhanced criminal penalties or mandatory reporting requirements specifically addressing financial exploitation of an older or otherwise vulnerable adult.

Facts
Typical Penalty
In California, where the property or money taken is valued at $950 or less, a fine not exceeding $1,000 and or imprisonment in a county jail not exceeding one year 1
Elements of Offense
Requires that the defendant knows or reasonably should know that the victim is an elder or a dependent adult 1
Notable Example
Anthony Marshall, son of philanthropist Brooke Astor, was convicted in October 2009 of exploiting his elderly mother's finances and sentenced to 1 to 3 years in prison 2
Jurisdiction Variation
Some jurisdictions, such as France, Germany and most of the United States, recognize filial responsibility laws that treat failure to support an impoverished elder as a form of financial abuse 3
Classification
Offense Grade
Serious or Indictable Offense 1
In the Other Atlases
Sources
1. California Penal Code Section 368 (FindLaw)
  • Section 368(d), $950 or less penalty clause
    fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year
  • Section 368(d), knowledge requirement clause
    knows or reasonably should know that the victim is an elder or a dependent adult
View the Source
2. Brooke Astor (Wikipedia)
Legal case against Anthony Marshall section
Quote, Legal case against Anthony Marshall section
Marshall and Morrisey were both sentenced to 1-3 years in prison.
View the Source
3. Elder abuse (Wikipedia)
Financial abuse section
Quote, Financial abuse section
failure to pay financial support to impoverished elders in jurisdictions which have filial responsibility laws, such as France, Germany, and most of the United States
View the Source
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