Is Elder Financial Abuse a Tort Or Do You Simply Get Back The Money?

• August 26 2023
• |   Elder Abuse

As a senior citizen, you’ve worked hard your entire life to accumulate wealth and ensure financial security in your golden years. However, there are unscrupulous individuals who target the elderly and seek to illegally and unethically benefit from their life savings. Elder financial abuse is a serious crime that can devastate victims emotionally and financially.

If you or a loved one has been the victim of such predatory behavior in Nevada, you may be entitled to pursue legal action against the perpetrators to recover stolen funds and damages. The experienced attorneys at Leverty & Associates have handled many cases of elder financial exploitation and abuse. They understand the sensitive nature of this issue and approach each case with compassion. More importantly, they have a proven track record of success in recovering assets and obtaining justice for elderly victims of fraud and scams.

Don’t delay – contact us today for a free consultation to discuss your legal options and the possibility of recovering money that rightfully belongs to you.

Elder Financial Abuse: A Growing Problem in Nevada

Elder financial abuse is an increasing problem in Nevada that often goes unreported. According to the U.S. Senate Special Committee on Aging, elders who are victims of financial abuse lose an estimated $2.9 billion each year.

A Growing Yet Underreported Crime

Financial abuse of elders takes many forms, from theft and fraud to coercion and scams. Sadly, the perpetrators are frequently family members, caregivers, or those in a position of trust. Due to shame, fear, or uncertainty, many elders do not report that they have been taken advantage of financially.

Law enforcement and social services struggle to curb this despicable behavior due to lack of awareness and underreporting. However, in recent years Nevada has strengthened laws protecting vulnerable adults and worked to increase public understanding of the warning signs.

If you suspect an elder in your life may be the victim of financial abuse, don’t stay silent. Report your concerns to local authorities such as Adult Protective Services, a crisis hotline, or law enforcement. By speaking up, you could help put an end to the abuse and allow the elder to regain security and dignity. No one deserves to be exploited, especially not our most vulnerable citizens in their golden years.

Is Elder Financial Abuse Considered a Tort Under Nevada Law?

Under Nevada law, elder financial abuse may qualify as a tort, allowing victims to recover damages.

Elder financial abuse, defined as the improper use of an elderly person’s funds or property, can constitute civil wrongdoing. In Nevada, certain acts of elder financial abuse may qualify as intentional torts, such as fraud or conversion.

If proven, victims may be entitled to recover compensatory damages for losses and punitive damages. Compensatory damages aim to make the victim whole again, covering losses like stolen money or property. Punitive damages are meant to punish the wrongdoer.

To establish elder financial abuse as an intentional tort in Nevada, a victim must show:

• the defendant owed them a duty of care
• the defendant breached that duty through improper conduct like fraud, theft or undue influence
• the breach caused harm, like financial losses
• the harm merits compensation.

Victims of elder financial abuse in Nevada should consult an attorney to determine if their situation qualifies as an intentional tort. Legal action may allow victims to recover stolen funds and damages, while preventing further victimization. Perpetrators may also face criminal charges for their unlawful conduct.

Leverty & Associates helps victims of elder abuse and financial exploitation in Nevada pursue civil remedies and damages. If you or a loved one has been the victim of elder financial abuse, do not hesitate to contact us. We will evaluate your case at no cost and help you take appropriate action.

Consulting an Elder Financial Abuse Attorney in Nevada

If you suspect elder financial abuse, contacting an attorney who specializes in elder law is critical. An experienced elder financial abuse attorney can advise you on the proper steps to take and help determine if legal intervention is necessary.

In Nevada, elder financial abuse may be considered a tort, allowing victims to pursue civil lawsuits against perpetrators to recover stolen funds or assets. An elder law attorney can evaluate whether there are grounds for a lawsuit, what damages may be claimed, and the likelihood of success. They can also send demand letters to try and recover funds before initiating litigation.

Alternatively, in some situations funds may be able to be recovered through voluntary repayment or restitution. An attorney can negotiate with the perpetrator and any involved financial institutions to potentially recover at least a portion of stolen funds without requiring court intervention.

While preventing elder financial abuse is ideal, consulting an attorney focused on elder law and financial abuse can help remedy the situation when it does occur. An attorney has the experience and expertise to determine appropriate legal remedies based on the specifics of each case. Their guidance can help put a stop to ongoing abuse and work to recover losses for victims.

Frequently Asked Questions

As a victim of elder financial abuse in Nevada, you may have questions about your legal options and next steps. Here are some common FAQs we receive:

Is elder financial abuse considered a tort in Nevada, allowing me to sue for damages? 

Yes, elder financial abuse is considered a tort in Nevada. Victims can pursue civil lawsuits against perpetrators to recover stolen funds and other damages.

Are there also criminal issues that relate to elder abuse and elder financial abuse?

In Nevada, there is statute NRS 200.5099 which is the elder abuse neglect, exploitation and isolation law. Those are criminal matters with criminal penalties.

If there are criminal penalties, does it make your case stronger?

Yes. If the person is guilty of a criminal act, it makes the case stronger because, in criminal law, there is a higher burden of proof. If the person is charged and they have gone to trial and have been found guilty beyond a reasonable doubt, it makes the civil claims, which are under the preponderance of the evidence standard of proof, easier to prove.

What are the criminal and civil penalties for elder abusers?

In Nevada, the criminal can be charged with a gross misdemeanor as long as there is no substantial bodily harm or mental harm, but that is for a first-time charge. If there is a later charge, it can be a category B felony.

If the perpetrator has already spent the stolen money, is there any point in pursuing legal action? 

Yes, even if the funds cannot be recovered, a civil lawsuit can still provide justice and accountability. The court may award damages for pain and suffering, punitive damages, and attorney’s fees. A judgment against the perpetrator also alerts others to their abusive behavior.

Our firm understands how devastating elder financial abuse can be. We work closely with victims and their families to build strong cases against perpetrators and push for maximum damages awards and legal consequences allowed under Nevada law. Please contact us for a free consultation to discuss your legal options in confidence.

Why Choose Us?

Leverty & Associates has a proven track record of success in elder financial abuse cases. We have successfully handled many similar cases, recovering millions of dollars for our clients. Our skilled attorneys are well-versed in relevant laws like the Elder Abuse and Dependent Adult Civil Protection Act that allow victims to recover damages.

We provide compassionate yet aggressive representation. We understand the emotional trauma of financial abuse and will handle your case sensitively while still being fierce advocates. We conduct thorough investigations to determine the full extent of the financial abuse and hold perpetrators accountable.

Our firm has the resources and experience to take on complex cases. We are not intimidated by difficult cases involving multiple defendants or tangled financial transactions. We have the investigative skills to uncover hidden assets and the litigation experience to pursue them.

At Leverty & Associates, we believe the victims of elder financial abuse deserve justice and compensation. If you or a loved one have been the victim of financial abuse, we can help you pursue legal claims to recover your money and hold the perpetrators responsible. Please contact us at Reno: (775) 322-6636 and Las Vegas: (702) 507-0201 today for a free consultation.