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Civil Litigation

Elder Abuse

It often starts as a sense that something is off: a parent's account balance keeps falling, a new friend appears in every conversation, or bruises go unexplained after a stay in a facility.

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01 GUIDE

Elder Abuse: what usually happens

Recognizing what is happening

Elder abuse covers physical harm, neglect, emotional abuse, and financial exploitation of older adults. In nursing homes and assisted living, it often shows up as pressure sores, repeated falls, weight loss, or medication errors suggesting that basic care is not being provided. Financial exploitation is frequently carried out by someone the older person trusts, such as a relative, a caregiver, or a new acquaintance, through changes to bank accounts, deeds, wills, or powers of attorney. Scams by strangers are common too. Where the older adult still has capacity, their own wishes matter, and family members should be careful not to take control in ways the law does not allow.

Reporting and preserving

If someone is in immediate danger, call 911. Otherwise, reports can go to Adult Protective Services through the local social services office, to the police, and, for nursing homes, to the New York State Department of Health. Reporting promptly matters, especially with financial abuse, because banks are sometimes able to hold or investigate transactions that are flagged quickly. Keep copies of statements, photographs of injuries, care records you are entitled to, and any messages that show pressure or deception. If you hold a power of attorney or serve as a health care agent, act within that role and keep records of what you do.

Civil paths that may be open

Alongside any criminal case, civil options often exist. A family member or the estate may be able to bring claims against a facility for neglect, or against a person who took money through undue influence or fraud. Where an older adult can no longer manage their affairs, a guardianship proceeding may be needed to protect assets and stop further harm, and New York handles that through a specific court process. Transfers made under pressure can sometimes be challenged in court, including in the Surrogate's Court if the person has died. We start with what has happened, who has authority to act, and which steps protect the person first.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about elder abuse and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.