Albuquerque Nursing Home Financial Abuse Attorneys

What Is Financial Abuse?

In a nursing home, financial abuse occurs when someone takes or uses a resident’s money or property without their consent in a way that benefits someone other than the resident. Put another way, financial abuse refers to any situation where someone takes advantage of a vulnerable elderly adult by stealing or unethically procuring their financial resources. 

Financial elder abuse takes place in a variety of settings but can be especially prominent in nursing homes, as residents are often especially isolated, vulnerable, and susceptible to exploitation. In many cases, a resident’s primary caregiver will be the one responsible for the abuse. They may take to build trust with the resident before convincing them to transfer money or assets. Alternatively, they may simply steal money and resources without the resident’s knowledge once they become familiar with their finances.

Financial abuse may still be occurring even if the resident appears to be voluntarily giving up money, assets, or property. Nursing home residents with reduced mental faculties may not be able to consent to these types of financial or legal decisions, or the perpetrator may be threatening or manipulating them in a way that is improper, unethical, or illegal. 

Signs of Financial Abuse in New Mexico Nursing Homes

Depending on the circumstances, detecting financial abuse in a nursing home setting can be extremely difficult. Financial abusers tend to be good at covering their tracks and often build strong relationships with their victims, allowing abusers to isolate victims from concerned family members. Abusers can also sometimes persuade victims into believing exploitative actions are in their best interest, meaning victims will be far less likely to report anything amiss. You should thus never assume your loved one will tell you about financial abuse: You will have to watch out for red flags. 

Consider reaching out to our Albuquerque nursing home financial abuse attorneys if you notice any of the following warning signs:

• Your loved one is reluctant to discuss their finances
• Your loved one referencing documents they were asked to sign that they did not understand
• Your loved one explaining someone insisted they accompany them to the bank
• Unexplained money transfers or changes to bank accounts
• Unusual and unexplained credit or debit card activity, including ATM withdrawals
• Unpaid bills that you know your loved one has the money to pay
• Sudden changes to your loved one’s estate planning documents
• The unexplained disappearance of your loved one’s money or property
• A caregiver or another nursing home staff member refusing to allow you to be alone with your loved one

Recovering Damages for Nursing Home Financial Abuse

When you discover evidence of financial exploitation, you will need to report the abuse to the appropriate parties, including the nursing home and New Mexico Adult Protective Services. Our team at the Harvey & Foote Law Firm can help you prepare these reports and work with you as you communicate with the facility and relevant authorities. Then, we can work to hold the abuser accountable and seek damages. The nursing home itself may also be liable for negligence if it knew (or should have known) about the perpetrator’s conduct but failed to act or if it failed to conduct an adequate background check on the offending employee. We can help determine liability and walk you through your legal options.

Our Albuquerque nursing home financial abuse lawyers will work to secure:

• Compensatory damages for losses incurred due to the abuse, including the return of stolen money and assets
• Punitive damages
• Compensation for emotional distress
• Compensation for pain and suffering

To learn more about what we can do for victims of nursing home financial abuse, call (505) 295-2245 or contact us online.