According to the U.S. Census Bureau, 24% of Michigan’s population will be 60 or older by year 2030, an increase of 32% from 2012. The elderly are at risk for financial exploitation, known as elder financial abuse. Financial abuse can come in the form of theft, duress, undue influence or fraud.
Elder financial abuse, in the most egregious cases, is criminal. But prosecutors have limited resources and must prove their cases “beyond a reasonable doubt,” so they have to make careful decisions about which cases to pursue.
The Probate Court, however, provides a civil option for a person to take action to protect an elderly victim. The Probate Court can appoint a conservator to protect and/or restore the victim’s assets.
If a potential elder abuse issue has not gotten the attention of law enforcement, then going to the Probate Court to seek relief may be the best option. Talk to us about your concerns.
