Westchester Elder Financial Abuse Attorney
Elder financial abuse is a growing and deeply troubling issue affecting seniors in Westchester and across the country. As older adults become more dependent on others for care, they also become more vulnerable to manipulation, fraud, and exploitation. Whether it’s committed by a stranger, caregiver, or even a trusted family member, financial abuse can quickly drain a senior’s savings and disrupt their security. At Cavallo & Cavallo, our Westchester elder financial abuse attorneys help families identify, stop, and prevent elder financial abuse through compassionate legal support and proven strategies.
What Is Elder Financial Abuse?
Elder financial abuse occurs when someone illegally or improperly uses a senior’s money, property, or assets for personal benefit. It can take many forms—from outright theft to more subtle manipulation.
Common examples include:
- Stealing checks or withdrawing funds from bank accounts
- Coercing a senior into changing their Will or trust
- Misusing a Power of Attorney
- Pressuring a senior to “gift” property or valuables
- Forging signatures on financial documents
- Deceiving a senior through scams or false investments
- Overcharging for care or services
Elder financial abuse can be committed by strangers, professional caregivers, family members, or even fiduciaries like agents or trustees.
Warning Signs of Elder Financial Abuse
Financial abuse is often hidden or gradual, making it hard to detect. Family members, friends, and professionals should be alert to potential red flags, such as:
- Unexplained bank withdrawals or transfers
- Sudden changes in Wills, trusts, or beneficiary designations
- Isolation from family or advisors
- Missing property or valuables
- Unpaid bills despite adequate resources
- Large or frequent “gifts” to new acquaintances
- Unfamiliar names added to accounts or property titles
- Fear, confusion, or secrecy when asked about finances
If you suspect something is wrong, it’s important to act quickly. We can help investigate and take legal steps to protect your loved one.
Who Is Most at Risk?
While elder financial abuse can happen to anyone, certain factors increase vulnerability, including:
- Cognitive decline or early dementia
- Physical frailty or dependency on caregivers
- Social isolation
- Grief after the loss of a spouse
- Lack of familiarity with technology or finances
- Overly trusting personality or fear of confrontation
Perpetrators often take advantage of these vulnerabilities by gaining trust, exploiting authority, or using intimidation.
Legal Tools to Prevent Financial Exploitation
Advance planning is one of the best ways to guard against elder financial abuse. We help families in Westchester implement safeguards such as:
- Durable Power of Attorney with built-in limits and oversight
- Revocable living trusts with professional or co-trustees
- Gifting restrictions and asset transfer controls
- Regular financial reviews and third-party monitoring
- Legal provisions in estate documents that disinherit those who exploit or manipulate
Careful planning can reduce the risk of abuse and ensure that someone trustworthy is overseeing financial matters.
Taking Action if Abuse Occurs
If elder financial abuse is suspected or discovered, swift legal action is often necessary. We assist families and concerned individuals with:
- Petitioning to revoke or invalidate a Power of Attorney
- Freezing or recovering misappropriated assets
- Filing for guardianship to protect an incapacitated elder
- Suing for breach of fiduciary duty or conversion
- Working with Adult Protective Services (APS) or law enforcement
- Contesting changes to Wills or trusts made under duress
Our firm takes an aggressive yet respectful approach to confronting abuse while protecting the dignity of the victim.
Financial Abuse by Fiduciaries
Fiduciaries—such as agents under a Power of Attorney, trustees, or court-appointed guardians—have a legal duty to act in the elder’s best interest. Misusing that role for personal gain is both unethical and illegal.
We represent seniors and their families in claims involving:
- Self-dealing or misuse of estate funds
- Excessive compensation or gifts to fiduciaries
- Failure to keep records or account for transactions
- Unauthorized real estate transfers or property sales
We also defend well-meaning fiduciaries against false accusations, ensuring the facts are fully presented.
Frequently Asked Questions About Elder Financial Abuse
What should I do if I suspect someone is exploiting my elderly parent?
Start by documenting any suspicious activity, speak with your loved one if possible, and contact an experienced elder law attorney right away. We can help assess the situation and take protective legal steps.
Can a senior revoke a Power of Attorney if it’s being abused?
Yes, if they are still mentally competent. If not, guardianship may be necessary to remove or override the agent.
Is financial abuse a crime in New York?
Yes. In addition to civil liability, financial exploitation can lead to criminal charges. We can help you report abuse and pursue recovery.
Can I reverse changes made to a Will or trust under undue influence?
Possibly. If there is evidence that changes were made while the elder was not competent or was manipulated, legal action may be taken to challenge those changes.
Can banks or financial institutions help stop abuse?
Yes. New York law allows banks to delay suspicious transactions and report suspected elder financial exploitation. We can work with institutions to freeze accounts or recover funds.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
At Cavallo & Cavallo, we bring decades of experience in elder law, estate planning, and litigation to protect Westchester’s seniors from financial harm. Whether you’re planning ahead or responding to abuse in progress, we offer personalized legal support with skill and compassion.
Our services include:
- Drafting protective estate planning documents
- Investigating suspected abuse or financial irregularities
- Recovering stolen or misused assets
- Representing elders, family members, and fiduciaries
- Coordinating with law enforcement or Adult Protective Services
- Litigating undue influence or breach of duty claims
We are here to protect your loved one’s dignity, rights, and financial security.
Speak With a Westchester Elder Law Attorney
If you suspect elder financial abuse or want to prevent it through thoughtful planning, Cavallo & Cavallo is here to help. Contact us today to speak with an experienced Westchester elder law attorney and take steps to safeguard your family’s future.
