The term “exploitation” is defined under NRS 200.5092(2) as “wrongful use of an older person or his money or property to the advantage of another.” 1983 Nev.Stat., ch. 505, § 1, at 1359. Exploitation refers to actions involving the property or assets of an older person. Exploitation is now unlawful under separate provisions of NRS 200.509912 and is defined as:
any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older person's money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.
NRS 200.5092(2).
The Nevada Legislature intended the term “exploitation” to refer to the assets or property of an older person. It a crime to exploit the property of the older person even when no pain or suffering is involved.
Attorney for Exploitation of Older or Vulnerable Adults in Las Vegas, NV
If you were accused of the exploitation of the property of assets of an older person, then contact an experienced criminal defense attorney at Gallo Law Office today to discuss your case. Related charges can include the abuse or neglect of an elderly person in Las Vegas, NV. James Gallo represents clients charged with a variety of economic and financial crimes related to allegations of elder abuse throughout Clark County, Nevada, and the surrounding areas.
Call us for a free and confidential consultation today. Call (702) 385-3131.
Types of Financial Exploitation of the Elderly in Nevada
Under Nevada law, the financial exploitation of the elderly occurs when a person misuses or takes the assets of a person 60 year or older or a vulnerable adult for his/her own personal benefit. Financial exploitation frequently occurs without the explicit knowledge or consent of a senior or disabled adult. The act deprives the victim of vital financial resources for his/her personal needs.
The assets or financial resources can be taken by:
- deception;
- harassment;
- false pretenses;
- coercion;
- threats; or
- duress.
The crimes themselves can be classified as:
- Fraud which includes acts of dishonestly by persons entrusted to manage assets but instead inappropriately use assets for unintended uses. Fraud can include Ponzi-type financial schemes, unauthorized check-writing, falsification of records, and forgeries.
- Insurance sales of inappropriate products, such as a thirty-year annuity for a very elderly person or unauthorized trading of life insurance policies.
- Theft which can involve taking assets without the victim's knowledge, consent or authorization. Theft often includes taking personal property such as cash, medications, and valuables.
- Real Estate transactions that are unauthorized including inappropriate sales, transfers or changes to property title(s). The transaction may include invalid and unauthorized changes to estate documents.
Home improvement projects by building contractors or handymen who receive payment for repairs but fail to initiate or complete project or place an invalid lien against the victim's property.
The following types of suspension activities often trigger the reporting of elder abuse to the authorities. In many of these cases, the victim does not understand his or her current finances and offers improbable explanations to explain any of the following:
- property liens or foreclosure notices;
- giving-away money or an unusual increase in spending;
- unexplained changes to wills or other estate documents;
- unexplained disappearance of valuable objects, cash or financial statements;
- unpaid bills and debts despite adequate income
- having the utilities shut off including the telephone, garbage, water, electricity, or gas;
- checks written to “cash”; and
- unexplained oversight of finances surrendered to others.
Additional Resources
WISER's on Elder Financial Abuse - Produced for the National APS Resource Center, find eight easy to read and attractive briefs on elder financial abuse crimes. The information will help you and your loved ones stay financially protected.
What is Financial Exploitation of an Elderly Person?- Find information on financial exploitation of the elderly or vulnerable adult on the website of Adult Protective Services. APS is a social services program provided by municipalities nationwide serving seniors and adults with disabilities who are in need of assistance. In cases of abuse, neglect or exploitation, employees of APS work closely with a wide variety of allied professionals such as nurses physicians, first responders, law enforcement officers, paramedics, and elder law attorneys.