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According to North Dakota’s Vulnerable Adult Protection Services program, financial exploitation is the “use or receipt of services provided by the vulnerable adult without just compensation, the taking, acceptance, misappropriation, or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.”
Duty to ReportUnder section 50-25.2-03, if a person has a reasonable belief that an elderly adult is being exploited, they are required to make a report. This report needs to include the name of the possible victim and the nature of the alleged exploitation. If made in good faith, the person who makes the report is immune from civil or criminal liability. However, if a false report is made or false information is given, this constitutes a class B misdemeanor.
Protective ServicesIf it is determined that an elderly adult needs protective services, they will be given, as per section 50-25.3-06. If the person is unable to consent or a caregiver refuses, alternate arrangements will be made. This could include appointing a guardian or conservator or issuing a restraining order or other court order.
Legal RecourseSection 50-25.2-11.1 states that an adult who is the victim of financial exploitation “has a cause of action against any perpetrator and may recover damages for that exploitation.” This action can be brought by the elderly adult, his or her guardian or conservator, or anyone acting on the elderly adult’s behalf. If the perpetrator is found guilty of financial exploitation, the court shall award damages to the plaintiff. If the offense involved fraud or deception, exemplary damages may also be awarded.
If you are the victim of elder exploitation and are trying to get back lost funds, an experienced elder financial fraud attorney can help. For a free consultation, contact the Silver Law Group. We’ll talk to you about your rights and explain how we may be able to help you recover money. And because we work on contingency, you won’t owe us a fee unless we are successful. Call us toll-free at 1-800-975-4345 or send us a message through our online contact form.