Sadly, one of the more common forms of elder abuse in Chicago is financial exploitation. Elder financial abuse often occurs at the hands of unscrupulous family members and caregivers who take advantage of an elderly person’s physical or mental infirmity to misuse that person’s financial resources for their own gain. Unfortunately, elder financial abuse can also occur in nursing homes and other long-term care facilities, which are supposed to protect residents against such exploitation.
How Does Elder Financial Abuse Happen in Chicago?
Elder financial abuse involves the illegal, unauthorized, or improper use of a resident’s money or personal property for someone else’s benefit. In a nursing home setting, financial abuse is often committed by individual staff members who tend to abuse their close relationship with a resident. In many cases, the staff member may be stealing or extorting money from the resident in order to pay their own bills.
If you currently have a parent or other vulnerable relative in a nursing home or long-term care facility, you should keep an eye out for any signs of potential financial abuse. Here are some common “red flags”:
- The resident tells you that someone has been stealing money or property from them.
- The resident’s checkbook, bank debit card, or credit card is missing.
- There are unexplained withdrawals from the resident’s bank accounts–such as checks made out to “CASH”–or unexplained charges on their credit cards.
- There has been a sudden transfer of the resident’s money or property to someone who is not a family member.
- Some of the resident’s possessions have gone missing or were replaced with items of lesser value.
- The resident has unpaid bills, even though they should have sufficient funds in their checking account to pay them.
- While living in a nursing home, the resident makes a sudden or unexpected change to their estate planning documents, such as their will or power of attorney.
- The resident has recently signed complex financial documents that they do not understand, or that their own attorney has not explained to them.
- Someone has forged the resident’s signature on a financial transaction or legal form.
- The resident is anxious or unwilling to discuss their finances in front of other people.
- The resident has made large and unexpected financial gifts to nursing home staff.
- A nursing home staff member shows excessive and unusual interest in a resident’s finances.
What Should You Do If You Suspect Nursing Home Financial Abuse?
Not all cases of elder financial abuse in a nursing home setting start out with obvious signals. At first, you may only have a suspicion there is something wrong without any solid proof. So here are a few things you can do to look into potential signs of financial abuse:
- Take Notes: When you visit a family member in a nursing home, keep detailed written notes, including the date and time of your visit. This also goes for any telephone conversations and email exchanges you have with the resident or the nursing home. If you see or notice anything suspicious, make a note of it.
- Talk to the Staff: Speak with the nurses, attendants, and managers at the nursing home if you have suspicions. Make sure you take notes of any conversations you have, and ask them to keep records of anything they observe that might indicate financial abuse.
- Contact Adult Protective Services: Illinois Adult Protective Services is the state agency responsible for investigating reports of elder abuse. Additionally, the Illinois Department of Public Health maintains a complaint hotline (1-800-252-4343) specifically to report allegations of nursing home abuse. Keep in mind, a nursing home is legally required to report allegations of financial abuse of a resident when that person is not capable of reporting it themselves.
- Contact Law Enforcement: Financial abuse usually involves serious criminal acts, including theft, embezzlement, and forgery. It is therefore critical to notify local law enforcement of any potential acts of elder financial abuse occurring in a nursing home. The police and the local State’s Attorney can open a criminal investigation. Additionally, most nursing homes are regulated by Medicare and Medicaid, which can lead to federal authorities conducting their own investigation into a facility where financial abuse is taking place. State licensing agencies can also investigate staff members accused of financial abuse and potentially suspend or revoke their professional licenses.
- Get a Lawyer: Nursing homes will often try and “circle the wagons” when someone raises a complaint of financial abuse. You therefore cannot depend on the facility’s management to act in the resident’s best interests. The best thing that you can do in this situation is contact a qualified Chicago nursing home abuse lawyer who can provide independent professional legal advice and representation to the resident.
Can You Seek Compensation for Elder Financial Abuse in a Chicago Nursing Home?
Illinois law allows victims of elder financial abuse to take civil action against the nursing home and individual staff members who have stolen or misused the victim’s property. A court can issue an injunction to prevent further abuse, as well as order the offenders to pay restitution and other damages to the victim. Damages may cover not just the value of the financial losses, but also compensation for the resident’s emotional suffering, loss of trust, and other psychological damage sustained as a result of the financial abuse.
Contact a Chicago Nursing Home Abuse Lawyer Today
The best way to help a family member who has been the victim of elder financial abuse in a nursing home is to ensure they have experienced counsel with a proven track record of verdicts and settlements in these types of cases. The team at Kennedy Watkins LLC can assist you with investigating potential financial abuse by a nursing home, negotiating a potential settlement with the facility or its staff members, and if necessary taking civil action on your loved one’s behalf. So if you need to speak with a Chicago nursing home abuse lawyer today, contact Kennedy Watkins LLC to schedule a free consultation.