Pennsylvania Elder Fraud Statutes
Pennsylvania’s Protective Services for Older Adults program defines exploitation as “an act or course of conduct by a caretaker or other person against an older adult or an older adult’s resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefits, gain or profit for the perpetrator or monetary or personal loss to the older adult.”Reporting Duties
When someone has cause to believe an elderly adult is being exploited and needs protective services, section 15.21 says they can report this to a local agency that provides these services. If an administrator or employee suspects exploitation or abuse, they are obligated to make a report, as per section 15.151.
The report has to include the names of the people involved and a description of the alleged abuse. The person who makes the report will be immune from civil liability if done in good faith. If someone who is required to make a report fails to do so, they have committed a summary offense. For any subsequent violations, they will be guilty of a misdemeanor of the third degree.Protective Services for Exploited Elderly Adults
When a report is made, an investigation will be conducted. If it is determined that an adult needs protective services, under section 15.44, a plan will be developed that recommends “actions which reflect the least restrictive alternatives for removing or reducing imminent risk to person or property and promote self-determination and continuity of care.” This plan could involve criminal or civil remedies.Victims of Elder Fraud Should Learn About Their Legal Rights
If you are the victim of financial fraud or exploitation, help is available. In addition to local authorities, you should think about contacting an attorney. With the assistance of an experienced elder financial fraud lawyer, you may be able to recover lost money.
To get information on your legal rights, get in touch with the Silver Law Group. You can call us toll-free at 1-800-975-4345 or reach out through our online contact form. The Silver Law Group works on contingency. Unless we successfully recover money for you, you will not owe us a fee.