Trust Law Partners Blog

We understand how complicated it can be to navigate trust disputes. Our blog is designed to give you the information needed to better understand how to protect your interests as trustees.


Financial Elder Abuse: A Looming Crisis for the Probate Court System

As the baby boomer generation ages, there is a growing concern over the issue of financial elder abuse. This form of abuse involves the exploitation or manipulation of elderly individuals for financial gain, often at the hands of family members or caregivers. With the largest transfer of wealth through inheritance in the history of the world happening with the baby boomers, it is likely that the problem of financial elder abuse will only continue to grow in the coming years.

According to the National Center on Elder Abuse, financial exploitation is the most common form of elder abuse, with estimates suggesting that up to 10 percent of older Americans experience some form of financial abuse each year. This abuse can take many forms, including the theft of money or property, the forging of signatures, the misuse of power of attorney, and the manipulation of an elder’s will or estate plan.

One of the biggest challenges facing the legal system is the sheer volume of cases that are expected to arise in the coming years. With the baby boomer generation accounting for a significant portion of the U.S. population, the probate court system is likely to be overwhelmed by the number of cases involving financial elder abuse. This will require significant reforms to the court system in order to ensure that these cases are dealt with in a timely and effective manner.

One potential solution to this problem is the creation of specialized courts or divisions within the probate court system that are dedicated solely to cases of financial elder abuse. These courts could be staffed by judges and attorneys with specialized training and expertise in dealing with these types of cases. They could also be equipped with additional resources, such as forensic accountants and social workers, to assist in investigating and prosecuting cases of financial elder abuse.

Another possible reform is the expansion of alternative dispute resolution mechanisms, such as mediation or arbitration, as a way to resolve cases of financial elder abuse outside of the traditional court system. These mechanisms could be particularly useful in cases where the abuse is perpetrated by a family member or caregiver, as they may be better suited to finding a resolution that is acceptable to all parties involved.

Finally, there is a need for increased public education and awareness about the issue of financial elder abuse. Many seniors may be unaware of the potential for abuse, and may not know how to recognize or report it. By increasing awareness and educating seniors about their rights, we can help to prevent financial elder abuse before it occurs.

In conclusion, financial elder abuse is a growing problem that is likely to overwhelm the probate court system in the coming years. While there is no one-size-fits-all solution to this complex issue, reforms to the court system, increased public education and awareness, and the expansion of alternative dispute resolu-tion mechanisms are all important steps that can be taken to address this pressing issue.