Rural areas of the United States, including some parts of southwestern Virginia, have an aging population due to decreasing birth rates and due to increasing numbers of young adults moving to the cities. Meanwhile, family ties remain strong, and many residents of southwestern Virginia act as caregivers to their elderly parents, grandparents, aunts, uncles, and siblings. Elderly people, regardless of tax bracket, are more vulnerable to financial abuse than the general population, especially if they are socially isolated or in poor health. Many states have laws criminalizing financial exploitation of the elderly, and Virginia law considers certain actions to fit the definition of theft if they cause an elderly person to lose money, even if these actions would not otherwise ordinarily count as theft. If your family members are accusing you of financially abusing an elderly relative, contact a Clintwood criminal defense lawyer.
Is it a Crime to Ask Your Elderly Parents for Money?
Virginia Code 18.2-178.1 defines the crime of financial exploitation of vulnerable adults as taking advantage of the physical or cognitive impairment of an elderly or disabled adult in order to deprive the victim of money or property. This can include deception, threats, or guilt trips to pressure the victim into giving you money. Virginia law considers taking money from seniors or other vulnerable adults to fall under the category of larceny. Therefore, the penalties for sweet talking your grandmother out of $1,000 (when, if she were in better health, she would know that she cannot afford to give you that much money) are the same as if you had stolen the money from Grandma’s purse, jewelry box, or wherever else she ordinarily keeps the money, without her knowledge or permission. The criminal penalties for larceny vary according to the value of the money or property stolen. In some cases, people charged with financial abuse of the elderly also get charges for other financial crimes, such as fraud.
Is it Financial Abuse or Just Sibling Rivalry?
A possible defense to charges of financial exploitation of the elderly is that you acted in good faith and attempted to use the money in the elderly person’s best interest. For example, if Grandma co-signed with you on a small business loan, and the business failed before you were able to repay the loan, you could argue that the business closed for reasons outside your control and that the lender reasonably agreed to give you the money. Likewise, it is often a contentious issue in families if an elderly family member gives money to certain younger family members. Your siblings might accuse you of financially abusing your parents because they are just jealous that your parents are more generous to you than to them, especially if you can prove that your parents’ trust that you will use the money they give you appropriately is well placed.
Contact Greg Baker Attorneys at Law PLLC About Allegations of Financial Abuse of the Elderly
The lawyers at Greg Baker Attorneys at Law PLLC serve the southwestern Virginia community in co-parenting cases and other areas of the law. Contact Greg Baker Attorneys at Law PLLC in Clintwood, Virginia, to set up a consultation.
Sources
https://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-178.1/