Submitted by kirksanderslaw on
It is happening more and more every day. People taking money from elderly people. Sometimes the cases involve a power of attorney ‘gifting’ money to themselves. Other times it’s a ‘friend’ of the elderly person who uses undue influence to receive ‘gifts’. Many times the victim is incompetent. Sometimes the victim isn’t and only becomes aware of the loss later.
The law in North Carolina is clear. Taking money improperly from a disabled or elderly adult is exploitation.
There are two statutes that address this. Here are excerpts from two North Carolina Statutes:
§ 14-112.2. Exploitation of an older adult or disabled adult
Older adult. -- A person 65 years of age or older
Disabled adult. -- A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated.
In either situation, 14-112.2 states: It is unlawful for a person:
(This applies to Power of Attorneys & Trustees) “(i) who stands in a position of trust and confidence with an older adult or disabled adult, or (ii) who has a business relationship with an older adult or disabled adult to knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the older adult or disabled adult.”
“It is unlawful for a person to knowingly, by deception or intimidation, obtain or use, endeavor to obtain or use, or conspire with another to obtain or use an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or benefit someone other than the older adult or disabled adult. This subsection shall not apply to a person acting within the scope of that person's lawful authority as the agent for the older adult or disabled adult.”
Depending on the amount taken, the violator’s acts are punishably criminally in North Carolina as Class F, G, or H level Felonies.
This is in addition to any civil lawsuit to collect the money taken.
The other statute is under N.C.G.S. Chapter 108A, this is titled “PROTECTION OF THE ABUSED, NEGLECTED OR EXPLOITED DISABLED ADULT ACT”. In this chapter, the word "exploitation" is defined as “the illegal or improper use of a disabled adult or his resources for another's profit or advantage.”
If you or someone you know has been made a victim of exploitation of an elderly or disabled adult, contact Kirk Sanders 336-724-4707 to assist in your civil lawsuit.
To start an investigation, contact Adult Protection Services. http://www.ncdhhs.gov/aging/adultsvcs/afs_aps.htm