Financial Elder Abuse in North Carolina
How to Spot It And What to Do Immediately
As our loved ones age, many of us find ourselves stepping into new roles: caregiver, advocate, or financial overseer. But what happens when someone we trust with a parent’s care or money turns out to be taking advantage of them? Financial elder abuse is one of the most underreported yet financially devastating forms of elder mistreatment. It often begins quietly, with a few questionable transactions or unexplained expenses and before long, a lifetime of savings can disappear.
A Story That Happens Far Too Often
Helen thought she was doing everything right. At 82, she still lived in her own home, got help from a part-time caregiver, and trusted her nephew David, her only nearby family member, to help with errands and pay the occasional bill. She never imagined that the same person she relied on would begin quietly draining her bank account, one “emergency” withdrawal at a time.
By the time Helen’s out-of-state daughter noticed unusual charges and confronted David, tens of thousands were gone. And Helen? She was too embarrassed, and too confused, to say much at all.
Unfortunately, Helen’s story is not unique. Financial elder abuse is a growing problem in North Carolina and across the U.S., and many families don’t realize what’s happening until it’s too late.
What Is Financial Elder Abuse?
Financial elder abuse occurs when someone illegally or improperly uses an older adult’s money, assets, or property. It can take many forms and may be committed by:
Family members
Caregivers
Neighbors or acquaintances
Financial advisors or insurance agents
Scammers posing as officials or tech support
Under North Carolina law, “exploitation” is defined as “the illegal or improper use of a disabled adult or that adult’s resources for another’s profit or advantage.” (NC Gen. Stat. § 108A-101(e)).
Unlike physical abuse, this kind of mistreatment often goes unnoticed—until serious damage has already been done.
Red Flags: Signs of Financial Elder Abuse
If you’re caring for, or simply checking in on, an aging loved one, it’s important to be alert to these warning signs:
Banking or Financial Changes
Large, frequent, or unexplained withdrawals
ATM use when the person rarely uses cash
Unusual credit card charges or new accounts
Bounced checks or insufficient funds
Legal or Document Irregularities
Sudden changes in a will or power of attorney
A new person being added to accounts or titles
Unexplained property transfers or reverse mortgages
Behavioral or Emotional Clues
Fear or nervousness around a particular person
Secrecy about finances or confusion about missing money
A decline in the ability to make financial decisions
Scams, Schemes, and Pressure Tactics
Calls from “the IRS,” tech support, or sweepstakes
Payments made via gift cards or wire transfers
Unexplained charitable donations
Real-Life Examples I See in My Practice
As an elder law attorney, I often work with families navigating these heartbreaking situations. Here are just a few examples:
The "Helpful" Relative
A niece takes on financial caregiving duties for her elderly aunt, then slowly starts writing herself checks, calling it a “caregiving allowance,” without legal documentation
The Online Romance
A widower in his 80s meets a woman online who claims to be stuck abroad. He wires over $20,000 to help her “get back to the U.S.” but only to discover it was a scam.
The Too-Good-to-Be-True Investment
A retiree cashes out her annuity to invest in a high-return opportunity pitched by a neighbor. The investment? Nonexistent. The money? Gone.
Each of these cases started small, and escalated because no one intervened soon enough.
What to Do Immediately If You Suspect Elder Financial Abuse
The most important thing you can do is act quickly and decisively. Here’s how:
1. Start a Gentle Conversation
Approach your loved one with compassion. Instead of accusing, ask questions like:
“I saw some large withdrawals on your account. Can we talk about those?”
Seniors who are being manipulated may feel embarrassed or fearful. Build trust by showing support, not judgment.
2. Gather Documentation
Print out bank statements, credit card reports, suspicious checks, or unusual emails or texts. This information will be helpful when talking to professionals or authorities.
3. Report the Abuse
In North Carolina, you can file reports with:
Adult Protective Services (APS): Contact your local Department of Social Services.
Find your local DSS here: https://www.ncdhhs.gov/divisions/social-services/adult-services/adult-protective-servicesLaw enforcement: If fraud or theft occurred, file a police report.
NC Department of Justice: https://ncdoj.gov/public-protection/protecting-seniors
4. Contact an Elder Law Attorney
An elder law attorney can help:
Freeze access to bank accounts or revoke abusive powers of attorney
File emergency guardianship petitions if needed
Protect remaining assets through legal tools like trusts
Refer you to appropriate financial or law enforcement authorities
You do not have to navigate this alone.
How Legal Planning Can Prevent Abuse Before It Happens
The best approach is to be proactive. At my firm, I help clients:
Create powers of attorney with carefully limited authority
Use revocable living trusts to shield assets
Establish oversight mechanisms (e.g., co-trustees, trust protectors)
Set up caregiving contracts that document legitimate expenses
Include safeguards in estate plans to avoid fraud or misuse
It’s far easier, and less painful, to prevent abuse than to undo it later.
You’re Not Overreacting. Your Concern Matters.
If something feels “off,” trust your instincts. Financial abuse often thrives in silence, and too many seniors suffer because no one steps in early.
Don’t wait until the damage is done. You can be the person who protects your parent, grandparent, or friend from a heartbreaking loss.
Need Help Protecting a Loved One?
At Mackintosh Law, PLLC, I work with families throughout North Carolina to stop financial elder abuse and put protection plans in place. Whether you’re concerned about a loved one today or want to build safeguards for tomorrow, I’m here to help.
Call (919) 336-4219 to schedule a free Discovery Call.
Visit www.thehappylawyernc.com
Serving Garner, Raleigh, and surrounding North Carolina communities
