Indiana Elder Fraud Statutes
Under Indiana Code Title 35 (§ 35-46-1-12) it is illegal for someone to “recklessly, knowingly, or intentionally exert unauthorized use of the personal services or the property of an endangered adult.” An endangered adult is defined as someone who lacks the capacity to manage or direct the management of their property or assets.
Duty to report
If someone believes an adult is being exploited, they have a duty to make a report. This could be to law enforcement or an adult protective services unit. And as long as a report is made in good faith, the person will be immune from any civil or criminal liability. However, if someone knows an endangered adult is being exploited and doesn’t make a report, this is considered a Class B misdemeanor.
Elder exploitation penalties
If a person exploits someone for their own profit, this is a Class A misdemeanor. However, if the value of the services or property involved is more than $10,000 or the endangered adult is at least 60 years old, this then becomes a Level 6 felony.
Victims of elder fraud shouldn’t wait for the law to get involved
If you feel as though you’ve been exploited and have lost money as a result, it’s important that you report this. In addition to telling the proper authorities, you should also take action to try to recover what was lost. Many victims of elder financial fraud have had success through litigation or the use of arbitration.
To get more information about potential legal recourse, contact the Silver Law Group. Our experienced elder fraud attorneys will evaluate your situation to determine the appropriate course of action. You can call us toll-free at 1-800-975-4345 or fill out our online form. The Silver Law Group is a contingency-based firm, which means you won’t have to pay us anything if we don’t recover damages for you.
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