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Kansas Elder Fraud Statutes

There are two definitions to know about when it comes to elder fraud in Kansas: exploitation and fiduciary abuse.

Exploitation is defined as the “misappropriation of resident property or intentionally taking unfair advantage of an adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.”

Fiduciary abuse occurs when “any person who is the caretaker of, or who stands in a position of trust to, a resident, takes, secretes, or appropriates the resident’s money or property, to any use or purpose not in the due and lawful execution of such person’s trust.”

Duty to report

According to Kansas State Code 39-1402, anyone who believes an elderly person is being exploited has a duty to report their suspicions or findings to authorities. When made in good faith, this person will not be subject to any civil liability. If someone fails to make a report, they may be guilty of a class B misdemeanor.

Elder financial fraud penalties

Penalties for fraud are dependent on the value of the assets involved.

  • Less than $5,000 – class A misdemeanor
  • At least $1,000 but less than $25,000 – level 7 felony
  • At least $25,000 but less than $100,000 – level 5 felony
  • At least $250,000 but less than $1,000,000 – level 3 felony
  • $1,000,000 or more – level 2 felony

Why victims need to take action to recover lost money

People guilty of exploiting an elderly person for financial gain in Kansas can face severe charges, but that may not necessary help their victims. If you lost money due to illicit actions, it is important to take action right away. For assistance from experienced elder financial fraud attorneys, contact the Silver Law Group. Call us toll-free at 1-800-975-4345 or fill out this form.

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