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Maine Elder Fraud Statutes

Financial exploitation in Maine is “the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another’s profit or advantage.”

Reporting exploitation

When there is the suspicion of elderly exploitation, a person is required to make a report by phone and, in many cases, also one in writing. The report needs to include the names of all people involved and information about the abuse. When reported in good faith, the person will not be subjected to any civil liability.

Act To Protect Vulnerable Adults from Exploitation

In 2013, Maine enacted LD 527 for the purpose of providing protection to its elderly citizens. The bill added cognitive impairments – including dementia – into “the concept of being manifestly unable to make a reasonable judgment regarding conduct that constitutes a crime when considering consent as a defense.” In addition, Maine made it illegal for consent to be granted by undue influence, which means the “misuse or manipulation of a trusting relationship of a dependent person who has significant limitations and who is 60 years of age or older, an incapacitated adult or a dependent adult.”

Elder fraud penalties

LD 527 also increased the penalties for the exploitation of someone 60 or older if they are incapacitated or dependent. If the value of the property involved is more than $1,000 and less than $10,000, this is a Class C felony. If the value of the property is over $10,000, this is a Class B felony.

If you believe you were exploited by a broker or someone else you hired to handle your money, contact the Silver Law Group. With guidance from one of our experienced elder financial fraud attorneys, we may be able to help you recover lost money through litigation or arbitration. Call us at 800-975-4345 or just use our online form to get in touch.

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