New Mexico Elder Fraud Statutes
According to New Mexico’s Adult Protective Services Act, exploitation is defined as “an unjust or improper use of an adult’s money or property for another person’s profit or advantage, pecuniary or otherwise.”
Duty to report
Section 27-7-30 of the statute requires a report to be made if someone has reason to believe that an adult is being exploited. This report has to include information on the people involved and the nature of the possible exploitation.
If someone fails to make a report or impedes an investigation, this constitutes a misdemeanor that could result in a fine of up to $10,000. Section 27-7-31 states that unless someone “acted in bad faith or with a malicious purpose” in making a report, they will be immune from any criminal or civil liability.
In New Mexico, if an exploited adult needs protective services, he or she will get them, as per section 27-2-23 of the statute. If someone lacks consent or is incapacitated, these services may be ordered by a court. In addition, an ex parte order may be issued for emergency protective services.
New Mexico victim services
New Mexico has a special department devoted to helping abused or exploited adults and their families. The Victim Services Division aims to ensure the rights of victims are maintained throughout any sort of criminal or legal process. The ultimate goal of the department is to prevent victimization and reduce criminal behavior “through a holistic approach that includes education, outreach, harm reduction, and access to services.”
Don’t wait to take action
Victims of elder financial fraud or exploitation should contact local authorities as soon as possible. And while the courts may penalize the guilty party, often other measures will need to be taken in order to recover lost funds.
To speak to an elder financial fraud attorney about your options, get in touch with the Silver Law Group. We will give you a free consultation so you can make the best choices for you and your family. You can call us at 800-975-4345 or send us a message through our online contact form. Because we work on contingency, you won’t owe us any fee unless we are successful at recovering your money.
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