Trust Fund Fraud
Financial fraud against the elderly – a form of abuse or exploitation – occurs when a relationship based on trust is broken. This happens when someone:
- Knowingly deprives the victim of use of his or her benefits of personal funds – either through deception or intimidation
- Knows or reasonably should know that the elderly person lacks capacity to consent; and
- Commits a breach of fiduciary duty to an elderly person resulting in an unauthorized appropriation of funds or assets.
Trust and Estate Abuse
All registered brokers and firms are expected to follow best practices and ethics guidelines of the Financial Industry Regulatory Agency (FINRA), the investment industry’s self-regulatory organization.
FINRA regulations prohibit financial advisors and brokers from becoming overly involved in a client’s estate or trust. Such involvement includes:
- Being personally named as a beneficiary in a client’s will
- Using an elderly client’s assets for his or her own benefit (conversion)
- Improperly being assigned durable power of attorney
- Abusing durable power of attorney (if assigned)
- Failing to allocate funds as directed by a client’s instructions and wishes
It is important to understand that elderly or incapacitated victims of financial fraud have rights. If you or a loved one feel that you have been wronged due to elder fraud, abuse, or exploitation, you may be able to recover some or all of your losses with the help of an experienced attorney.
The attorneys at Silver Law Group are advocates for protecting the elderly and seeking justice for offenders in cases of elder financial fraud. We never charge for a consultation and are happy to talk privately about your unique situation. Contact us today to speak with an experienced securities arbitration attorney.