Virginia Elder Fraud Statutes
Virginia has four main categories of financial exploitation:
• Larceny – The wrongful or fraudulent taking of personal goods of some intrinsic value, belonging to another, without his assent, and with the intention to deprive the owner thereof permanently.
• Larceny by trick – When a person obtains the property of another by making a false representation of a past event or an existing fact with the intent to defraud the owner of the property by causing the owner of the property to part with the property.
• Embezzlement – When someone wrongfully and fraudulently uses, disposes of, conceals or embezzles…personal property…which he shall have received for another or for his employer…or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another.
• False pretenses – This involves an intent to defraud, an actual fraud, use of false pretenses for the purpose of perpetrating the fraud, and accomplishment of the fraud by means of the false pretenses.
Section 63.2-1606 of Virginia’s Adult Services code says that certain people have to make a report if they suspect an elderly person is being exploited. These individuals include healthcare workers, law enforcement officers, and guardians or conservators. Non-mandated reporters can also make a report of they believe someone is the victim of exploitation.
This report needs to contain all pertinent information, including the names of the people involved and the nature of the exploitation. When made in good faith, the person making the report will be immune from any civil or criminal liability. Making a false report constitutes a Class 4 misdemeanor. In addition, if a person obligated to make a report fails to do so, they will be subjected to a fine of up to $500.
If an adult age 60 or older is found to be exploited, he or she can request protective services, as per section 63.2-1605. If this person lacks the capacity to consent to these services, they may be ordered by a court or a guardian or conservator. In some instances, an emergency order for protective services may be made.
People who have lost money due to fraud or exploitation may be able to recover it through litigation or arbitration. To learn about your legal rights from an experienced elder financial fraud attorney, contact the Silver Law Group. We work on contingency, which means you won’t owe us a fee unless we help you get back lost funds.
Call us at 800-975-4345 or just fill out our online form.
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