Elder Financial Abuse Lawyers: Protecting Seniors from Scams

Elder financial abuse lawyers are becoming more and more necessary as financial exploitation targeting seniors continues to rise. Each year, an estimated $36 billion is lost due to various forms of elder financial abuse across the United States. This growing issue highlights a greater need for legal experts who can help victims and their families navigate complex legal challenges, seek justice, and recover stolen assets.

This blog provides insights into elder financial abuse cases, common scams, and steps senior citizens can take to protect themselves. Please note that this content is not legal advice, and the use of this information does not constitute a client-lawyer relationship.

What Is Financial Elder Abuse?

Financial elder abuse occurs when someone takes advantage of a seniors’s financial resources. Scams will often target elders through manipulation, fraud, or theft. Perpetrators can include caregivers, trusted advisors, family members, or even strangers. Financial elder abuse deprives seniors of their money or property, affecting their ability to maintain independence and financial security. In many cases, the abuser exploits an elderly person’s mental or physical vulnerabilities for personal financial gain.

family member helping elderly man place an online order with his credit card

Who Commits Financial Elder Abuse?

Seniors can be at risk of abuse, neglect, or financial exploitation, often at the hands of those they trust. In fact, statistics show that 34% of financial elder abuse cases involve family members, friends, or neighbors. Some of the most common perpetrators include:

  • Family members
  • Friends and neighbors
  • Caregivers
  • Health care providers
  • Financial institutions
  • Strangers or scammers

Eleven Financial Elder Abuse Scams to be Aware Of

Elder financial abuse lawyers are familiar with a variety of scams that target seniors. Below are some of the most frequent types of financial abuse schemes.

1. Email Phishing Attacks

Scammers often use phishing emails to trick an elder or dependent adult into revealing sensitive information. These emails can appear to be from reputable organizations but contain malware that allows criminals to access bank accounts and personal information. This can lead to identity theft and significant financial loss.

credit card and pen

2. Identity Theft

Identity theft involves using a senior’s personal information to open fraudulent accounts or apply for credit cards. Criminals may obtain bank account details, Social Security numbers, and other vital information to commit fraud.

3. Loan Scams

These scams often involve predatory lenders who pressure seniors into high-interest loans or real estate transactions, such as reverse mortgages. Seniors may find themselves in severe financial hardship, sometimes losing their homes.

4. Investment Scams

Investment scams promise high returns, luring seniors to invest their life savings in fraudulent ventures. These schemes are particularly harmful because they often deplete retirement funds.

5. Sweepstakes and Lottery Scams

A scammer convinces the victim they’ve won a lottery or prize but must first pay fees or taxes. This ruse can lead to financial loss, with no reward in return.

6. Home Repair Scams

Seniors are often targeted by individuals claiming to offer discounted home repairs. These scammers request advance payments but never complete the work.

Senior woman on the phone reading her credit card number to someone

7. Utility Company Scams

Fraudsters may impersonate utility company employees and threaten to disconnect services unless immediate payment is made. Victims are pressured to provide credit card information over the phone.

8. Grandchildren Scams

Scammers pretend to be a senior’s grandchild, claiming they need immediate financial help or access to personal property. These emotional appeals can lead to quick payments without proper verification.

9. Power of Attorney Scams

When someone is granted power of attorney, there is potential for abuse. The designated individual might misuse their authority to take control of a senior’s money or property for personal gain.

10. Bank Cards or Check Scams

If a family member or caretaker has access to a senior’s bank account, they may use bank cards or checks to make unauthorized purchases or withdrawals.

11. Threat of Violence Scams

Scammers may threaten physical harm to the elderly or imply they will withhold care unless they receive money. This is a particularly cruel form of elder abuse.

What are the Effects of Financial Elder Abuse?

The consequences of financial elder abuse are profound. Victims often experience:

  • Financial hardship, including loss of assets and real estate
  • Emotional effects like depression, fear, and distrust
  • Decreased quality of life due to an inability to afford necessities
  • Stress-related health issues

Why Do Senior Citizens Fall Victim to Financial Scams?

Many seniors are particularly vulnerable to financial scams due to isolation, diminished cognitive abilities, and limited technological awareness. Without open discussions about finances with trusted individuals or proper legal protections, such as a durable power of attorney, many older adults are exposed to exploitation. 

With the rising number of people 65 years of age or older, seniors are increasingly targeted. Scammers often exploit the fact that seniors want to maintain independence and dignity in their later years.

What are the Warning Signs of Elder Financial Abuse?

Recognizing the signs of elder financial abuse can help prevent further harm. Warning signs include:

  • Unexplained bank account withdrawals or transfers
  • Missing money or property
  • Suspicious changes to wills or power of attorney documents
  • Unpaid bills despite adequate financial resources
  • Isolation from family and friends
  • Sudden appearance of new “friends” or caregivers often accompanied by undue influence

If any of these signs are present, it’s essential to consult with an elder financial abuse lawyer or call an adult protective services agency who can investigate and take action.

Bank Statment paperwork

Steps Seniors Can Take to Safeguard Against Financial Elder Abuse

There are proactive measures seniors can take to protect themselves from financial abuse:

  1. Review Financial Documents Regularly: Seniors should check their bank account statements, credit card reports, and other financial documents for any unusual activity.
  2. Establish a Durable Power of Attorney: Appointing a trusted individual to manage financial affairs can help prevent unauthorized access to assets.
  3. Set Up Banking Alerts: Monitor accounts for unauthorized transactions and ensure immediate action if suspicious activity is detected.
  4. Consult Elder Financial Abuse Lawyers: Working with legal professionals can help secure assets and develop a comprehensive estate plan.
  5. Seek Help if Abused: If you suspect financial abuse, contact an elder financial abuse attorney immediately to discuss legal options.

How Elder Financial Abuse Lawyers Can Help Protect Seniors

Elder financial abuse attorneys specialize in cases involving exploitation and can offer crucial assistance, such as investigating abuse claims, gathering evidence, and protecting assets through legal measures like trusts and power of attorney. They also pursue civil lawsuits to recover stolen assets and prevent future exploitation.

In addition to these services, elder law attorneys provide comprehensive support for seniors, addressing a range of issues including elder financial exploitation, various types of fraud, and long-term care planning. These professionals can help with:

  • Medicaid and Medicare issues
  • Estate planning, including wills and trusts
  • Long-term care insurance claims
  • Protecting assets from being used to pay for unnecessary or inflated costs
  • Issues with nursing homes, including questions of patients’ rights and facility quality

Paths Law Firm Can Protect You From Financial Elder Abuse

At Paths Law Firm, we understand the unique challenges faced by seniors, and our elder financial abuse lawyers are dedicated to providing comprehensive legal support. Whether you are looking to prevent financial exploitation, need help with estate planning, or want to pursue justice after an incident of abuse, our team can help.

If you or a loved one is a victim of financial elder abuse, contact Paths Law Firm to schedule a consultation.

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Client Care Advisor

Amy L. Gonzales

Amy L. Gonzales

Client Care Advisor

Amy L. Gonzales

Amy is our Client Care Advisor and brings over 20 years of combined experience in healthcare and senior living. She has a passion for helping seniors and their families navigate the often-difficult next steps. Her role at Paths Law Firm includes assistance with placement services, for those needing senior living options, as well as client satisfaction and supporting the marketing efforts. She never tires of hearing the life stories of our clients and brings experience and compassion to wherever they are in their journey.
 
Amy attended the University of Missouri in Columbia, Missouri. She was the Director of Sales for a home IV therapy and home care company, an Executive Director for an independent living community, and spent a season as a licensed realtor for both Missouri and Kansas. She has also worked for several years in assisted living and memory care. She co-authored a book called The MyDucks Personal Organizer, which is a tool to help individuals manage their medical, legal, personal, and legacy information. She spent several years as a speaker throughout Kansas City helping to educate and motivate people to get their “ducks in a row”!
 
She is blessed to be married to her husband, Ed, and they have a blended family with 5 grown children. Much of their time is now spent caring for their golden retrievers, enjoying time with family, and traveling whenever possible.

Legal Assistant

Mia G. Santora

Mia G. Santora

Legal Assistant

Mia G. Santora

Mia plays a key role as our dedicated Legal Assistant, collaborating closely with our paralegals on estate planning document preparation. She also supports our attorneys to ensure top-notch service for all our clients. In addition to her legal responsibilities, Mia supports our marketing team with client relations and is the Paths Membership Program coordinator. With a strong background in Project Management, Mia has gained valuable experience from diverse professionals across the country, having lived in Florida and California before joining our team. She graduated with honors from the University of Missouri-Kansas City, earning a bachelor’s degree in political science with a minor in communications.
 
Mia is always eager to learn the intricacies of elder law and brings a positive attitude to her work. Outside of the office, she enjoys enriching her mind through reading and spending quality time with her two dogs.
 

Community Relations

Jeane M. Fracassa

Jeane M. Fracassa

Community Relations

Jeane M. Fracassa

Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

Administrative Assistant

Laura E. Messer

Laura E. Messer

Administrative Assistant

Laura E. Messer

Laura is the Law Firm’s marketing assistant, supporting all marketing tasks, including managing calendars, researching upcoming events, updating marketing software and spreadsheets, and partnering with organizations to maintain relationships that benefit Paths Law Firm’s clients.  Laura is also the law firm’s professional photographer as she provides the professional photographs for the headshots, organizations, events, and networking.

Laura has over 10 years of experience as a professional photographer.  She is also Adobe and Microsoft Certified.  She graduated from Columbia College, Columbia, Missouri with her Bachelor of Arts degree, Magna Cum Laude, in Behavioral Psychology (minors in Social Work and Criminal Justice), and her Photographic Craftsman degree from Professional Photographers of America. She is certified as a Qualified Mental Health Professional, Certified Gentle Teacher, Medicaid Billing Certified, Crisis Intervention Counselor, and a Missouri Notary.

Laura has been married more than 26 years and has a daughter and a son. She has four brothers, a niece, and a nephew. Her four spoiled pets that love her attention. A lot of Laura’s off time is spent taking photos and she is an internationally published photographer. Laura owns a studio on the historic Independence Square. 

Administrative Assistant

Holly D. Bramble

Holly D. Bramble

Administrative Assistant

Holly D. Bramble

Holly is our newest member of the administrative team. She is hardworking, has proven organizational skills and excellent communication skills. Holly has transitioned to the Estate Planning field from healthcare administration where she gained valuable knowledge that has contributed to her success here at Paths.

Holly enjoys spending time with loved ones, cheering for the Chiefs, and relaxing on the beach.

Administrative Assistant

Tressa L. Purdy

Tressa L. Purdy

Administrative Assistant

Tressa L. Purdy

Tressa has the important role of being a client’s initial point of contact as the law firm’s receptionist for all locations.  She also welcomes, assists, and cares for clients at the Lee’s Summit office. Additionally, she provides support in an administrative capacity for the attorneys, staff, and clients.  When you meet Tressa, the first quality many note is her readiness to be of assistance.

 

Tressa is a graduate of Park Hill High School with extensive administrative experience and executive level management. Tressa brings a stability and comfort to the law firm experience having worked in a variety of industries and having lived in six different major metropolitan cities.

 

Tressa has a daughter, two sons, and one grandchild.  In her free time, she enjoys her family and friends, loves being outdoors, gardening, bike riding and bird watching. Indoor hobbies include scrapbooking, painting cookies, and cheering on Chiefs football. She is a Kansas City native but enjoys traveling but is always happy to be back in her hometown.  

Attorney

Kathleen E. Overton

Kathleen E. Overton, Attorney

Attorney

Kathleen E. Overton

Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

 

After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

 

Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

Senior Paralegal

Terry L. Whitmash

Medicaid Paralegal

Tena K. Dooley

Terry brings a wealth of knowledge and versatility to her work having more than 35 years of experience as a paralegal, primarily in family law. She holds an Associate’s Degree and a Paralegal Certificate from Johnson County Community College. Her experience and education makes her an invaluable asset to our team.
 
Beyond her professional achievements, Terry is happily married and the proud parent of six children, as well as a devoted grandmother to nine wonderful grandchildren. In her personal time, she’s passionate about fitness, enjoying the challenges of boot camp workouts and the tranquility of hiking in the great outdoors. At home, she’s kept company by her husband and her lovable Boston Terrier, Jersey, who brings endless fun and energy to her life.

PARALEGAL & ACCOUNTANT

Sydney R. Morris

Sydney R. Morris

PARALEGAL & ACCOUNTANT

Sydney R. Morris

Sydney is the law firm’s internal accountant and one of their experienced paralegals having been with Paths Law Firm since 2017. She is a primary point of contact for estate planning and business planning.

Sydney graduated with honors from the University of Missouri Kansas City in 2022 with her Bachelor of Science Degree in Accounting. She is a Bloch Launchpad, Phi Theta Kappa, and National Honor Society alumni.

In her free time, Sydney enjoys spending time with her husband, reading, baking and going on long walks. 

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

Christy L. Phillips

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

Christy has three years of experience in elder law working for seniors and their families. She is currently the Senior Administrative Assistant and organizes the day to day functions of the office and makes sure everything runs smoothly. When asked why she loved what she does, Christy said at Paths Law Firm, she gets the opportunity to help clients in more ways than one. Her favorite parts of the job are getting to know the clients and helping them get their questions answered. 

Christy’s experience in the finance industry has been extremely beneficial to her role as the Senior Administrative Assistant. Christy has a special place in her heart for the elderly and attributes this to the relationship she had with her grandparents. 

Christy was raised in Ogden, Utah and moved to Independence, MO, when she was ten years old. She has been with her high school sweetheart for 25 years and they have two beautiful children together. Her daughter works in the medical industry, and her son currently attends High School and plays Baseball. When Christy is not working, she enjoys crafting and spending time with her family and friends.

Christy’s experience in the finance industry has been extremely beneficial to her role as Benefits Coordinator. There have been many influences that went into her decision to select the field of Elder Law. Christy has a special place in her heart for the elderly and attributes this to her relationship with her grandparents.

When asked why she loves what she does, Christy said that at Paths Elder law, she gets the opportunity to help clients in more ways than one. Her favorite part of her job is getting clients approved for Medicaid or VA benefits as it is a huge relief for them and their loved ones.

Christy was raised in Ogden, Utah, and moved to Independence, MO, when she was ten years old. She has two children that keep her busy and fill her life with joy! Christy’s daughter cheers for Avila University, and her son plays competitive baseball for the Bucks and races BMX locally for the Motorcycle Closeout Team.

When Christy is not working, she enjoys crafting and making homemade gifts for her loved ones and raising her kids to be healthy, happy, and positive humans.

 

Practice Areas

  • Medicaid Benefits
  • VA Benefits

 

Professionalc Memberships and Affiliations

  • Missouri Notary

FINANCIAL MANAGER

René A. Fracassa

René A. Fracassa

FINANCIAL MANAGER

René A. Fracassa

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

MARKETING MANAGER

Hilary R. Tichota

Hilary Tichota

MARKETING MANAGER

Hilary R. Tichota

Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer A. Bronson

Jennifer Bronson

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer A. Bronson

Jennifer is the Sr. Paralegal and Operations Manager at Paths Law Firm.  She oversees the firm’s probate department as well developing, implementing, and managing all the firm’s administrative processes having been with the law firm almost from the beginning.  She enjoys client contact as well as behind-the-scenes operations.

 

Jennifer began her legal career in 1990 as a legal secretary.  She has worked in small and medium sized firms, as well as court operations.  She has her Paralegal Certificate from Boston University, Law Office Management Certificate from University of Central Missouri, and she is a Master Financial Coach. 

 

Jennifer has two daughters, twin sons, and twin grandsons.  She spends as much time as she can with them.  She enjoys reading, listening to podcasts, and tending her yard. 

ATTORNEY

Russell A. Fracassa (Rusty)

Attorney Russell A. Fracassa

ATTORNEY

Russell A. Fracassa (Rusty)

When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

Practice Areas

  • Wills and Trusts
  • Estate Planning
  • Asset Protection
  • Medicaid Benefits
  • VA Benefits
  • Probate
  • Guardianship and Conservatorships
  • Education

 

BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

  • Rockhurst University
  • Liberty University
  • University of Missouri – Kansas City


Admissions to Practice

  • Missouri


Professional Memberships and Affiliations

  • State Bar of Missouri
  • National Academy of Elder Law Attorneys (long-time Member)
  • Elder Counsel (Charter and Ongoing Member)
  • Missouri Association of Trial Attorneys (Past Member)
  • Kansas City Metropolitan Bar Association
  • Missouri State Bar Committees – Elder Law, Estate Planning, Probate