Financial Exploitation | DSHS (2024)

The law defines [RCW 74.34.020(7)] financial exploitation as the illegal or improper use of the property, income, resources, or trust funds of the vulnerable adult by any person for any person’s profit or advantage other than for the vulnerable adult’s profit or advantage. Any incident originating prior to 7/22/2011 must apply the old definition above. Any incident originating on or after 7/22/2011 must apply the new definition below.

Effective 7/22/2011 (SSB 5042): “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the vulnerable adult’s profit or advantage. “Financial exploitation” includes, but is not limited to:

(a) the use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;

(b) the breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale or transfer of the property, income, resources or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or

(c) obtaining or using a vulnerable adult’s property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.

Examples of financial exploitation may include:

  • Statements that financial exploitation is occurring
  • Unexplained discrepancy between known income and standard of living
  • Signing documents without full understanding of consequences
  • Possessions are disappearing from household
  • Unexplained withdrawals from bank accounts
  • Sudden change in banking practice
  • Sudden, additional names on bank accounts
  • Unusual transactions
  • Unauthorized ATM withdrawals
  • Forged signatures on financial transactions
  • Missing checks
  • Destruction of financial documents
  • Bills are not being paid
  • Extraordinary interest by someone in the person’s financial situation
  • Sudden change of will
  • Sudden transfers of assets to others
  • Sudden change of where bank statements are sent

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Financial Exploitation | DSHS (2024)

FAQs

Financial Exploitation | DSHS? ›

Definitions. (l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain.

What is considered exploitation? ›

Exploitation is the deliberate maltreatment, manipulation or abuse of power and control over another person. It is taking advantage of another person or situation usually, but not always, for personal gain. Exploitation comes in many forms, including: slavery. being controlled by a person or a group.

Is exploitation a financial abuse? ›

Financial abuse can include: money being stolen or misused. fraud. exploiting someone's financial affairs.

What to do if someone is being financially exploited? ›

Find your local APS . If there is an urgent risk of harm to your loved one or someone else, you should call 911 right away. Otherwise, you can call the non-emergency number for your local police or Sheriff's office to file a report. Some state laws define elder financial abuse as a specific type of crime.

Who are the common perpetrators of financial exploitation? ›

Adult Children - Adult children are the most common perpetrators of financial exploitation of their parents or older family members and often have the best access to financial records and documents.

What does financial exploitation mean? ›

Definitions. (l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain.

What are the three types of exploitation? ›

It can take many forms including human trafficking, forced labour, sexual exploitation, criminal exploitation, debt bondage and domestic servitude.

What is a financial coercion? ›

It involves someone else controlling your spending or access to cash, assets and finances. This can leave you feeling isolated, lacking in confidence and trapped. Sometimes (but not always) financial abuse will be recognised by the police as coercive or controlling behaviour, which is also a criminal offence.

What is a financial material abuse? ›

'Financial or material abuse – including theft, fraud, internet scamming, coercion in relation to an adult's financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits. '

What is the most common type of exploitation? ›

Sexual exploitation and forced labour

The most common form of human trafficking detected by national authorities is trafficking for the purpose of sexual exploitation.

Is financial manipulation a crime? ›

There is no specific crime of “financial abuse” in California. In most cases, allegations of financial abuse are used either as supporting evidence for other domestic violence crimes or to justify the need for a restraining order against you.

What is a financial bully? ›

Bullying the person to give an account of every penny they spend, acting like they made useless purchases or spent too much every time they make a purchase is abusive. If you do this even when they buy groceries for the family or clothes for the kids is abuse.

Do banks report financial abuse? ›

Banks and financial institutions are mandated reporters under Welfare and institution Code §15630.1. Failure to report can lead to a $1,000 fine. Intentional failure to report can result in a $5,000 fine. There is no imprisonment or private right of actions against institution that fail to report financial abuse.

Who is more likely to be exploited financially? ›

Financial exploitation of older adults or adults with disabilities is very common. It means that a caretaker, family member, or person with an ongoing relationship with the vulnerable adult has used or attempted to use the adult's financial resources.

What are the red flags of financial exploitation by way of a power of attorney? ›

Sudden changes to legal or financial documents, or suddenly missing documents, are definite red flags. Documents could include estate documents, insurance policies, retirement accounts, etc. Making multiple unexplained trips to attorneys or financial advisers without notice is a warning sign.

What are signs of elder financial abuse? ›

Possible signs of elder financial abuse include:

Forgeries on legal documents or checks. Large bank withdrawals or transfers between accounts. Missing belongings or property. Mood changes (such as depression or anxiety)

What is a common example of exploitation? ›

The most common type of exploitation is financial. This means someone takes money, assets or allowances from a vulnerable person for their own use and without permission. Exploitation can also be someone who sells, transfers or changes property titles without the property owner knowing.

What is an example of being exploited? ›

Examples include cashing someone's checks without permission, forging someone's signature, misusing or stealing someone's money or possessions, and coercing or deceiving someone into signing any document.

What are the 5 stages of exploitation? ›

When a trafficker begins to prey on a new victim, there is a 5-stage approach they will take to "train" the victim. The 5-stages of human trafficking are luring, grooming and gaming, coercion and manipulation, exploitation, and lastly, recruitment.

What is considered exploiting? ›

to use someone or something unfairly for your own advantage: Laws exist to stop companies exploiting their employees.

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