When a family places a loved one in a nursing home, they trust the facility to provide care and safety. However, financial exploitation can occur when a staff member or another person improperly uses a resident’s money or property. If you suspect this has happened to someone you care about, a Georgetown nursing home financial abuse lawyer can explain your options and discuss possible next steps. Evans Moore, LLC has experience handling these cases and can help you understand the legal process.
Understanding Nursing Home Financial Abuse in Georgetown
Nursing home financial abuse can occur when someone improperly or unlawfully uses a resident’s money, assets, or property. Under South Carolina law, a resident of a facility is considered a vulnerable adult, and the law addresses unauthorized use of a vulnerable adult’s funds, assets, property, power of attorney, guardianship, or conservatorship. The Omnibus Adult Protection Act (S.C. Code Ann. § 43-35-5) provides the legal framework for protecting vulnerable adults from financial exploitation in South Carolina. The South Carolina Department on Aging oversees programs that help protect older adults from these forms of mistreatment.
Common Types of Financial Exploitation
Financial abuse can take many forms. Some common examples include:
- Unauthorized withdrawals from a resident’s personal bank account
- Forged signatures on checks, legal documents, or financial agreements
- Misuse of power of attorney authority to access funds
- Billing for medical services or supplies that were never provided
- Theft of personal belongings, cash, or valuables from a resident’s room
- Coercing a resident to change their will, trust, or beneficiary designations
If you notice any of these signs, an attorney can help review the situation and determine whether legal action may be appropriate. The firm’s case results include examples of verdicts and settlements obtained for clients.
Warning Signs That a Loved One May Be a Victim
Financial abuse can leave warning signs. If you notice any of the following, it may be appropriate to look into the situation further:
- Unexplained missing money or unusual account activity
- Sudden changes to a will, trust, or life insurance beneficiary
- Unpaid nursing home bills even though the resident appears to have sufficient funds
- A resident being denied basic needs despite having financial resources
- New friends or staff members showing unusual interest in the resident’s finances
- Missing personal items or valuables from the resident’s room
Evans Moore, LLC can help you investigate these warning signs. Our legal team has experience uncovering financial exploitation in Georgetown nursing homes and pursuing claims against those responsible. Read what past clients have shared in our client testimonials. For additional guidance, the National Center on Elder Abuse provides resources for identifying and reporting financial exploitation.
Why Choose Evans Moore, LLC for a Nursing Home Financial Abuse Case
When you suspect financial abuse, you may need a legal team that can review the circumstances and investigate the available evidence. Families in Georgetown may turn to Evans Moore, LLC because:
- The firm handles nursing home abuse and negligence matters in South Carolina
- The firm has recovered more than $200 million in verdicts and settlements for injured victims
- The firm handles cases on a contingency-fee basis, with no upfront attorney fees unless it recovers compensation
- The firm represents clients in Georgetown and surrounding communities, including Pawleys Island
Our founding attorneys James B. Moore III and Scott C. Evans bring decades of combined experience to each case. James B. Moore III has been recognized by Super Lawyers and holds a Superb (10.0) Avvo rating, reflecting the firm’s commitment to client service. The firm’s profile is also listed on Lawyers.com and Martindale-Hubbell.
South Carolina Laws That Protect Residents from Financial Exploitation
South Carolina’s Bill of Rights for Residents of Long-Term Care Facilities permits residents or their representatives to manage the resident’s personal finances. If a facility has written authority to manage those finances, it must provide the resident with a quarterly account report. The law also requires facilities to provide security for personal possessions.
The South Carolina Code of Laws defines exploitation as the improper, unlawful, or unauthorized use of a vulnerable adult’s funds, assets, property, power of attorney, guardianship, or conservatorship for another person’s profit or advantage. Under the Omnibus Adult Protection Act, financial exploitation of a vulnerable adult is a felony offense punishable by up to five years in prison and fines of up to $5,000, with court-ordered restitution also available.
The deadline for filing a civil claim can depend on the facts and legal theory involved. A three-year deadline may apply in some cases under S.C. Code Ann. § 15-3-530, but the time to file can vary. Speaking with a lawyer promptly may help you understand which deadline applies and preserve available evidence. The South Carolina Long Term Care Ombudsman Program investigates or arranges investigations of noncriminal reports of abuse, neglect, and exploitation in most long-term care facilities. If there is reasonable suspicion of criminal conduct, it refers the report to the appropriate law-enforcement authority.
Compensation You May Recover in a Financial Abuse Lawsuit
If your loved one has experienced financial abuse, compensation may be available depending on the facts of the case and the evidence. While no financial recovery can undo the harm, a claim may seek to address losses connected to the alleged exploitation.
Types of compensation that may be available include:
- The value of stolen or misappropriated funds
- Legal fees and court costs, where permitted by law
- Punitive damages in cases involving intentional or egregious misconduct, when available
- Compensation for emotional distress or other non-economic harm, when supported by the claim
- Additional expenses incurred because of the alleged financial exploitation
Evans Moore, LLC can evaluate your case and help determine what types of compensation may be available based on the specific facts. Our team has a track record of holding nursing homes accountable for the harm they cause. The firm’s blog contains updates on recent verdicts and legal developments in nursing home cases.
How to Report Nursing Home Financial Abuse in Georgetown, SC
If you believe someone is financially abusing your loved one, prompt reporting and record preservation may help protect the resident and document what occurred. You may consider taking the following steps:
- Contact local law enforcement in Georgetown to report suspected theft, fraud, or other criminal conduct
- File a report with the South Carolina Long Term Care Ombudsman Program if the concern involves a qualifying long-term care facility
- Speak with a nursing home abuse lawyer about your legal options and potentially relevant evidence
- Preserve financial records, bank statements, canceled checks, and legal documents related to the suspected abuse
- Notify the nursing home administration in writing of your concerns and request a response
Evans Moore, LLC can guide you through the reporting process and help protect your loved one’s rights. For more information, visit our Georgetown personal injury page or contact us directly. Our team also handles related matters such as wrongful death claims when nursing home abuse leads to fatal outcomes. Additional resources are available through the firm’s news page, which covers recent legal developments affecting South Carolina families.
Frequently Asked Questions About Nursing Home Financial Abuse
What is considered nursing home financial abuse in South Carolina?
Nursing home financial abuse may include the unauthorized use of a resident’s money, property, or assets. Examples can include stealing cash, forging checks, misusing a power of attorney, or using undue influence to obtain money or property. South Carolina law treats certain intentional exploitation of a vulnerable adult as a criminal offense, and civil claims may also be available depending on the circumstances. The Omnibus Adult Protection Act defines and prohibits these actions.
How long do I have to file a nursing home financial abuse claim in South Carolina?
The deadline depends on the nature of the claim and other case-specific facts. A three-year deadline may apply to some civil claims under S.C. Code Ann. § 15-3-530, but exceptions or different rules may apply. If a deadline passes, it could affect your ability to bring a claim, so consider speaking with a lawyer soon after discovering possible abuse. The South Carolina Long Term Care Ombudsman website provides additional information about legal deadlines and reporting procedures.
What evidence do I need to prove financial abuse?
Potential evidence may include bank statements showing unauthorized transactions, canceled checks with signatures that do not appear to match the resident’s, power of attorney documents, witness statements, and records of unexplained transfers of money or property. A lawyer can review the available documents and discuss what other information may be relevant.
How much does it cost to hire a nursing home financial abuse lawyer?
Evans Moore, LLC handles nursing home financial abuse cases on a contingency-fee basis. This means you pay no upfront attorney fees. The firm receives payment only if it obtains compensation for you. Case costs and fee arrangements can vary, and the firm can explain the terms during a consultation. You can reach us through our contact page to schedule a time to talk.
Contact Evans Moore, LLC Today to Discuss Your Case
If you suspect a loved one is the victim of nursing home financial abuse, consider taking action promptly. Early action may help preserve records, report suspected misconduct, and assess available options.
Evans Moore, LLC offers free, no-obligation consultations to discuss your case. We can listen to your concerns, review the available facts, and explain your legal options in clear terms.
Call us today at (843) 995-5000 to speak with a member of our team. You can also visit our office in Georgetown, located at 121 Screven Street. We can discuss options for protecting your loved one and pursuing a claim where appropriate.
