Through Elder Law Issues
Elder Law is not a specific set of laws but rather legal claims and practices that can effectively prevent abuse or stop abuse for seniors.Schedule Your Free Consultation
What Is Elder Abuse?
Elder abuse can result from anyone anywhere. So, in that way its like any other abuse, fraud or exploitation of a person. Seniors however are more susceptible to abuse due to unknown diminished capacity, health issues, and inexperience with modern steps to protect themselves.
Elder abuse can take many forms that include:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial exploitation
- Healthcare fraud and abuse
In each of these cases, a senior or someone on their behalf can take legal action to prevent the abuse or stop it when it happens. Law enforcement and prosecutors may not always open a criminal case. The Department of Social Services may not step in unless there is clear physical abuse or neglect. Another public resource for help in South Carolina include the Lieutenant Governor’s Office on Aging providing regional Ombudsman to pursue claims of abuse, but they only act if a senior is abused while a resident at a nursing home.
Get A Free Consultation
We can provide a free consultation and in some case background work to make sure that our strategy is accurate and efficient. We can provide legal help in the courts or out of the courts. More important is that we can help quickly and effectively.
The court systems can provide prevention from abuse or stop it from happening. We can help pursue a claim for a senior or on their behalf to protect against abuse.
A senior can pursue a number of different types of relief that include:
- Civil actions to recover stolen money
- Evictions or trespass actions to remove unwanted people/relatives from your home
- Enforcing living trusts to protect assets
- Mental health services to ensure treatment for a vulnerable adult Restraining orders for abusive 3rd parties Social Security, Medicare, Medicaid, Veterans Affairs representation Enforcement of a living trust when the senior becomes incapacitated Guardianship or Conservatorships – Allowing someone with approval of the courts to a means of protecting someone’s health and finances
You Do Not Have To Involve The Courts
Many preventive strategies to avoid abuse do not involve the courts at all such as:
- Estate planning, wills, trusts
- Advanced directives – Healthcare Powers of Attorney, Living Wills, Durable Financial Powers of Attorney for you to designate a person to help you.
- Asset planning including proper budgeting, banking and accounting
- Budgeting/proper banking
Each case is unique and requires a unique strategy that accounts for the type of abuse, the fastest way to stop or prevent abuse, and the best way to protect the senior, their assets and the person who stepped in to try and help. Contact us today. Call 843-894-2377.
Here, at Hopkins Law Office, we focus on many aspects of probate and estate planning. Our work includes counsel and service for guardians, conservators, those thinking about helping someone who may be incapacitated and representation of a person that may be incapacitated. Because we have diverse experience we can provide help for guardians and conservators trying to deal with property and personal situations of their loved one. Please call with your questions or concerns or email us a brief description of your issue for evaluation. We are always available and are here to help.
We Are Here to Help
Contact Hopkins Law Firm, LLC, at 843-894-2377. If you would like more information about your specific case, you can meet with an attorney from our Pawleys Island team. We will listen to your story, let you know what we can do, and how we can help. You may also email us with a detailed description of your case and we will reach back out to you. We are your local attorneys and we are here to help.