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Have you discovered that someone took advantage of your money or property, or of the assets of someone close to you? Financial exploitation can leave you feeling angry, confused, and unsure what to do next, but the law gives you ways to hold wrongdoers accountable and pursue financial compensation.
Civil litigation lawyer Christian Malone of Bristlecone Law represents vulnerable adults and their families in civil financial abuse cases. From his office in Bend, he serves people throughout Deschutes, Crook, and Jefferson Counties, including those in Bend, Redmond, Prineville, and Madras. Contact our law firm today to arrange an initial consultation with an elder abuse litigation attorney and discuss your case with our attentive team.
When someone takes advantage of an older adult’s money or property, the financial consequences can escalate quickly. Oregon law gives families legal pathways to address those consequences. Under state law, a vulnerable person or someone acting on behalf of a vulnerable person who experiences financial abuse can file a lawsuit to demand compensation and accountability.
Financial abuse claims focus on wrongful conduct involving the money, real estate, or other property of vulnerable persons. The law doesn’t limit cases to outright theft, though. It also covers situations in which someone misuses their authority, refuses to return property, or benefits from improper transfers.
Oregon law defines a “vulnerable person” broadly. The law automatically treats adults 65 or older as vulnerable persons for purposes of financial abuse claims. However, the law also covers adults under 65 who qualify as incapacitated or financially incapable. That can include individuals who struggle to manage their own resources due to cognitive decline, illness, or disability. These individuals may qualify even without existing guardianship or conservatorship orders.
Under Oregon law, a person commits financial abuse when they wrongfully take or appropriate money or property from a vulnerable person. The law also covers situations where someone fails to return money or property after the vulnerable person demands it. Financial abuse can include improper financial gain from coerced transfers or misuse of legal authority, like power of attorney, too.
In financial abuse cases, courts often begin by analyzing whether the taking of money or property was “wrongful.” Wrongful taking can involve improper means, such as deceit or undue influence, or an improper motive. The law also addresses cases where someone knew or should have known that their conduct would harm a vulnerable person financially.
Financial abuse of vulnerable people often occurs behind closed doors, and loved ones may not realize what’s happened until significant money or property has already changed hands. These cases frequently involve people in positions of trust who misuse access to accounts, legal documents, or personal information. The following examples show what elder financial abuse often looks like in real life:
Those who qualify as vulnerable persons and wish to file civil claims for financial abuse can do so themselves. However, if a vulnerable person can’t act on their own, a guardian, conservator, attorney-in-fact, trustee, or personal representative can bring a claim on their behalf.
The party that files the claim typically sues the person who directly committed the wrongful taking. In some situations, they can also sue a person who permitted the abuse by acting or failing to act when a reasonable person should have known it was occurring.
Parties who can be sued (defendants) in financial abuse cases can include caregivers, fiduciaries, family members, and any other parties who had control over or access to the vulnerable person’s property. A lawyer from Bristlecone Law can determine who to hold accountable in these cases by investigating the specifics of what happened and who played a role in the exploitation.
Oregon’s elder financial abuse laws give exploited persons and their loved ones powerful protections and ways to demand justice. If an affected party (plaintiff) successfully proves financial abuse, the court can award treble economic and non-economic damages. That means the judge can order the at-fault party to pay the plaintiff three times their losses, with a statutory minimum of $500 in compensation.
Oregon law also includes a “one-way” attorney fee provision for prevailing plaintiffs. This means that the court can require the defendant to pay any attorney fees the plaintiff incurred in filing their claim. However, the court cannot require a plaintiff who files a claim in good faith to pay a defendant’s legal fees if the claim is unsuccessful.
Additionally, Oregon judges have the authority to issue court orders to prevent further harm and protect a plaintiff’s assets while a case moves forward. For example, they can enter restraining orders or temporary injunctions that block transfers, freeze accounts, or prohibit further misuse of funds. In some situations, the court may even appoint a receiver to take control of the property at issue.
Oregon law imposes strict time limits on civil elder abuse claims. Plaintiffs usually have seven years to file, though the filing window doesn’t always start on the date of the first wrongful act. Under Oregon’s “discovery rule,” the filing window for financial abuse claims begins when the plaintiff discovers, or reasonably should discover, the financial abuse. This rule can make a huge difference in cases involving financial exploitation that stays hidden for months or even years.
Even with this extended timeframe, delays can complicate even the strongest claims. Bank records can disappear, witnesses can move, and memories can fade with time. This is why it’s best to seek guidance from a trusted law firm as soon as possible, so they can start preserving evidence and preparing a strong case while there’s still plenty of time.
If you know or suspect that someone has financially exploited you or a loved one, you’ll need more than suspicion to prove your case. You need admissible evidence that proves wrongful taking, improper motive, or misuse of authority. Civil litigation lawyer Christian Malone of Bristlecone Law knows what local courts require and prepares financial abuse cases around detailed financial and documentary proof.
Attorney Malone can review bank statements, wire transfers, credit card records, estate planning documents, and correspondence to identify inconsistencies or coercion. If the evidence suggests that capacity or undue influence plays a role, he can examine medical records, timelines of cognitive decline, and witness accounts. He works hard to trace the movement of funds to identify who controlled the money and who benefited. Then, he structures the evidence into a clear, chronological presentation that aligns with Oregon’s legal definition of financial abuse.
If someone has misused your or your loved one’s money, property, or legal authority for personal gain, you have the right to hold them responsible. Christian Malone of Bristlecone Law can help. He represents people throughout Deschutes, Jefferson, and Crook Counties, including those in Redmond, Bend, Madras, and Prineville, from his office in Bend. Contact Bristlecone Law now to arrange an initial consultation with Mr. Malone and learn how an elder abuse litigation lawyer can help.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
