Financial exploitation of older adults is one of the fastest-growing forms of abuse in Massachusetts, and it is often committed by someone the victim trusts: an adult child with a power of attorney, a new “friend,” a caregiver with access to a checkbook, or a stranger running a scam over the phone. A Massachusetts elder abuse attorney helps families respond on two tracks at once: stopping the harm and protecting what is left, then using civil remedies to recover money and property and to undo transactions obtained through undue influence.
Michael Holmes of Holmes Law is admitted in Massachusetts and represents clients across the Commonwealth remotely. This page explains how Massachusetts defines elder abuse, who must report it and where, the criminal statutes that apply, the civil claims available in the Probate and Family Court and Superior Court, protective orders, and the deadlines that can cut off a claim. It is general information, not legal advice. If someone is in immediate danger, call 911. Related topics are on the Massachusetts elder law overview.
How Massachusetts Defines Elder Abuse
Massachusetts runs its Elder Protective Services program under G.L. c. 19A, §§ 14 through 26, with regulations at 651 CMR 5.00. For purposes of the program, an “elder” is a person 60 years of age or older. The program is overseen by the Executive Office of Aging & Independence (formerly the Executive Office of Elder Affairs) and carried out by designated local protective services agencies across the Commonwealth.
The protective services statute covers several kinds of harm:
- Physical, sexual and emotional abuse by a caregiver, family member or other person with whom the elder has an ongoing relationship.
- Caregiver neglect, where a caregiver fails to provide food, shelter, medical care, hygiene or supervision.
- Self-neglect, where an elder is unable or fails to meet his or her own essential needs.
- Financial exploitation, including the misuse or theft of an elder’s money, property or benefits, whether by someone with a relationship to the elder or by another person.
The program’s investigations focus on elders living in the community. Abuse of residents of nursing homes and other long-term care facilities is reported to the Department of Public Health under G.L. c. 111, § 72G. Abuse of adults with disabilities between 18 and 59 falls under the Disabled Persons Protection Commission, G.L. c. 19C. Knowing which agency has jurisdiction speeds up the response.
How to Report Elder Abuse in Massachusetts
Reports of suspected abuse, neglect, self-neglect or financial exploitation of an elder living in the community can be made to the statewide Elder Abuse Hotline at (800) 922-2275, which is answered 24 hours a day. Anyone can make a report. A reporter who acts in good faith is protected from liability, and the reporter’s identity is kept confidential.
After a report, the protective services agency screens it and, if it meets the statutory criteria, investigates, usually including a home visit. If abuse is substantiated, the agency offers services, which the elder can accept or refuse if he or she has capacity. If the elder appears to lack capacity to consent and is at risk of serious harm, the agency can seek court intervention, including a guardianship or conservatorship.
Mandated reporters
Under G.L. c. 19A, § 15, a long list of professionals must report suspected abuse of an elder, including physicians, physician assistants, nurses, dentists, psychologists, social workers, physical and occupational therapists, family counselors, police officers, probation officers, firefighters and emergency medical technicians, and certain home health, homemaker, council on aging and assisted living personnel. A mandated reporter who fails to report can be fined.
Financial institutions
Unlike some states, Massachusetts does not list bank tellers, financial advisers or other financial institution employees among its mandated reporters. They may report voluntarily, and the Commonwealth encourages them to do so; good-faith reporters receive immunity. Federal rules add further protection: the federal Senior Safe Act of 2018 provides immunity to trained employees of banks, credit unions and broker-dealers who report suspected exploitation in good faith, and FINRA rules allow brokerage firms to place a temporary hold on suspicious disbursements and to contact a customer’s designated “trusted contact person.” Naming a trusted contact on every investment account is one of the simplest protective steps an older adult can take.
Criminal Statutes
Several Massachusetts criminal statutes address elder abuse specifically:
- G.L. c. 265, § 13K makes it a crime to commit assault and battery on an elder (60 or older) or a person with a disability, and includes separate offenses for caretakers who commit abuse or who wantonly or recklessly permit bodily injury or abuse to the person in their care.
- G.L. c. 266, § 30(5) imposes enhanced penalties for larceny, including obtaining property by false pretences, from a person 60 or older or a person with a disability, and allows the court to order restitution.
- Larceny by false pretences, embezzlement, forgery and identity fraud statutes also apply to financial exploitation, as do federal mail and wire fraud statutes when scams cross state lines.
Local police and district attorneys prosecute these cases, and the Attorney General’s Office handles certain elder fraud and patient abuse matters. A criminal case can lead to restitution, but it is not a substitute for civil action: prosecutors decide whether to charge, the standard of proof is higher, and restitution may never be collected. Families who want the money back usually need to pursue their own remedies as well.
Civil Remedies for Financial Exploitation
A Massachusetts elder abuse attorney will look at the facts to identify every available claim. Common claims include:
Breach of fiduciary duty
An attorney-in-fact under a durable power of attorney, a trustee, a conservator and a guardian all owe fiduciary duties to the person they serve. An agent who uses the principal’s money for personal benefit, without clear authority in the document, may be liable for the losses. Massachusetts courts can order an accounting, surcharge the fiduciary, and impose a constructive trust on property traced to the misappropriated funds. If a conservator is appointed, the conservator can revoke the power of attorney and pursue the agent for an accounting. The Massachusetts incapacity and powers of attorney page explains the agent’s authority and the court’s role.
Conversion, fraud and unjust enrichment
Taking or keeping property that belongs to an elder can support claims for conversion, fraud, misrepresentation and unjust enrichment. These claims are often combined with a request for an injunction or attachment to prevent the property from being transferred while the case is pending.
Consumer protection under G.L. c. 93A
When exploitation arises in trade or commerce, such as a contractor who overcharges for unnecessary home repairs, a predatory lender, or an unscrupulous seller, Chapter 93A can provide relief for unfair or deceptive acts, including multiple damages for willful or knowing violations and attorney’s fees. Consumer claims generally require a written demand letter at least 30 days before suit.
Setting aside wills, deeds and gifts for undue influence or lack of capacity
Massachusetts courts have described undue influence as requiring proof that an unnatural disposition was made by a person susceptible to influence, where the influencer had the opportunity to exert influence and in fact used improper means. See Heinrich v. Silvernail, 23 Mass. App. Ct. 218 (1986). Where a fiduciary or confidential relationship exists and the fiduciary benefits from a lifetime gift, the burden can shift to the fiduciary to show that the transaction was fair. Deeds, gifts, changes to beneficiary designations and wills can all be challenged on these grounds, and on the ground that the elder lacked capacity when signing. Will contests proceed in the Probate and Family Court under the Massachusetts Uniform Probate Code.
Protective Orders
Massachusetts offers two civil protective order statutes that can help an elder being abused or harassed:
- G.L. c. 209A abuse prevention orders protect against family or household members, including adult children, grandchildren, spouses and others related by blood or marriage, and people who live or lived in the same household. An order can require the abuser to stop abuse, stay away, and in some cases leave the home.
- G.L. c. 258E harassment prevention orders are available against people outside those relationships, including a caregiver or neighbour, where there is a pattern of harassment as the statute defines it.
Orders are available from the District, Boston Municipal, Probate and Family, and Superior Courts, and emergency orders are available outside court hours through the police. Protective orders address safety; they do not return money, so they are usually one part of a larger response.
Immediate Steps to Stop Financial Exploitation
When exploitation is discovered, speed matters. Practical steps usually include:
- Revoking any power of attorney held by the suspected exploiter in writing, recording the revocation at the registry of deeds if the power was recorded, and notifying banks and brokerage firms.
- Executing new documents naming a trustworthy agent and health care agent, if the elder still has capacity.
- Freezing or restricting accounts, changing online credentials, placing credit freezes with the three credit bureaus, and asking financial institutions to preserve records.
- Reporting to the Elder Abuse Hotline and, where theft has occurred, to local police.
- Where the elder lacks capacity, petitioning the Probate and Family Court for a temporary conservator who can take control of assets quickly.
Creating a revocable trust with an independent co-trustee, or restructuring accounts so that no single person can move money without oversight, can help prevent a repeat. The Massachusetts revocable trust page explains how a trustee arrangement works.
Scams and Exploitation by Strangers
Not all exploitation comes from family. Older Massachusetts residents are frequent targets of impostor scams, in which a caller pretends to be a grandchild in trouble, a government agency, a utility, or a bank’s fraud department; romance scams that build a relationship over months before asking for money; investment and cryptocurrency schemes; and home repair fraud by door-to-door contractors. Scammers increasingly ask victims to withdraw cash, buy gift cards, wire money, or deposit funds into cryptocurrency kiosks, because those payments are difficult to trace or reverse.
When a scam is discovered, contact the bank or payment service immediately; some transfers can be stopped if the institution acts quickly. Report the scam to local police, to the Federal Trade Commission, and, for internet-based fraud, to the FBI’s Internet Crime Complaint Center. The Massachusetts Attorney General’s Office also takes consumer complaints and runs an elder hotline. Home improvement contractors in Massachusetts must generally be registered, and contracts for residential work carry specific written requirements, which can support a claim when a contractor takes advantage of an older homeowner.
Prevention matters as much as recovery. Simple measures such as a trusted contact on every financial account, transaction alerts sent to a family member, lower daily withdrawal limits, and a family rule that no one sends money in response to an unexpected call without first checking with someone else, can prevent most losses.
Deadlines and Limitations Periods
Civil claims in Massachusetts are subject to statutes of limitations. Most tort claims, including conversion and many fraud claims, must be brought within three years under G.L. c. 260, § 2A. Contract claims generally have six years under G.L. c. 260, § 2, and Chapter 93A claims have four years under G.L. c. 260, § 5A. Massachusetts applies a discovery rule in many cases, and G.L. c. 260, § 7 can toll some limitations periods while a person is incapacitated. Will contests and claims against an estate have their own, often much shorter, deadlines under the Massachusetts Uniform Probate Code. Because the timing rules are fact-specific and the consequences of missing them are severe, anyone who suspects exploitation should get advice promptly.
How Exploitation Affects MassHealth and Long-Term Care
Financial exploitation often surfaces when a family applies for MassHealth and discovers that money is missing. MassHealth treats unexplained transfers during the five-year lookback as potentially disqualifying, even when the applicant did not intend or approve them. Documenting the exploitation, pursuing recovery, and presenting the facts properly can make the difference between eligibility and a penalty period. The Massachusetts Medicaid planning page explains the transfer penalty rules.
Frequently Asked Questions
At what age is someone an “elder” under Massachusetts protective services law?
Sixty. Elder Protective Services under G.L. c. 19A covers people 60 and older living in the community. Different agencies handle nursing home residents and adults with disabilities under 60.
Are Massachusetts banks required to report elder financial exploitation?
Financial institution employees are not on the Massachusetts mandated reporter list, but they may report voluntarily and receive immunity for good-faith reports. Federal law also protects trained employees who report.
Can a family member be sued for misusing a power of attorney?
Yes. An attorney-in-fact is a fiduciary. The principal, or a conservator or personal representative acting for the principal, can seek an accounting, damages and the return of property.
How do I stop a caregiver from taking money from my parent?
If your parent has capacity, help him or her revoke any authority the caregiver holds, secure accounts, and report to the Elder Abuse Hotline. If your parent lacks capacity, a temporary conservatorship may be needed. Report theft to local police.
Can a will be challenged for undue influence in Massachusetts?
Yes, in the Probate and Family Court, but the timing rules are strict. Evidence typically includes the testator’s vulnerability, the influencer’s involvement in the will, and whether the result departed from prior plans.
How long do we have to bring a claim?
It depends on the claim. Many tort claims have three years, contract claims six, and Chapter 93A claims four, with possible discovery rule and incapacity tolling. Probate deadlines can be much shorter.
Speak With a Massachusetts Elder Abuse Attorney
If you suspect that a parent, spouse or other older adult is being exploited, Holmes Law can help you act quickly to protect assets, revoke misused authority, and evaluate civil claims to recover what was taken. Michael Holmes works with Massachusetts families remotely. Contact Holmes Law in Massachusetts to discuss your situation.