When an elderly loved one is financially exploited—especially within a nursing facility or care home—the emotional toll is immeasurable. The betrayal of trust, the loss of hard-earned funds, and the lasting impact on their well-being can devastate families. But what does it actually include?
In Colorado, such abuse doesn’t just raise ethical concerns; it opens legal avenues for justice through civil lawsuits and probate filings. Understanding the deadlines and steps involved in taking legal action is critical.
This guide explains elder financial abuse, the legal processes involved, and how to meet critical probate deadlines to file suit in Colorado.
What Is Elder Financial Abuse?
Financial abuse is one of the most common and underreported forms of elder abuse. It involves the illegal or improper use of a senior’s money, property, or assets.
This form of exploitation can occur at home or in a nursing home, and is often carried out by caregivers, staff, family members, or even professionals who have access to the elder’s finances.
Financial exploitation includes:
- Unauthorized withdrawals
- Changes to wills or trusts under duress
- Misuse of power of attorney
- Transferring property or funds without consent
- Coercing elders to sign financial documents
Before you look into the elder abuse laws, you should also learn about the warning signs of financial abuse.
Warning Signs of Financial Abuse
Families must stay alert to the following red flags:
- Unexplained withdrawals or large transfers
- Missing belongings or financial documents
- Sudden changes in banking behavior
- Isolation from other family members
- Fearfulness or confusion when discussing money
These are signs that an elder’s welfare may be at risk and require immediate action.
Mandatory Reporting in Colorado
Under Colorado law, many professionals are considered mandatory reporters. This includes:
- Social workers
- Medical care providers
- Nursing home staff
- Law enforcement officers
- Financial institutions
If they suspect elder abuse, they are legally required to report suspected elder abuse to Adult Protective Services (APS) or local law enforcement within 24 hours. Failure to do so may result in professional sanctions and even legal penalties under Colorado Revised Statutes § 18-6.5-108.
When a Loved One Has Tragically Passed
In some cases, victims may have already tragically passed before the abuse is uncovered. These situations are legally complex, especially when estate assets have already been distributed. Probate courts become the venue for asserting claims for financial exploitation, which makes understanding filing deadlines crucial.
Colorado law allows family members or a personal representative to pursue a claim on behalf of a deceased individual. This can include:
- Filing a claim in probate court
- Suing the abuser or their estate
- Seeking restitution of stolen or misused funds
Elder Financial Abuse in Colorado: Probate Deadlines to File Suit in Colorado
In Colorado, probate claims involving financial abuse must adhere to strict timelines:
- If the abuse is discovered after the elder’s death, claims must be filed within one year of the date of death under Colorado Revised Statutes § 15-12-803.
- If the alleged abuser is also a beneficiary of the estate, their share may be reduced or eliminated based on proven misconduct.
Failing to act within this statute of limitations can result in the permanent loss of your right to seek compensation. This is why engaging an experienced attorney early is essential.
Legal Avenues for Civil Action
Beyond probate claims, Colorado law also permits civil lawsuits for:
- Neglect or nursing home abuse
- Nursing home neglect resulting in financial harm
- Physical injuries caused by abuse
- Damages related to sexual abuse, isolation, or untreated infections
Such cases allow plaintiffs to recover:
- Economic damages (lost funds, assets)
- Non-economic damages (emotional distress, diminished dignity)
- Punitive damages, where intentional harm is proven
Civil suits can be brought while the elder is still alive or after they have passed, depending on the situation.
Role of Adult Protective Services (APS)
Adult Protective Services is a key agency in the fight against elder mistreatment. Once a complaint is made:
- APS will investigate claims of financial exploitation
- They may coordinate with local law enforcement
- APS can initiate legal intervention to stop further abuse
Filing a report with APS does not replace your right to legal action, but it can provide crucial documentation and trigger protective measures.
Nursing Home Abuse and Financial Exploitation
In nursing home settings, financial abuse is often accompanied by other forms of neglect or physical abuse. Warning signs include:
- Staff controlling the elder’s mail or bank visits
- Changes in mood or depression
- Untreated infections or poor hygiene (suggesting broader nursing home neglect)
In these situations, it’s not just the abuser who may be liable—nursing homes can be held accountable under state and federal laws for failing to protect residents.
Common Challenges Families Face
1. Lack of Evidence
Elderly individuals suffering from cognitive decline may not fully recall what happened. Still, courts consider:
- Patterns of transactions
- Documentation of access to funds
- Testimony from social workers, nurses, or visitors
2. Delayed Discovery
Often, financial exploitation goes unnoticed until months or even years later. Unfortunately, the statute of limitations does not pause for lack of awareness unless fraud can be proven.
3. Misuse of Legal Forms
Misuse of powers of attorney or forged documents can make legal recovery complex. However, Colorado courts will investigate whether the elder had full capacity and intent when signing such forms.
Legal Process and What to Expect During the Lawsuit
The legal process generally involves:
- Gathering evidence
- Filing a formal complaint in probate or civil court
- Serving notice to the accused
- Entering the discovery phase
- Attending mediation or proceeding to trial
An experienced attorney will walk you through the timelines and help manage court filings and deadlines.
Why Families Must Act Promptly
Waiting can result in:
- Loss of evidence
- Dissipation of funds
- Missed limitations to the file
Additionally, probate proceedings move quickly, and assets may already be distributed before your claim is filed. Injury attorneys specializing in elder financial abuse will know exactly how to act within the required window to preserve your legal standing.
What Kind of Compensation Can You Expect?
Successful lawsuits or probate claims can result in recovery of:
- Misappropriated funds or assets
- Medical care expenses incurred as a result of the abuse
- Compensation for pain and suffering
- Attorney’s fees and court costs
- Punitive damages in extreme cases of intentional harm
Helping Victims and Their Families
Families may feel guilty for not recognizing the signs sooner, but it’s never too late to seek justice. Whether your loved one is still alive or has passed, Colorado law allows for meaningful remedies.
Speak with an experienced attorney as soon as suspected elder abuse or financial exploitation is discovered. You may only have months to take action, and your voice may be the only one standing between the abuser and their next victim.
Take Action: When the Victim Can’t Speak
If the elder is incapacitated or deceased, family members may take action on their behalf. This includes:
- Filing court petitions
- Acting as personal representatives
- Engaging in legal discovery and proceedings
Colorado law recognizes the rights of families to protect their loved ones, even posthumously.
Contact Bourassa Law Group
If your loved one has suffered from financial exploitation, nursing home neglect, or other forms of elder abuse in Colorado, the Bourassa Law Group is here to help. Our team of experienced attorneys understands the complex mix of probate rules, civil litigation, and elder protection statutes.
We will guide you through the legal process, help recover stolen funds, and hold the responsible parties accountable. Whether your case involves immediate threats to safety or financial harm discovered after death, we offer compassionate and effective representation.
Contact us today for a free consultation. Don’t wait—your action can protect your family and preserve justice.
1-800-870-8910