Elder Law & Abuse / Fraud Recovery
Elder law is a highly specialized area of the law that addresses the unique needs of elderly residents in this state. Because the area of the law is so specialized, it is important to find a highly qualified elder law attorney who can best represent you.
Elder law encompasses a wide variety of concerns and procedures and may include:
- Helping clients navigate guardianship matters and address circumstances where undue influence may be preventing an elderly person from making decisions in their own best interest;
- Pursuing personal injury and wrongful death claims related to physical, emotional, or sexual abuse of an elderly person by a caregiver or nursing home;
- Addressing the exploitation of an elderly individual for the personal or financial gain of another;
- Bringing a breach of fiduciary responsibility claim where fraud by money managers, financial advisers, stock brokers, or others has been uncovered; and
- Challenging a will through probate litigation where elder abuse, fraud, undue influence, or lack of capacity may have affected the last will and testament of a loved one.
In order to effectively represent an elderly client in any or all of these matters, a qualified elder law attorney should have experience in probate court and in adult guardianship matters, and should be well-versed in representing clients in both administrative and litigation matters.
Elder abuse is frequently under-reported and poorly understood. Although criminalized under New Mexico law, elder abuse continues to rise within the state. Nationally, almost one in ten elderly individuals have been victims of elder abuse, with one study finding that among elderly individuals with dementia, almost half (47%) had experienced mistreatment by their caregivers.
Elder abuse includes any act or omission resulting in harm to an elderly person. Thus, while elder abuse can include physical violence, it can also result from negligent behavior that harms an elderly person. Statutes also protect elderly persons from financial abuse resulting from the use of a person’s funds, assets, or property without their consent.
Helping Elderly Clients
If you or a loved one needs assistance with elderly law matters, including probate, wills and trusts, or personal injury claims, Mark Allen is here to help you. Similarly, if you believe that someone you care about is being victimized because they are elderly, the Mark Allen Law Office can help you to address this situation and seek relief. Elder abuse can be stopped when it is actively addressed and reported. To schedule a free consultation call our office at (505) 582-2873.