Berk Law Group

Arizona Probate Litigation Attorneys

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Financial abuse is a growing threat to Arizona vulnerable adults.  According to Arizona Adult Protective Services’ reports, there were over 42,000 reports of abuse, neglect and/or exploitation in years 2023 and 2024.  Of those, over 25% involved allegations of financial misconduct.  Due to isolation, seclusion and embarrassment, incidents are likely undiscovered or undisclosed.  So these reports are likely understated and the incidents are likely much greater.

At Berk Law Group, we regularly handle cases after exploitation has occurred, working tirelessly to stop it and recover misappropriated funds and other assets through claims for financial exploitation under Arizona’s Adult Protective Services Act. However, prevention is key. Here are seven essential ways to protect vulnerable and incapacitated adults in Arizona from financial abuse and safeguard their finances and well-being.

1. Educate About Common Scams

Scammers often target vulnerable seniors through phone calls, emails, and even in-person interactions. Educating your loved ones about these threats is the first line of defense.

Key Tips:

  • Never share personal information over the phone.
  • Be skeptical of unsolicited calls and emails.
  • Use caller ID and block unknown numbers.
  • Confirm the identity of any purported family member urgently needing money.
  • Sign up for the National Do Not Call Registry.
  • Report scams to the FTC and local authorities.

2. Monitor Financial Accounts

Regularly monitoring financial activity can help detect unusual transactions early, preserve remedies with banks or credit card companies, and prevent exploitation.

How to Stay Vigilant:

  • Set up online banking with alerts any or large transactions.
  • Review bank and credit card statements regularly.
  • Check credit reports for unauthorized accounts.
  • Appoint a trusted contact person for financial accounts.

 3. Check for Recorded Deeds

Property fraud is a serious concern. Regular checks can help prevent unauthorized changes and protect a senior’s home.

Prevent Property Fraud:

  • Regularly check public property deed and tax records.
  • Sign up for property fraud alerts if available.
  • Consult an estate attorney if anything suspicious appears.

4. Establish a Power of Attorney

A Power of Attorney (POA) allows a trusted individual to manage finances responsibly, offering protection against fraud and abuse if the principal (grantor of the POA) is incapacitated and unable to manage their finances.

Best Practices for POA:

  • Work with an elder law attorney to draft a POA.
  • Choose a trustworthy, financially responsible agent.
  • Ensure the agent is educated and knowledgeable about fiduciary duties and proper practices, including accounting for all transactions and that the agent can’t benefit themselves or their family unless specifically and explicitly authorized in the POA.
  • Ensure the POA is properly executed and recognized by financial institutions.
  • Set up regular financial reporting to an independent third party.

5. Watch the Mail for Suspicious Activity

Fraudulent mail can be a gateway to financial scams. Regularly reviewing incoming mail helps spot potential threats.

Mail Safety Tips:

  • Review incoming mail for unusual bills or letters.
  • Set up paperless billing to reduce fraud risks.
  • Shred sensitive mail before disposing of it.

6. Foster Open Communication

Vulnerable adults may be embarrassed if they are a victim of financial exploitation or abuse.  They may be reluctant to report or discuss such activity.  However, open conversations about finances help identify concerns early. Isolation can be a red flag for potential exploitation.

Promote Transparency:

  • Encourage regular financial check-ins.
  • Watch for signs of sudden isolation or secrecy about finances.
  • Create a family communication plan to keep everyone informed.

7.  Seek Professional Guidance

Expert advice provides essential safeguards for financial security and estate protection.

Consult with Professionals:

  • Schedule appointments with an elder law attorney.
  • Consider estate planning tools like trusts and POAs.
  • Consult financial advisors to structure assets safely.
  • Consider appointing an independent licensed private fiduciary as agent, trustee or personal representative.

How Berk Law Group Can Help

At Berk Law Group, we specialize in stopping and vigorously pursuing claims to recover for financial abuse, as well as defending those wrongly accused of financial misconduct. If you have concerns about a loved one, contact us today—we’re here to help.

If You Suspect Financial Exploitation:

Financial safety is a collective responsibility. By staying informed and proactive, we can protect our loved ones from financial abuse. Share this information and take action today!