I want to have a serious talk with you today. It is a topic that makes us angry, but we have to talk about it. We are talking about people stealing from our seniors.
My partner Aline and I have been practicing law since 1982. That is more than 40 years. We have offices right here in Bullhead City, and we also have satellite offices in Kingman and Lake Havasu. We love this community. Mohave County is a wonderful place to retire. The weather is warm, the river is beautiful, and the people are kind.
But because we have so many retirees living here, we also have predators. These are people who want to trick seniors out of their hard-earned money.
It breaks my heart when I see a client come into my office who has worked hard their whole life, only to have their savings wiped out by a scammer or, even worse, a family member.
I am writing this guide to help you. I want you to know the signs. I want you to know what to do. I want you to know that our lawyers are here to fight for the dignity of our older neighbors.
Key Takeaways
- It’s Closer Than You Think: Most financial abuse is committed by family members, not strangers.
- Silence is the Enemy: Seniors often don’t report abuse because they are embarrassed or afraid of losing their independence.
- Sudden Changes Matter: Watch for new “best friends,” unpaid bills, or changes in wills.
- The Law is on Your Side: Arizona has strict laws to punish people who exploit vulnerable adults.
- We Can Help: Knochel Law Firm can help stop the abuse and try to get the money back.
What Exactly Is Elder Financial Abuse in Arizona?
Financial abuse happens when someone takes or uses an older person’s money or property without permission. It is theft. But it is often a quiet kind of theft. It isn’t always a robber breaking a window. Sometimes, it is a person with a smile and a pen.
In Arizona law, we call this “Financial Exploitation of a Vulnerable Adult.”
This can look like many things:
- Using a senior’s credit card to buy personal things.
- Forging a signature on a check.
- Tricking a senior into signing a deed to their house.
- Promising to take care of a senior in exchange for money, but never providing the care.
A Stat Few People Talk About: We often hear about the “Grandparent Scam” on the news. But did you know that strangers are not the biggest problem? According to data from the National Council on Aging, nearly 60% of elder abuse and neglect incidents are committed by a family member. Two-thirds of these perpetrators are adult children or spouses. That is a hard pill to swallow. It means the danger is often inside the house.
Why Are Seniors in Bullhead City Targets for Scams?
Bullhead City, Kingman, and Lake Havasu have a high population of older adults. Scammers know this. They look at our area like a gold mine.
Seniors are targets for a few reasons:
- They have assets: They often own their homes and have retirement savings.
- They are polite: The generation that is retired now was raised to be courteous. They have a hard time hanging up the phone on a stranger.
- They are lonely: Social isolation is a big problem. If a scammer calls and acts friendly, a lonely senior might keep talking just to have a connection.
The “Near Me” Trap: When seniors go online to find help, they might type in “handyman near me” or “best mechanic near me.” Predators create fake listings. They show up, ask for cash upfront for repairs, and then disappear. This is very common in the summer when AC units break down.
Who Are the Most Likely People to Commit Financial Abuse?
As I mentioned, it is often family. But let’s look closer at the two types of bad actors we see in our practice.
1. The “Trusted” Person
This is usually a family member, a caregiver, or a neighbor. They build trust slowly. They might start by picking up groceries. Then they ask for the debit card PIN “just to make it easier.” Soon, they are buying their own gas. Then they are paying their own phone bill. Before you know it, the bank account is empty.
Stat on Reporting: The New York State Elder Abuse Prevalence Study found that for every 1 case of elder abuse known to programs and agencies, 24 were unknown. That means in Arizona, thousands of cases are happening right now that nobody knows about. The victims are often too ashamed to admit their own son or daughter stole from them.
2. The Stranger Scammer
These are the people calling on the phone or sending emails.
- The Romance Scam: They meet on Facebook. The scammer says they are in love but need money for a plane ticket to come to Bullhead City. They never show up.
- The Government Imposter: They pretend to be the IRS or Social Security. They say, “You owe money, and if you don’t pay now, you will go to jail.”
- The Lottery Scam: “You won a million dollars! Just send us $500 for taxes to release the prize.”
What Are the Warning Signs of Financial Exploitation?
You have to be a detective. If you have parents or grandparents in Mohave County, you need to watch for these red flags.
The Bank Statements:
- Are there withdrawals from ATMs? (Most seniors don’t use ATMs).
- Are there checks written to “Cash”?
- Are there signatures that look shaky or just plain wrong?
The Lifestyle Changes:
- Is your dad suddenly unable to pay the electric bill, even though he has a good pension?
- Is there a new “best friend” who is much younger and always around?
- Is the caregiver driving a brand new car that they shouldn’t be able to afford?
The Legal Documents:
- Did your mom suddenly change her Will?
- Did she sign a Power of Attorney giving control to someone you don’t trust?
- is the deed to the house suddenly in someone else’s name?
Our lawyers at Knochel Law Firm have seen cases where a senior didn’t even know they had signed their house away until they tried to sell it. It is devastating.
How Can “Undue Influence” Be Used to Steal Money?
There is a legal term we use called “Undue Influence.” This is not the same as holding a gun to someone’s head. It is more subtle. It is psychological pressure.
Imagine an older woman in Kingman who relies on her nephew for rides to the doctor and the grocery store. The nephew starts saying things like:
“If you don’t give me money, I can’t drive you anymore. You’ll have to go to a nursing home.”
The fear of the nursing home is so strong that she gives him the money. She isn’t giving it freely; she is giving it because she is being manipulated.
In Arizona Estate Law, if we can prove undue influence, we can sometimes get gifts or changes to a Will overturned by a judge. But proving it takes experience. Since we have been doing this since 1982, our lawyers know what evidence to look for.
What Legal Tools Can Help Prevent Financial Abuse?
The best way to stop abuse is to stop it before it starts. This is where planning comes in. We practice Wills, Estates, and Probate, as well as Elder Law. We use specific tools to build a wall of protection around your money.
1. The Revocable Living Trust
A Trust is a great tool. You put your house and money into the Trust. You can be the boss of the Trust while you are able. If you get sick, a “Successor Trustee”—someone you picked ahead of time—steps in. This is safer than just adding a child’s name to a bank account. When you add a name to a bank account, that person can take all the money legally. With a Trust, they have to follow strict rules.
2. The Financial Power of Attorney (POA)
This document gives someone permission to pay your bills. But be careful! This is a powerful weapon. You should only give this to someone you trust 100%. Our lawyers can write a POA that has “guardrails.” For example, we can say the agent is required to send statements to another family member every month. This keeps them honest.
3. Lady Bird Deeds (Beneficiary Deeds)
In Arizona, we use Beneficiary Deeds. This says, “When I die, the house goes to my daughter.” This is better than putting the daughter on the title now. If she is on the title now and she gets sued or divorced, your house could be at risk. A Beneficiary Deed protects you while you are alive.
Click here to read more about our Estate Planning services
How Do I Report Elder Financial Abuse in Arizona?
If you think something is wrong, you must act. Do not wait. The money disappears fast.
Step 1: Call Adult Protective Services (APS) In Arizona, APS is the agency that investigates these claims. You can make a report online or by phone. You do not have to be 100% sure. If you suspect it, report it. They will send a social worker to check.
Step 2: Call the Police If theft has happened, it is a crime. Call the Bullhead City Police, the Kingman Police, or the Mohave County Sheriff. Sometimes police will say, “This is a civil matter, not criminal.” Do not give up. Ask for a report anyway.
Step 3: Call the Bank If you have the authority (like a POA), tell the bank immediately. Freeze the accounts. Stop the bleeding.
Step 4: Call a Lawyer This is where Knochel Law Firm comes in. We can file emergency paperwork in court.
Can We Get the Stolen Money Back?
This is the hard part. If the scammer is a stranger in another country, the money is usually gone. But if the abuser is a family member, a caregiver, or a neighbor here in Arizona, we might be able to help.
We can file a civil lawsuit for “Conversion” (theft) or “Breach of Fiduciary Duty.”
The Arizona “Remedies” Law: Arizona has a very strong law called A.R.S. § 46-456. If a person in a position of trust (like a power of attorney or a child) takes money from a vulnerable adult for their own benefit, the court can punish them severely. The court can make them pay back two times the amount they stole (double damages). They can also be forced to pay your legal fees.
Because we practice Civil Litigation and Elder Law, we know how to use this law to fight for you.
Why Should I Choose Knochel Law Firm to Help My Family?
When you are dealing with family money and family secrets, you need someone who is discreet, experienced, and tough.
Aline and I have built our lives here. We raised our firm in the desert. We are not a “mill” that churns out cases. We treat you like a person.
- We are Local: We know the judges in Kingman. We know the court clerks in Bullhead City.
- We are Diverse in Practice: Abuse cases are messy. They might involve criminal charges (we do Criminal Law). They might involve selling a house to pay back debt (we do Real Estate Law). They might involve a business (we do Business Law). We have the skills to handle all the moving parts under one roof.
- We are Experienced: 40+ years means we have heard every lie and seen every trick. It is hard to fool us.
We want to do what is best for your family. We want to protect your legacy.
Contact us today if you suspect abuse
How Can I Talk to My Parents About Money Without Upsetting Them?
This is a delicate conversation. Parents want to feel independent. They don’t want their kids telling them what to do.
Tips for the Talk:
- Don’t Scold: Do not say, “You shouldn’t have done that!”
- Share Stories: Say, “I read a blog by Keith Knochel about scams in Bullhead City. It’s scary what is happening. Have you seen anything like that?”
- Offer to Help, Don’t Take Over: Say, “Mom, I know doing the bills is a hassle. Would you like me to sit with you once a month and we can do them together?”
- Make it About the “Bad Guys”: Frame it as “We need to protect your money from the scammers,” not “I need to protect your money from you.”
What Should I Do If I Realize I Have Been Scammed?
First, do not be ashamed. These criminals are professionals. They use psychology to trick people. It happens to doctors, lawyers, and teachers. It can happen to anyone.
- Stop Talking to the Scammer: Hang up. Block the number.
- Secure Your Identity: Call the credit bureaus. Place a fraud alert on your file.
- Change Passwords: If they got into your computer, change your banking passwords immediately.
- Come See Us: Let us review your estate plan. We need to make sure the scammer doesn’t have a way to come back for more.
FAQ: Common Questions Asked to Lawyers in the Bullhead City Area
Here are 5 questions we hear often regarding elder financial issues in Arizona.
1. If my brother stole from my mom, will he go to jail?
Answer: He certainly could. Financial exploitation of a vulnerable adult is a felony in Arizona. However, the police and prosecutor decide on criminal charges, not us. But even if he doesn’t go to jail, our lawyers can sue him in civil court to force him to pay the money back. We can also ask the court to “disinherit” him, meaning he gets nothing from the Will later on.
2. Can the bank stop a transaction if they think it is a scam?
Answer: Yes. Arizona law allows banks to put a temporary hold on a transaction if they suspect financial exploitation of a vulnerable adult. They can hold it for up to 15 days to investigate. This is a great law that saves a lot of money. However, sometimes they miss it, which is why you must monitor the accounts.
3. My dad lives in Bullhead City but I live in another state. How can I monitor his accounts?
Answer: Technology helps. With your dad’s permission, you can get “view-only” access to his online banking. This lets you see the checks and charges without having the power to spend the money. It is a great way to keep an eye on things from afar. You can also set up alerts on his phone or yours for any transaction over a certain amount, like $100.
4. How much does it cost to hire a lawyer to fight elder abuse?
Answer: Every case is different. Sometimes, if there are assets to recover, the court can order the bad guy to pay your legal fees. In other cases, we have to charge hourly. During our consultation, we will be very honest about the costs. We do not want you to spend more on legal fees than the amount of money that was stolen. We will look for the best financial path for you.
5. Is a “Guardian” the same as a “Power of Attorney”?
Answer: No. A Power of Attorney is a private document you sign while you are healthy. A Guardian is appointed by a Judge in court after you are unable to make decisions. Guardianship is public, expensive, and takes time. We always prefer you to have a Power of Attorney in place before a crisis happens so you can avoid court.
External Resources for You
- Arizona Attorney General – Senior Scams – A great list of current scams happening in our state.
- Arizona Adult Protective Services (APS) – Where to report abuse online.
- National Center on Elder Abuse – Data and tips for families.
- Internet Crime Complaint Center (IC3) – Report online scams here.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Every situation is different. For specific advice regarding elder law or financial abuse, please contact Knochel Law Firm directly.
Knochel Law Firm Bullhead City | Kingman | Lake Havasu Since 1982 https://lawyersinarizona.com/
