Once you suspect that someone is the victim of power of attorney abuse, then you should meet with a lawyer. To find referrals, first ask people that you know—friends, family members, or colleagues.If the agent committing the abuse is a family member, then don’t tip them off that you are looking for a lawyer. Accordingly, don’t ask them or any of their family members if they know an elder lawyer.;
, You can also get referrals from your local or state bar association. A bar association is a professional group of attorneys. Most provide referrals. You should call or visit the website.


To find your nearest bar association, you can type your city or state and “bar association referral” into a search engine. The American Bar Association also has links to bar associations at its website., Another good source of referrals is another attorney.You might have used a lawyer when buying a house, writing a will, or adopting a child. Ask this lawyer if he or she can recommend an elder lawyer.


If the elder used a lawyer to draft the power of attorney, then you should certainly reach out to that person.
 If you don’t have much money, then you can try to find legal help by visiting a local legal aid organization.Legal aid organizations are typically non-profits which provide free legal help to people in financial need.


You can find a legal aid organization by looking in your phonebook. Alternately, you could visit the Legal Services Corporation’s website at www.lsc.gov. Click on the link “Find Legal Help” at the top of the page and enter your address.
You might also want to stop into a law school, if any is nearby. Law schools often run legal clinics where students provide free legal help under the supervision of a faculty member.
 Once you have a list of lawyers, you should research them. Most lawyers now have websites you can visit. Look for the following:


Overall presentation. Check to see how professional the website looks. A sloppy website with grammatical errors or typos suggests that the lawyer might be careless.
Experience. Each lawyer’s website should explain a little bit about the attorney’s experience. Look for someone who has handled elder abuse issues.
Expertise. The website should also mention if the lawyer is a certified elder law specialist. Some states allow lawyers to become certified specialists in different fields. To qualify, the lawyer typically has to devote a certain percentage of their practice to elder law issues. They also must take continuing legal education classes in the field and pass a written exam., After you have a list of lawyers, you should schedule a consultation with at least three. During the consultation, you can ask the lawyers questions about their experience and also explain your current situation.


When you call the lawyer, ask how much the consultation will cost. Some lawyers offer free consultations. Others charge a small fee (typically less than $50). Consultations last 15-30 minutes, on average, so you should get organized., Take out whatever documents you think show abuse. You should put them in some kind of order for the lawyer to look at during the consultation. For example, you might gather:


The elder’s financial statements. If you have bank or credit card statements which show suspicious activity, you should show them to the lawyer.
Any notes you have taken when meeting with the elder. You want the lawyer to know why you suspect financial abuse.
 You will have an opportunity during the consultation to ask a few questions. You should draft them ahead of time and write them out on a notepad so that you don’t forget them. For example, you could ask the following:


If this abuse is taking place, how would you address it? Would you report it to the police? Sue the agent in court?
What is the likely outcome of this case?
What are your fees? Do you charge an hourly rate?Who else will work on the case? What are their billing rates?

, Arrive on time. Lawyers are usually busy, so you shouldn’t run late. Give yourself plenty of time to find parking.


If you are running late, then call the attorney’s office and tell the secretary. If you have to reschedule, then reschedule for a day and time when you won’t be busy.
When you arrive at the office, tell the receptionist or secretary your name and that you have an appointment with the lawyer.
 Once you have met with all of the lawyers, you should review the information they told you during the consultation. You need to make a decision about which lawyer to hire. Consider the following factors when choosing:How comfortable you feel with the attorney. You will be working closely with this lawyer, so you want someone you feel comfortable talking to and asking questions.
The lawyer’s skill. You will want someone who you think has the experience to investigate the elder abuse and handle any lawsuit.
The reasonableness of the fee. Although you shouldn’t necessarily hire the cheapest lawyer, you should feel comfortable paying the lawyer’s requested fee.
 Once you have made a choice, call the attorney and state that you want to hire them. You should also contact any other lawyer you met with and let them know that you have chosen a different attorney. You don’t need to give a reason.


The lawyer you hire should send you an engagement letter. Read this document closely. It is the agreement between you and the lawyer. An engagement letter explains what the lawyer’s obligations will be, what your obligations as the client are, and the fee arrangement.If you need something in the letter clarified, then call the lawyer. Once you agree with everything in the letter, sign it and return it to the attorney.
Keep a copy of the engagement letter for your own records.
 No two power of attorneys are alike. You should find a copy of the elder’s power of attorney and read it so that you can understand what powers it gave the agent. The elder might have a copy or another family member might have a copy. Ask if you can read it.Some power of attorney documents grant the agent only limited powers. For example, an elder might give the agent the power to sell real estate. In this situation, the agent cannot sell the elder’s vehicles or mobile home. The agent also can’t make purchases on the elder’s credit cards or withdraw money from the elder’s bank accounts.
Alternately, some power of attorney documents grant general powers.For example, an agent may have been granted power over all financial matters. In this situation, the agent manages all of the finances for the elder’s benefit.
 Every agent must keep an elder informed. This is one of an agent’s most important duties.If the agent is not keeping the elder up to date about what is happening financially, then the agent is violating their duty to the elder.


Try to visit the elder when the agent isn’t around. For example, you could volunteer to take the elder out for an afternoon. Or you could stop in and visit when you know the agent will be out.
If the agent has limited who may see the elder, then you should be suspicious. Often agents will try to keep the elder secluded out of fear that someone might discover the financial abuse.
Also try to talk with other family members. If you aren’t around the elder often, you might want to meet with family members who see the elder more regularly. They might have seen shady financial dealings.
 You should go through several months of bank statements to see how much money the agent is transferring in and out of the account. If you see large, unexplained transfers, then you should keep copies of the bank statements.


Also go through credit card statements and study what has been purchased. Pay attention to the stores where purchases have been made. Are these stores which sell products the elder would use? For example, if you see purchases at a lingerie store or at a sports equipment store, then you should be suspicious.
Look at statements for retirement accounts. Has the pattern of disbursements changed? For example, the elder might have received $500 a month from a retirement account. However, if you see a sudden increase to $1,000 or so, then you might want to ask the agent why the change was made.
 An agent cannot transfer an elder’s property into the agent’s name. The only exception is if the power of attorney document specifically states that the agent can.You should look to see if the agent has sold or transferred property.



Find the deed to the elder’s house. Look to see that it is still in the elder’s name. If it has been transferred to anyone else, including the agent, then make a copy of the deed.
Look to see if any vehicles are gone from the property. Ask the agent where they are. If they were sold, then you should see the proceeds deposited into the elder’s checking or savings account.
Ask people who you know.
Contact your state or local bar association.
Ask another lawyer.
Find legal aid organizations.
Research the lawyers.
Schedule consultations.
Gather relevant documents.
Draft a list of questions.
Meet for a consultation.
Pick the lawyer.
Call the lawyer.
Read the power of attorney document.
Talk to the elder.
Look at bank account statements.
Check the title to property.
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