When an aging parent or loved one begins to show signs of cognitive decline, families often find themselves walking a tightrope between respecting autonomy and preventing abuse. Financial exploitation is one of the most common — and devastating — threats facing vulnerable elders. If you suspect someone is taking advantage of your loved one, conservatorship and guardianship may be the legal tool that helps you intervene.
As an attorney who focuses on litigating contested guardianship and conservatorship cases, I have seen how complex and urgent these matters can become — especially when the exploitation is subtle, ongoing, and emotionally charged.
Common Signs of Financial Exploitation
- Sudden changes in spending habits or banking patterns
- Unexplained withdrawals or transfers of money
- Isolation from family and friends
- New “caregivers” or companions assuming control over finances
- Missing property, altered wills or trusts, or newly added joint accounts
In many cases, the vulnerable adult denies there’s a problem — especially if the person exploiting him or her has become emotionally or financially entwined in their life.
Legal Steps to Protect a Vulnerable Adult
Step 1: Involve Adult Protective Services (APS)
If you suspect abuse or exploitation, filing a report with Adult Protective Services (APS) is often the first step. APS will investigate, interview the protected person (if possible), and assess the risk of harm. APS findings may support — or complicate — a legal case.
Importantly, an APS report creates a paper trail and can trigger a protective response faster than court action alone. In some cases, APS may even refer the matter directly to the District Attorney if criminal behavior is suspected.
Step 2: Petition for Conservatorship and Guardianship
If APS determines that your loved one is vulnerable — or even if they do not — you can petition the court for guardianship (to protect the person) or conservatorship (to protect finances or the estate). These legal tools allow a responsible individual, often a family member, to make decisions and prevent further exploitation.
When a petition is filed, the court will usually appoint a neutral court visitor to investigate and report on:
- The protected person’s cognitive and physical condition
- Living arrangements
- Financial status
- Allegations of abuse or undue influence
- The suitability of the proposed guardian or conservator
The court visitor report is often critical evidence. Judges give considerable weight to the court visitor’s findings, especially when there is conflicting testimony from family members or opposing parties.
What to Expect in a Contested Hearing
In contested cases — where another party opposes the guardianship or denies any wrongdoing — litigation can be intense. Evidence may include:
- Testimony from medical providers, APS investigators, and the court visitor
- Financial records
- Witnesses who observed the elder’s interactions and behavior
Judges must balance the protected person’s right to autonomy with the need to protect him or her. This is not always easy. But when exploitation is clear and immediate, courts can act quickly to remove the bad actor and install protections for the vulnerable adult.
Why Legal Experience Matters
Contested conservatorship and guardianship cases require a deep understanding of elder law, courtroom litigation, and human dynamics. If you’re seeking to protect a loved one from financial exploitation, you need an attorney who understands how to:
- Leverage APS findings and court visitor reports
- Litigate complex, emotionally charged cases
- Protect the dignity of your loved one while advocating for strong legal safeguards
These cases are difficult — and worth doing right.
If you’re facing a situation like this, I invite you to contact my office. I’ve helped families just like yours stop exploitation and put lasting protections in place. The earlier you intervene, the better your chance of preserving your loved one’s finances and dignity.
