Financial elder abuse is most often committed by people close to the elderly person, such as family members, professional caregivers, or volunteers.
Court Ruling on Elder Abuse
On March 27, 2024, the Court of First Instance of Curaçao issued a ruling in a case involving financial elder abuse. The case concerned a widower living alone who required 24-hour care provided by a professional caregiver.
In December 2021, the widower was declared not compos mentis (of unsound mind) by two medical specialists and his general practitioner. However, a different general practitioner stated that the widower was compos mentis.
The caregiver had access to the widower’s bank card and PIN code. In 2022, large sums of money were transferred and withdrawn from the widower’s account, all of which ended up benefiting the caregiver. The widower was later placed under guardianship, and the appointed guardian dismissed the caregiver.
➡ Unfortunately, the damage had already been done. The caregiver defended herself by arguing that her agreed-upon salary was insufficient, that the widower had consented to the transfers, and that he had gifted her a large sum of money. However, the Court did not accept these defenses, and the ruling did not disappoint.
➡ The Court ruled that the professional caregiver acted unlawfully towards the widower, causing total damages of €102,344.82. The caregiver was therefore ordered to pay compensation for these damages.
Prevention is Better Than Cure
This case illustrates how quickly significant damage can be caused by someone in close proximity to an elderly person. Implementing protective measures at an early stage could have made all the difference here, as the caregiver had free access to the widower’s finances for months. Such situations can and should be prevented.
Need Personalized Advice?
If you suspect elder abuse or have discovered that a loved one has been a victim of (financial) elder abuse, don’t hesitate to contact Rollings Legal. We specialize in civil law and offer expert guidance to support you professionally and effectively in these matters.
