Chapter 22 - § 22.9 • CONCLUSION

• Jurisdiction: Colorado

§ 22.9 • CONCLUSION

When presented with the financial exploitation of an elder, the attorney has a variety of ways to protect and obtain redress for the elder. Before the exploitation has been confirmed, the attorney may assist the client by reporting the alleged abuse. While an attorney is not a mandatory reporter of elder abuse under C.R.S. § 18-6.5-108, any person may report a crime to law enforcement and request that an investigation occur. Law enforcement will investigate when appropriate. If the victim is in danger either physically or financially, be sure to let law enforcement know and request that a criminal protection order be requested.

If an arrest is not imminent, a civil protection order may be pursued. Through a civil protection order to prevent emotional abuse, the victim can be free of further control by the perpetrator of the financial abuse. If the fiduciary is already in control of funds for the benefit of the elder, the attorney may seek to have the fiduciary's powers limited or have a successor fiduciary appointed on a temporary or permanent basis. Through civil suits or actions for the surcharge of the fiduciary, the attorney may...