When I moved from my daughters house, she locked away several things (dining room chairs, a cuckoo clock, a table, a dulcimer, a storage chest, and more) that belong to me, and when asked for these things, refused to let me have them. She claims they are hers, but they are not, and I have receipts for some of these items that show I bought them. I did not give them to her. She also has financially exploited my husband and me. I regard this as elder abuse. What can I do to get my things back and get her to give me money she has that is mine? An attorney has said go to small claims court, but she will lie about keeping my things and using my money to pay her bills, and I would not like to go to court. Can I put her on the adult abuse registry? Can I file criminal charges? She has been abusive to my 89 year old husband and to me. Please help.
Many states have established laws to protect seniors from fraud and elder abuse. There are four types of "Elder Abuse" that are universally accepted as defining the abuse of one's bio/psycho/social/financial well-being;
"Emotional Elder Abuse" is when one inflicts psychological/emotional, mental pain and distress through humiliating, intimidating, or threatening behavior.
"Financial Elder Abuse" is when one steals, misuses, misappropriates or conceals your funds, property, or your personal assets.
"Physical Elder Abuse" is when one inflicts physical pain or injury including hitting, slapping, bruising or restraining, either physically or through over-medicating or withholding medication.
"Neglectful Elder Abuse" is when one intentionally fails to provide basic needs; adequate food, shelter, healthcare, medication, social contact, personal care, or hygiene.
From what you shared with us, it sounds like you have sadly been the victims of both emotional and financial elder abuse. I pray that you haven't endured physical abuse as well.
"Financial elder abuse is a state issue: Every state has its own law and penalties on this subject. In California, for example, financial elder abuse is defined, under Welfare and Institutions Code section 15610.30, as when a “person or entity takes, secretes, appropriates or retains (or assists in the process) real or personal property of an elder to a wrongful use or with intent to defraud or both.”
Since it's clear you have access to a computer, please do a search for Elder Law Attorneys in your city. Be sure to check their credentials. Also, please go to an excellent website: eldercare.gov and see eldercare locator. Enter your zip code and it will assist you in seeking specialized services in your area. Eldercare.gov is a public service of the U.S. Administration on Aging. It will connect you to services for older adults and their families. To speak with a live person, call 1-800-677-1116.
If you've given your daughter POA or AIF, you can and should revoke it asap. I hope you can find the help you need and am so sorry that you and your husband have had to go through this.
But, Mishka is the wiser one here. You also don't want to burn your bridges where if you ever need your daughter, she won't help you. One thing is for sure, I wouldn't trust her with my stuff after this!