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Elder Financial Abuse

Elder financial abuse is the exploitation of an investor aged 65 or older, or an adult with a disability, by a broker, adviser or someone with access to the account. Tracy Pride Stoneman represents investors in these claims in FINRA arbitration nationwide, from Westcliffe, Colorado.

By Tracy Pride Stoneman, securities arbitration attorney Updated

Older investors are disproportionately targeted by financial fraud and exploitation. Common schemes include the sale of unsuitable high-risk or illiquid products, excessive annuity switching, and outright theft. FINRA has specific rules designed to protect senior investors, and Ms. Stoneman has extensive experience recovering losses for elderly clients and their families.
Elder financial abuse through a brokerage account: the protections that exist and how a claim is proved
What happenedRule or lawHow it is proved
Exploitation of a senior or vulnerable customer the firm should have caughtFINRA Rule 2165 (temporary holds on suspicious disbursements); Rule 4512(a)(1)(F) (trusted contact person); Senior Safe Act of 2018; in Colorado, mandatory reporting under C.R.S. 18-6.5-108The trusted-contact form, hold records, internal escalation and suspicious-activity reports
Unsuitable annuity or illiquid product sold to a retireeFINRA Rule 2111; Rule 2330 (variable annuities)Surrender period against life expectancy; income needs against the product’s liquidity
Power of attorney or third-party control misusedFINRA Rule 3110 (supervision); state elder-abuse and fiduciary statutesThe power of attorney, who actually gave the orders, where the money went
Diminished capacity ignoredRule 2165; FINRA Regulatory Notice 17-11Contact notes, trusted-contact outreach, the pattern of trading after the customer’s decline

A FINRA panel can award compensatory damages (out-of-pocket losses or market-adjusted “well-managed account” damages), interest, costs, attorney’s fees where a statute or contract allows them, and punitive damages in egregious cases. Claims must be filed within six years of the events under FINRA Rule 12206, and shorter state statutes of limitation may also apply.

If any of this sounds like your account, the next step costs nothing: a free, honest evaluation. Tell me what happened or call (719) 783-0303.

Common questions

Elder Financial Abuse: what clients ask

What are the signs of elder financial abuse?

Sudden changes in investments or beneficiaries, unexplained withdrawals, new complex or illiquid products for someone who needs income and access to cash, and a broker or advisor who discourages family involvement.

What do FINRA rules require to protect seniors?

Firms must make reasonable efforts to get the name of a trusted contact person for customer accounts, and they may place temporary holds on disbursements when they suspect an investor 65 or older is being exploited.

Can a family member bring a claim?

A family member acting under a power of attorney, or as a guardian or executor, can often pursue a claim on the investor's behalf. The right approach depends on the investor's situation.

Your move

A free evaluation has no downside other than your time.

Tell me what happened. I will tell you honestly whether you have a case worth pursuing — and every way I can be paid, including contingency: nothing unless you recover.