Case Explained: New Minnesota Law Bolsters Legal Options When Older Adults are Scammed – Legal Perspective

A new Minnesota law aims to give vulnerable adults more legal protections when they’re being scammed or when someone they know is exploiting them financially.

On January 1st, a law change took effect that broadens the pathway for older adults, or someone on their behalf, to request an order of protection in these situations.

Amanda Vickstrom, executive director of the Minnesota Elder Justice Center, said the remedy provides greater legal clarity in cutting off contact with the suspected perpetrator and ensuring they can’t access certain assets.

“And it really helps being able to stop when there’s a scam sooner,” said Vickstrom. “So, the freezes on the account will allow the courts, frankly, to step in – and the banks to step in – and stop when they didn’t have the authority to do that in the past.”

Vickstrom said this helps when a vulnerable adult is taken advantage of through common online or phone scams. But it also gets to the heart of a form of elder abuse, when a person’s finances are illegally accessed and misused by a family member or trusted advisor.

In an analysis from the Minnesota State Bar Association, the nation saw an estimated $27 billion in losses last year related to elder financial exploitation.

Vickstrom said her team often sees these financial crimes intersecting with other instances of elder abuse.

“Someone will emotionally abuse or manipulate an older adult – really to get at the financial resources that an older adult might have,” said Vickstrom. “They may own their home, they may have that Social Security check coming in. They may have resources that others don’t have.”

According to the Cleveland Clinic, financial exploitation is now the most common form of reported maltreatment of older Americans. In 2020, Minnesota adopted a separate law that provides immunity to financial professionals who report a suspected financial crime targeting a vulnerable adult.