Elder and Vulnerable Adult Financial Exploitation in Michigan

Financial exploitation of elders and vulnerable adults is a growing and particularly insidious crime in Michigan, preying on individuals who, due to age, disability, or mental incapacity, are unable to protect themselves.

These acts involve the illegal or improper use of a vulnerable adult’s funds, property, or assets for personal gain, often by those in a position of trust such as family members, caregivers, or even scam artists.

Recognizing the signs and understanding the legal protections in place is crucial to safeguarding this susceptible population from devastating financial ruin and emotional distress.

The vulnerability of elderly individuals and those with disabilities makes them prime targets for financial predators. These crimes can range from outright theft to more subtle forms of manipulation, such as convincing a vulnerable person to sign over property, change wills, or grant access to bank accounts.

The background of these specific laws in Michigan reflects a societal commitment to protect those who cannot fully protect themselves, recognizing that traditional fraud statutes may not fully capture the unique dynamics of power and trust often present in these cases. Michigan’s statutes aim to provide robust legal tools to prosecute offenders and seek justice for victims.

Here are key details and factual information regarding these offenses under Michigan Compiled Laws (MCL):

Vulnerable Adult Financial Exploitation (MCL 750.174a)

This critical statute directly addresses the financial exploitation of vulnerable adults. A “vulnerable adult” is defined as an individual 18 years of age or older who, because of age, developmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills required to live independently.

It is illegal to obtain or use, or attempt to obtain or use, a vulnerable adult’s money or property through fraud, deceit, misrepresentation, coercion, or unjust enrichment, knowing or having reason to know the person is a vulnerable adult, for direct or indirect personal benefit.

Penalties are value-dependent and severe:

• Less than $200: Misdemeanor, up to 93 days in jail, or a fine up to $500 or three times the value (whichever is greater).
• $200 to $1,000: Misdemeanor, up to 1 year in jail, or a fine up to $2,000 or three times the value.
• $1,000 to $20,000: Felony, up to 5 years in prison, or a fine up to $10,000 or three times the value.
• $20,000 to $50,000: Felony, up to 10 years in prison, or a fine up to $15,000 or three times the value.
• $50,000 to $100,000: Felony, up to 15 years in prison, or a fine up to $25,000 or three times the value.
• More than $100,000: Felony, up to 20 years in prison, or a fine up to $50,000 or three times the value.

Penalties can be enhanced for repeat offenders. The value of money or property from separate incidents over 12 months can be aggregated for higher charges.

Source: MCL 750.174a

Vulnerable Adult Abuse (MCL 750.145n)

While primarily addressing physical or mental harm, this statute is closely related because financial exploitation often occurs alongside or leads to other forms of abuse or neglect. A “caregiver” who intentionally or recklessly causes harm to a vulnerable adult can be prosecuted.

Source: MCL 750.145n

Reporting Requirements: Michigan law mandates that certain professionals (e.g., healthcare workers, social workers, law enforcement) report suspected elder or vulnerable adult abuse, including financial exploitation, to Adult Protective Services (APS). However, anyone can and should report suspected abuse.

Source: Michigan Legal Help – What Is Elder Abuse?

Resources and Contacts by County in Michigan

Statewide Adult Protective Services Hotline (24/7):

• Phone: (855) 444-3911

Oakland County:

• Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

• Prosecutor’s Office:

  • Phone: (248) 858-0656

  • Website: Oakland County Prosecutor

Macomb County:

• Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

• Prosecutor’s Office:

  • Phone: (586) 469-5350

  • Website: Macomb County Prosecutor

Wayne County:

• Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

• Prosecutor’s Office:

  • Phone: (313) 224-5777

  • Website: Wayne County Prosecutor

Livingston County:

• Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

• Prosecutor’s Office:

  • Phone: (517) 546-1850

  • Website: Livingston County Prosecutor

Washtenaw County:

• Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

• Prosecutor’s Office:

  • Phone: (734) 222-6620

  • Website: Washtenaw County Prosecutor

Komorn Law

Facing charges related to sextortion or sexploitation requires a deep understanding of complex digital evidence and Michigan’s evolving laws. Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law, from the district to federal court systems.

Attorney Michael Komorn and his team are known for their aggressive approach and mature understanding of the trial and appeals process, ensuring clients receive a robust defense. When you’re ready to hire a lawyer who hates to lose, call Komorn Law at (248) 357-2550.

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court