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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21928
Experience:  Handle criminal matters in both state and federal courts.
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What is the statue of limitations for a charge of Financial

Customer Question

What is the statue of limitations for a charge of Financial abuse of the elderly? nhen does the statue of limitations actually start? Does it start when the last financial transaction occurred or when?
I know there are several questions, but I appreciate it.
Thanks.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

The statute of limitations would be 3 years for the felony. Should it be charged as a misdemeanor, it would be 1 year and six months. Though financial abuse of the elderly is a felony

Samuel-II :

It would be from the last transaction if that is when it became knowledge

Samuel-II :


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer :

No one has been charged nor formally accused of this yet. However, it is quite apparent since there is money missing from the and the nursing home bill has not been paid. So, would the statue of limitations start from the date of the last transaction then?

Samuel-II :

Yes

Samuel-II :

You are within the time frame from the date of discovery

Customer :

So if no one is charged withing 3 years of the last transaction, then the guardian could evade liability for the missing money? WOW. What an injustice.

Samuel-II :

I can only tell you what the law is. You may read it here

Samuel-II :

I do not write the laws, you understand. I only provide them for customers and try to be informative as to how they apply

Samuel-II :

I suggest you can bring the matter to the District Attorney directly

Samuel-II :

And see if there are any exceptions that might apply

Customer :

Can the nursing home try to personally sue the guardian for the money they owe the nursing home?

Samuel-II :

Yes. But they would need to prove that the guardian was negligent

Samuel-II :

and did not serve their care to the fullest under their duties and obligations. And that instead of paying the nursing home, the money was being spent by the guardian

Customer :

Which could involve/prove a criminal act was committed and then be charged. Wow!! This happened to my aunt and I want to make sure the guardian is still being held liable even if there has been a new one appointed.

Samuel-II :

I see

Samuel-II :

Well, I suggest you will want to contact the District Attorney and let them know what has happened

Samuel-II :

the DA is the only one who can make the determination as to the elements of crime for prosecution

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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