The law creates an expedited process to prevent someone from financially exploiting a vulnerable adult.
MINNESOTA, USA — With the new year comes new laws in Minnesota, ranging from the workplace to farmers.
There’s also a new law centered around protecting vulnerable adults from financial exploitation.
“This is putting the power in the hands of the victim or trusted contacts that are close to them to help protect them,” Jill Sauber, a certified elder law attorney, said.
The law creates an expedited process by petitioning the court for an injunction.
“The court can order either an order for protection, injunctive relief, they can freeze assets,” she said. “They can do all of that very, very quickly, which is not really possible in those other ways that we approach these cases.”
Sauber says that would normally take longer, potentially involving an emergency conservatorship or protective order.
“Things that take days, even though it’s an emergency hearing, and in that amount of time, just a few days, is enough time for the transaction to take place, the money to go out the door, and then we have nothing to try to recover,” she said.
Sauber helped push for the law, based on a law in Florida. She says it also comes from her own work experience.
“I’m seeing more and more scams and exploitation in my practice,” she said. “I think at least anecdotally, we all have.”
State data from the Vulnerable Adult Protection Dashboard shows the number of allegations involving financial exploitation, whether fiduciary or not, increasing over the last several years.
This is meant for vulnerable adults over the age of 18, a group defined under state statutes.
“They require some care, either in a care facility, institution, group home,” Sauber said. “Or they have some sort of mental or physical infirmity that makes it hard for them to protect themselves, so they are vulnerable.”
Documents to file that petition are currently available on the Minnesota Courts website, and can be accessed here, at the bottom of the webpage.
“I think this is going to be a really important tool for people to step in on behalf of somebody they love or the victim themselves, and be able to take immediate action.”