2025 Maryland SAFE Act Lawyer – Stop Financial Abuse
When elder financial abuse occurs or a vulnerable adult is taken advantage of financially in Maryland , Whitney, LLP’s Maryland SAFE Act lawyers can help fight back. The Maryland SAFE Act (Statute Against Financial Exploitation) is a recent Maryland law designed to protect older adults 68 and over, and vulnerable adults, from financial abuse. As discussed in the examples below, Whitney, LLP’s Maryland SAFE Act attorneys have represented clients in multiple SAFE Act claims.
It is a fact of life that our society includes predators who take advantage of, cheat and steal from the most helpless and vulnerable among us. When these predators take financial advantage of the elderly and vulnerable, Maryland’s SAFE Act provides the tools to fight back against elder financial abuse and recover economic losses, as well as additional compensation. Due to the definition of financial exploitation in the SAFE Act being defined broadly, this law can be applied to many situations.
As explained below, the SAFE Act not only allows victims and their families and representatives to recover money that was taken, but three-times that amount, as well as recovering attorney’s fees.
Contact Whitney, LLP for a Free Maryland SAFE Act Case Evaluation at 410 583 8000, or use our Quick Contact Form.
Watch our YouTube Channel to learn about some of the other cases we handle and some of our results.
We Offer Free SAFE Act Elder Abuse Case Evaluations. We represent clients across Maryland.
Maryland’s SAFE Act is designed to protect the elderly and vulnerable from financial abuse and exploitation.
Whitney, LLP’s Maryland SAFE Act Lawyers
Examples of SAFE Act Cases We’ve Handled
Whitney, LLP’s Maryland SAFE Act lawyers have experience bringing SAFE Act lawsuits and claims in a variety of situations involving elder financial abuse, including but not limited to:
- Neighbors of an 89-year-old woman took advantage of her after they befriended her and tricked her into writing checks totaling over $40,000 over a two-year period, after her partner died and she began living alone. Her children discovered the theft after a check to pay the cleaning lady was returned for insufficiency funds;
- An awning sales and installation company took advantage of a 90-year-old woman living alone and charged her an excessive amount for an awning that was not installed incorrectly. They ignored calls to come and correct the installation. The improperly installed awning was then destroyed and ripped off the back wall of her house in a storm with high winds.
- A car dealer cheated a 70-year-old woman by refusing to allow her to pay the advertised price of a new Toyota, and insisting that she pay $5,000 more due to the truck being “the last one.”
- A car dealer allowed the grandson of an 83-year-old woman with dementia to use his grandmother as a cosigner and provide a contract with her supposed signatures and initials on it without her ever coming to the dealership in-person. When one of the grandmother’s children discovered a loan had been taken and spoke with the grandmother about it, the grandmother had no idea.
If you, a loved one, or someone you know in Maryland has or is experiencing elder financial abuse or being taken advantage of financially, it is important to know they have legal rights and can fight back.
Whitney, LLP’s SAFE Act lawyers represent clients across Maryland, including across Maryland, including Baltimore, Columbia, Laurel, Germantown, Frederick, Laurel, Waldorf, Silver Spring, Ellicott City, Glen Burnie, Rockville and Ocean City.
What Is the Maryland SAFE Act and Who is Protected:
Enacted on October 1, 2021, the SAFE Act provides significant remedies and new protections for two susceptible groups of Maryland residents:
- Older adults: Anyone age 68 or older.
- Susceptible adults: Any adult unable to manage daily life or cannot perform daily activities or protect their rights unaided, without assistance due to physical, mental, or addiction / substance-related limitations.
The law unanimously passed the Maryland General Assembly, reflecting the urgent need to address the increasing number of financial abuse cases victimizing Maryland’s seniors and vulnerable adults. Whitney, LLP’s SAFE Act lawyers help victims understand and apply these laws.
What Constitutes Financial Exploitation under the SAFE Act?
Financial exploitation under the SAFE Act is broadly defined and includes:
- Abuse of trust: When a person in a position of trust (like a caretaker, home healthcare worker or companion, family member, or fiduciary) knowingly obtains or uses the victim’s assets with intent to deprive.
- Deception or coercion: Using false pretenses, intimidation, or persuasion to gain access to funds or property.
- Incompetency exploitation: Taking assets from someone unable to comprehend or legally consent to the transaction.
- Theft or unauthorized transfer of funds.
- Deceptive changes to wills or beneficiary designations.
- Abuse of fiduciary duty: such as draining joint accounts or misappropriating funds.
- Misuse of power of attorney or guardianship.
Financial exploitation and elder financial abuse often occurs at the hands of trusted individuals—family, caregivers, neighbors, healthcare workers, or professionals—who use deception, false promises, or intimidation to take advantage of vulnerable adults.
Whitney, LLP’s Maryland SAFE Act lawyers help determine whether financial exploitation occurred and how the theft or coercion happened.
Remedies under Maryland’s SAFE Act can include recovery of treble damages and attorney’s fees.
What Remedies Are Available?
The SAFE Act creates strong remedies that victims of elder financial abuse and their families or representatives can fight for in Court:
- Compensatory damages: Recovery of stolen or lost money and property.
- Treble damages: Courts may award up to three times the actual damages as a punitive measure—far more than the typical civil case.
- Attorney’s fees and costs: The exploiter may be required to pay the victim’s legal costs, making it easier for families to pursue justice.
- Injunctive relief: Courts can order immediate restraint of assets, rescind exploitative contracts, or prevent further abuse.
- Other remedies: Including restitution, constructive trust, and declaratory relief as needed.
When there is ongoing financial exploitation, legal steps can be taken, such as an injunction, to stop access to financial resources or to otherwise prevent a situation from continuing further. Whitney, LLP’s Maryland SAFE Act attorneys have experience taking the necessary legal actions, including urgent action.
Who Can Bring a SAFE Act Lawsuit?
The following parties may file suit for financial exploitation:
- The victim (older or susceptible adult)
- Attorney-in-fact
- Guardian or trustee
- Family members (spouse, parent, descendant)
- Heirs or beneficiaries
- Executors or personal representatives (even after the victim’s passing).
Whitney, LLP’s Maryland SAFE Act lawyers have experience bringing claims on behalf of older victims, and incapacitated and deceased victims. For example, we have brought SAFE Act claims involving elder financial abuse through a victim’s agent who holds Power of Attorney, and by an Estate due to the victim having passed.
Five Year SAFE Act Statute of Limitations
A Maryland SAFE Act lawsuit must typically be filed within five years after the financial exploitation was discovered or should have reasonably been discovered. This is a significant extension over Maryland’s standard three-year civil statute and ensures more time to uncover wrongdoing.
The time to file suit is extended due to the recognition that the wrongdoing may take an extended period of time to be discovered due to the victim’s age and/or mental capacity, and that the wrongdoer may be in a position of control or trust. For example, Whitney, LLP’s Maryland SAFE Act attorneys have represented an estate where the theft of money from the victim was discovered years after it occurred.
Nonetheless, the financial exploitation should be addressed immediately and legal action taken as soon as possible.
If a related criminal case is pending, this time can be extended even further.
What Should You Do If You Suspect Elder Financial Abuse?
If you believe you, a family member, or another individual is a victim of elder financial abuse or has been exploited:
- Act quickly. Early intervention can prevent further losses.
- Contact local law enforcement and file a police report. A police investigation can help stop ongoing elder financial exploitation, can lead to criminal charges and can be very helpful in bringing civil claims.
- Gather evidence. Collect financial records, bills, communications, texts, emails, and any other proof of wrongdoing.
- Contact Whitney, LLP’s Maryland SAFE Act lawyers. We offer a Free Safe Act Case Evaluation
Daniel W. Whitney, Jr. and Daniel W. Whitney of Whitney, LLP
Whitney, LLP’s Maryland SAFE Act Lawyers – Experienced Representation
Whitney, LLP has experience successfully fighting back against financial predators and helping older adults and susceptible victims. To stop the financial loss and preserve evidence, legal action should be considered and discussed as soon as financial exploitation is discovered.
If you suspect financial elder abuse or need help understanding your rights under the SAFE Act, call Whitney, LLP’s SAFE Act attorneys for a Free SAFE Act Case Evaluation.
Contact Whitney, LLP for a Maryland SAFE Act Case Evaluation at 410 583 8000, or use our Quick Contact Form.
