Quite often elder clients have a viable claim but the perpetrator has no assets with which to satisfy any successful claim made.
It is sometimes not worth pursuing, but in many cases it is.
Where the perpetrator is a close family member, which is often the case (many from power of attorney abuse) the claim can be pursued to a court order. There would be no intention to recover immediately but the court order will remain enforceable for many years.
If the perpetrator is a beneficiary in the Will of the elder, when the elder passes the executor can either recover the amount ordered to be paid from the beneficiary, or perhaps more likely, require the perpetrator/beneficiary to repay from any inheritance given in the Will. The order is equivalent to a debt due to the estate.
You might think that the victim should immediately change his or her Will to cut out the abusing child so there is no inheritance, but often the victim lacks capacity to make a new Will because of dementia or similar condition.
It is possible to have the Supreme Court make a new Will for a person lacking capacity, but that can be costly and uncertain as to the outcome. We will deal with that topic in a future article.