University of Miami Business Law Review


Joshua F. Bautz

Document Type



The United States of America is entering into a period of time that is marked by an increasingly aging population, and a corresponding growth in its susceptibility to financial abuse. While financial abuse can take on various forms, our older Americans continuously bear the bulk of its adverse effects. In recent years, financial representatives have notably suffered from a decline in investor confidence; however, this trend has failed to address the true culprits that commit the majority of financial abuse. This Comment will help to illuminate the increasing impact that family members, friends and caregivers have on the totality of the financial abuse perpetrated against older Americans.

The current prevailing federal and state regulations have insufficiently addressed this growing issue. Many recently proposed rules have aimed to fill this regulatory void, but their drafters have failed to affix the necessary language to mandate their protective intent. Older Americans are uniquely vulnerable to financial abuse because of the many physical barriers that they disproportionately face. The protections afforded to them by the government should reflect these realities.