Your parent keeps paying the scammer. Here is what the law lets you do.
You explained it. Your parent promised to stop. Then the money went out again. The scammer always calls back, which is the one promise they reliably keep.
Adults keep the right to manage their own money, even when they make bad choices, so a family usually cannot just take over. You still have options: report it to Adult Protective Services (call 800-677-1116 to find your local office), call the bank's fraud team before the next transfer, and ask Social Security about a representative payee if benefit checks are going to scammers. Guardianship is a last resort. For free help reporting, call the National Elder Fraud Hotline at 833-372-8311.
$3B
fraud losses reported by adults 60+ in 2025
$2,000
median loss reported by people 80 and older
27
states with filial responsibility laws
Why do older adults keep sending money to scammers?
On October 19, 2026, the FTC sent Congress its yearly report on protecting older adults. People age 60 and older reported losing about $3 billion to fraud in 2025. In 2020, that number was about $600 million.
Investment scams were the biggest category, at more than $1 billion. Older adults were also more likely than younger adults to report losing money to romance scams, tech support scams, prize and lottery scams, government imposters, and scammers posing as a family member. People 80 and older reported a median loss of $2,000.
Many of these scams are slow. The scammer builds trust for weeks or months. Then come the emergencies, the fees, and the warnings not to tell anyone. That is why one talk with your parent often does not end it.
Can I legally stop my elderly parent from sending money to scammers?
Usually not on your own. In the U.S., adults have the right to make their own money choices, even bad ones. Age alone does not change that.
The legal question is capacity. Can your parent understand a money decision and what will happen because of it? A person can fall for scams and still have capacity. A person can also chat normally and still not follow how a wire transfer works.
Courts and agencies want proof that decision-making is impaired before they take away control. But you do not have to wait until the money is gone. There are smaller steps to try first.
Can Adult Protective Services help if my parent keeps getting scammed?
Every state has an Adult Protective Services (APS) program. APS looks into financial exploitation, abuse, and neglect of older and vulnerable adults.
Call APS when scam losses leave your parent short on food, rent, medicine, or utilities. A caseworker may check on your parent's safety and connect them with local help.
The limit: an adult who can make informed choices can usually turn down APS services. Rules differ by state.
Find your local office through the Eldercare Locator or call 800-677-1116.
Can my parent's bank stop or delay a transfer to a scammer?
Sometimes. In December 2024, federal regulators, including the FDIC, the Federal Reserve, and the CFPB, issued a joint statement on elder financial exploitation. It says transaction holds and payout delays can help stop exploitation when banks use them properly and follow the law.
The statement also encourages banks to let customers name a trusted contact. That is a person the bank can call if it sees signs of exploitation. Some states also require banks to report suspected exploitation to APS or police.
The limit: the statement did not create new rules. Each bank decides what it will do. You can report concerns to the bank's fraud team even if you are not on the account, but the bank may not share account details with you.
If your parent is willing, visit the bank together and ask to add you as a trusted contact. It is much easier to set up before the next transfer than after it.
Can Social Security let someone else manage my parent's benefits?
Yes, if Social Security decides your parent cannot manage their payments. It can name a representative payee. The payee gets the monthly payment and must spend it on your parent's needs, like food, clothing, and housing. The payee must also keep track of the spending.
A family member can ask to serve, but Social Security decides whether a payee is needed and who it will be. Call 800-772-1213 or read Social Security's page on getting help managing money.
The limit: a payee controls only the benefit payments. Savings, pensions, investments, and property stay under your parent's control.
One planning tip: people who get benefits can give Social Security up to three names ahead of time, in case they ever need help managing their money.
Will a power of attorney stop my parent from sending money?
Not by itself. A financial power of attorney (POA) is a legal document your parent signs to let a trusted person handle money for them. That person is called the agent.
An agent can pay bills, watch accounts, and talk to the bank. But while your parent still has capacity, they keep full control of their own money. A POA does not let you overrule them.
Your parent must have capacity to sign one, and the agent must act in your parent's best interest. A POA works best when your parent wants help. It may not help if they insist on paying the scammer.
When should a family ask a court for guardianship or conservatorship?
When losses are serious and your parent cannot manage their own affairs, a court can appoint a conservator or a guardian of the property. The name depends on the state.
A judge will look at how well your parent makes decisions, what risks they face, and whether a smaller step would work instead. Repeated scam payments, unpaid bills, missing basic needs, and medical records can all be evidence. Losing money to scams does not, by itself, prove incapacity.
The Justice Department says guardianship should be a last resort, because it takes away a person's legal rights. It can also be expensive. Talk to an elder law attorney in your parent's state first.
Why do scammers keep finding my parent?
Part of the answer is data. Marketing companies buy and sell lists of names, addresses, ages, and buying habits. Some of those lists end up with scammers.
In January 2021, marketing company Epsilon agreed to pay $150 million to resolve a federal criminal charge. It admitted that from 2008 to 2017, one of its units sold data on more than 30 million people to mail fraud schemes, including fake sweepstakes letters. The Justice Department said those schemes hit older and vulnerable people hardest. For nine years, one of the largest marketing companies in the world counted mail fraudsters among its customers.
Getting your parent off data broker lists will not stop a scammer who already has their number. It can cut down on new lists that include them. If your parent's information was in a breach, our guide to what happens to your data after a breach explains where it can go.
Partner tool · Sponsored
eosguide earns a commission if you sign up through this link, at no extra cost to you.
Am I legally responsible for my parent's bills if they give their money away?
Usually not, but check your state. Some states have filial responsibility laws. These old laws can require adult children to help pay for a parent who cannot support themselves. The National Conference of State Legislatures counts 27 states with them.
They are rarely used, but they still work. In a 2012 Pennsylvania case, a nursing home used one to make a son pay a $93,000 bill for his mother's care, even though he never signed anything agreeing to pay.
These laws do not make you responsible for a parent's debts, and they do not require you to replace money sent to scammers. If nursing home costs, a care agreement, or care you already provide are involved, talk to a lawyer before you make changes.
Can you set money limits? Yes. You can buy groceries or pay the electric company directly instead of handing over cash. You can decide you cannot cover your parent's bills forever. Limiting your own help is different from taking over their accounts. Be careful about co-signing loans or opening joint accounts to fix the problem. Those moves can put your own money at risk.
What should I do the next time my parent sends money to a scammer?
Act fast. These steps can stop more losses and build a record.
Partner tool · Sponsored
eosguide earns a commission if you sign up through this link, at no extra cost to you.
What if my parent refuses all help?
This is the hardest case. Some victims feel deeply attached to the scammer. Others feel ashamed, or believe the next payment will finally pay off.
Scammers often warn victims that family members will try to get in the way. It is one of the few true things they say.
Arguments and ultimatums can push your parent closer to the scammer. Lead with concern, not blame, and keep talking. If your parent is open to it, our Spot the Scam quiz is a low-pressure way to practice together.
You can still report to APS, alert the bank, and get legal advice. But if your parent has capacity, the law limits what anyone can force them to do. The right to make your own choices does not protect anyone from scams. It also does not mean the family has endless money to repair the damage.
Who can help a family dealing with elder financial exploitation?
You do not have to choose between doing nothing and taking over your parent's whole financial life. These groups can help you find the step in between.
Browse other active settlements
Every link on eosguide goes directly to the official source.
Browse Settlements →