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What began as an offer to help care for a man experiencing cognitive decline ultimately became a case of financial exploitation.
On July 16, 2026, Tracie Green, 65, of South Lyon, was sentenced to 24 months of probation after pleading no contest to embezzlement from a vulnerable adult involving $20,000 to $50,000. According to the Michigan Attorney General’s Office, Green had gained access to the man’s finances after changes were made to his bank accounts and ultimately embezzled more than $20,000 after his death.
As part of the case’s resolution, Green made a $150,000 restitution payment to be distributed to the victim’s family. She was also prohibited from providing care for adults age 62 or older, with a limited exception for a specified family member, or for disabled adults. In addition, she cannot work in a position that gives her direct control over or access to another person’s money.
It is one case, involving one vulnerable older adult. The bigger picture across Michigan is far more troubling.
Just weeks earlier, Attorney General Dana Nessel reported that more than 100,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation, problems the Attorney General described as often going unnoticed and unreported.
That means the danger is not limited to the cases serious enough to result in criminal charges.
It can be an older parent whose increasing confusion leaves them vulnerable to someone they trust.
It can be unexplained withdrawals that no one notices for months.
It can be a caregiver gradually taking greater control over someone’s finances.
It can also be self-neglect, where an older adult struggling with physical or cognitive limitations is no longer safely managing medications, nutrition, bills, or everyday needs.
For families, these situations often begin with a feeling rather than proof.
Something isn’t right.
The harder question is what to do next.
That is where speaking with an elder law attorney can be particularly valuable. Families do not need to arrive knowing which legal solution they need.
An elder law attorney can help determine what authority already exists, review powers of attorney and other planning documents, explain options for protecting an aging loved one’s finances and well-being, and help families understand when additional legal or protective intervention may need to be considered.
YOU DON’T HAVE TO KNOW IF IT’S A CRISIS YET
Maybe Mom has stopped paying bills she never used to miss. Dad is increasingly confused about his accounts. A sibling suddenly has control over a parent’s finances, but no one seems to know where the money is going. A new friend, neighbor, or caregiver has become unusually involved in financial decisions.
Or perhaps no one else is involved at all. An aging parent living alone is missing medications, neglecting basic needs, or struggling to safely manage everyday responsibilities.
Families often notice these changes long before they know what they mean or what they are legally able to do about them. That uncertainty can make it tempting to wait until the situation becomes clearer.
But you do not need to know exactly what is happening before talking with an elder law attorney.
Our Associate Attorney, James Bobcik, encourages families to come prepared for an open and honest conversation about their circumstances. There is no judgment involved. Understanding what is really happening allows an attorney to identify the issues, explain the options, and help a family determine what steps may make sense.
That conversation is especially important because concern and legal authority are not the same thing.
An older adult does not lose the right to make their own decisions simply because family members disagree with them. Aging itself does not mean incapacity. At the same time, cognitive decline, self-neglect, undue influence, or suspected financial exploitation can raise very different legal questions.
An elder law attorney can review what authority already exists through a power of attorney, trust, or other planning documents, determine whether additional planning may still be possible, and explain when court involvement or outside protective services may need to be considered.
When something feels wrong, you do not necessarily need proof or a legal diagnosis before starting the conversation. Sometimes the purpose of that first conversation is simply to understand what options you have while there are still options to consider.
SELF-NEGLECT CAN HAPPEN WITHOUT AN ABUSER
Not every vulnerable older adult is being harmed by another person.
Sometimes the danger comes from an increasing inability to safely care for themselves.
Missed medications, inadequate nutrition, unpaid bills, declining personal hygiene, unsafe living conditions, increasing isolation, or an inability to recognize obvious risks may indicate that additional support is needed.
These situations can be particularly difficult because families are balancing two legitimate concerns: protecting someone they love and respecting that person’s independence.
A parent may make decisions their adult children dislike. That alone does not mean the children have the legal authority to intervene.
The question becomes more complicated when physical or cognitive limitations begin affecting the person’s ability to understand risks, manage essential needs, or protect themselves from serious harm.
Families should not have to make assumptions about what those changes mean legally. An elder law attorney can help examine the circumstances, existing legal documents, and available options while keeping the older adult’s rights and independence at the center of the conversation.
FINANCIAL EXPLOITATION MAY COME FROM SOMEONE YOU KNOW
The South Lyon case highlights an uncomfortable reality.
The person creating the risk may already be inside an older adult’s circle of trust.
Michigan’s Attorney General warns that elder abuse can involve relatives, friends, neighbors, caregivers, and others who have established relationships with an older person.
The warning signs may be subtle at first. Then the concern becomes even more complicated when the person involved already has legitimate access to the older adult’s finances.
A power of attorney, for example, can be an extremely valuable planning tool. It can also give an agent significant authority, which makes the choice of whom to appoint especially important.
Michigan’s Uniform Power of Attorney Act, effective since July 1, 2024, established updated standards governing these documents and the responsibilities of agents.
An elder law attorney can review an existing power of attorney, explain what authority it actually grants, discuss the responsibilities of the person serving as agent, and help families understand potential legal options if misuse is suspected.
START WITH WHAT ALREADY EXISTS
When a family becomes concerned about an aging loved one, one of the most useful first steps may be determining what legal planning has already been done.
A document created fifteen years ago may still carry legal authority even though the family circumstances surrounding it have completely changed. Someone once considered the obvious choice to manage finances may no longer be appropriate. A successor may never have been named. Important documents may not address the situation the family is facing today.
Reviewing those documents can help families understand what authority exists instead of discovering it in the middle of a crisis.
It can also give an older adult who still has the ability to make their own planning decisions an opportunity to reconsider whom they trust and how they want future assistance handled. The goal is also to preserve the older adult’s choices and independence for as long as possible.
WHAT IF THERE ISN’T AN ADEQUATE PLAN?
Sometimes families discover the problem after an older adult’s ability to make or communicate certain decisions has significantly declined.
There may be no appropriate power of attorney. Existing documents may not provide the authority needed. The person named may have died, become unavailable, or even be the individual causing concern.
At that point, the options can look very different.
Attorney Bobcik identifies “waiting until it is too late” as one of the biggest mistakes families make. He also notes an important misconception: even a spouse does not automatically have authority to act for an incapacitated spouse without authority granted through a properly drafted power of attorney or an order of the court.
When a family comes to us in this situation, one of the first steps is understanding what legal authority already exists and what options remain available. Our team can review existing powers of attorney, trusts, and other planning documents, evaluate the circumstances the family is facing, and explain what legal paths may be appropriate.
In some cases, an existing document may provide the authority needed. In others, additional planning may still be possible. If adequate authority does not exist and the older adult can no longer put the necessary planning in place, guardianship, conservatorship, or another protective proceeding may need to be considered.
Court intervention is not automatically the answer.
Guardianship and conservatorship can involve significant authority over another person’s personal or financial decisions. Michigan’s Elder Abuse Task Force has specifically focused on guardianship and conservatorship practices as well as alternatives to guardianship, reinforcing the importance of balancing protection with an older adult’s rights and independence.
The appropriate response depends on the individual, the nature of the concern, the legal authority already in place, and what the family needs to accomplish.
That is why an elder law attorney can be particularly valuable at this stage. The question is not simply, “Do we need guardianship?” It is, “What options do we still have, and which one makes sense for our family?”
SOME SITUATIONS REQUIRE MORE THAN AN ATTORNEY
An elder law attorney can help families understand legal rights, planning documents, and possible legal remedies. But elder abuse is not solely an estate planning issue.
Suspected abuse, neglect, or exploitation may also require involvement from Michigan Adult Protective Services, law enforcement, financial institutions, healthcare professionals, or other agencies depending on the circumstances.
Immediate threats to someone’s safety should be treated as emergencies.
Families should also document what they are observing. Unusual financial transactions, missing property, changes in behavior, unsafe living conditions, isolation, or concerning interactions with caregivers or other individuals may become important information when professionals are trying to understand what has happened.
An elder law attorney can help families understand where legal planning fits into that broader response and when other professionals or authorities may need to become involved.
YOU DON’T NEED TO HAVE ALL THE ANSWERS BEFORE YOU CALL
You do not need to know whether the situation involves incapacity, self-neglect, financial exploitation, or another legal concern before asking for guidance.
In fact, Attorney Bobcik encourages families to have an open and honest conversation about their circumstances and identifies waiting until it is too late as one of the biggest planning mistakes families can make.
At Estate Planning & Elder Law Services, P.C., that first conversation can begin with what you already know: what has changed, what concerns you, what planning is currently in place, and what you want for the person you love. From there, our attorneys can help you understand the legal issues involved and the options available to your family.
Protecting an aging loved one does not always begin with taking legal action. Sometimes it begins by asking questions early enough to still have choices.
If something doesn’t feel right, start the conversation now. Knowing your legal options today could change what you’re able to do tomorrow.
