New Minnesota Law Helps Prevent Financial Exploitation of Vulnerable Adults

Financial exploitation is a growing concern for older adults and others who may be unable to protect themselves from abuse. Effective January 1, 2026, a new Minnesota law gave courts an additional tool to respond more quickly when a vulnerable adult is at risk of financial exploitation.

The law allows courts to issue a Protection Order Against Financial Exploitation of a Vulnerable Adult. This order is intended to stop suspected exploitation before significant financial harm occurs, without requiring an immediate conservatorship.

A Faster Option Than Conservatorship

In the past, families often had to pursue an emergency conservatorship to address financial abuse. While conservatorships remain important in many situations, they can take time to establish and may not provide immediate protection.

Under the new law, courts may temporarily restrict financial transactions, limit access to accounts or property, and prohibit contact with an alleged exploiter while concerns are reviewed. This allows for earlier intervention when assets are at risk.

Who Is Protected

Minnesota law defines a vulnerable adult as someone age 18 or older who, due to physical, mental, or emotional limitations, cannot adequately protect themselves from harm. This includes many older adults as well as adults with disabilities.

Financial exploitation can include misuse of funds, abuse of a power of attorney, coercion, or undue influence, including influence that affects estate planning documents.

Why This Matters for Estate Planning

Early intervention can help preserve assets intended to support an individual during life or pass to beneficiaries at death. The new law also reinforces the importance of choosing trustworthy fiduciaries and having well-drafted estate planning documents that include safeguards if capacity declines.

If you suspect financial exploitation, it is important to act promptly and seek legal guidance. Addressing concerns early can help protect vulnerable individuals and reduce complications during estate administration later.