Protection of Family Assets and Defense of Vulnerable Individuals

Discovering that a loved one, often elderly or in fragile health, has been the victim of fraud that has compromised their assets is a dramatic moment for the entire family. In addition to the financial damage, there is a sense of violation and helplessness. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, which require not only technical expertise but also particular sensitivity in managing the family and personal dynamics involved.

The Crime of Exploiting Incapacity and Italian Legislation

In the context of protecting the elderly, the most relevant legal category is often the crime of exploiting incapacitated persons, governed by Article 643 of the Italian Penal Code. The law punishes anyone who abuses the needs, passions, or inexperience of a minor, or the state of infirmity or mental deficiency of a person, to induce them to perform an act that results in any legally damaging effect for themselves or others. It is crucial to clarify that 'mental deficiency' is not necessarily interpreted by case law as a confirmed pathology, but also as a condition of fragility or suggestibility typical of advanced age, which reduces the subject's critical capacity.

In addition to the criminal aspect, the Civil Code offers essential tools for recovering stolen assets. Through specific legal actions, it is possible to request the annulment of acts (such as real estate sales, donations, wills, or bank withdrawals) made under the influence of fraud, as they are vitiated in the formation of consent. The objective is to restore the asset situation prior to the scam and obtain adequate compensation for the moral and material damages suffered by the victim and their family members.

Bianucci Law Firm's Strategy for Asset Recovery

The approach of Avv. Marco Bianucci, a lawyer expert in asset protection and compensation for damages in Milan, is based on an integrated strategy that combines criminal and civil actions. Each case begins with a meticulous analysis of the documentation and the circumstances under which the events occurred. The firm collaborates, when necessary, with forensic doctors and specialists to ascertain and certify the victim's state of vulnerability at the time of signing the contested acts, a crucial piece of evidence in court.

The firm's priority is to act promptly to block, where possible, further dissipation of assets. This may involve requesting precautionary seizures on assets misappropriated or on the bank accounts of those responsible. Avv. Marco Bianucci assists clients both in the reporting and complaint phase with the competent authorities, and in the subsequent establishment of a civil party in the criminal proceedings, or in initiating independent civil lawsuits for the declaration of nullity of contracts and the restitution of unduly misappropriated sums.

Frequently Asked Questions

How is the exploitation of an incapacitated person proven if the elderly person is not legally declared incompetent?

Legal declaration of incompetence is not required. To establish the crime and obtain the annulment of acts, it is sufficient to demonstrate, including through retrospective medical reports and testimonies, that at the time of the act, the elderly person was in a state of fragility or suggestibility such as to prevent them from assessing the consequences of their actions, and that the scammer took advantage of this.

Is it possible to recover money if the scammer has already spent it?

Recovery depends on the perpetrator's solvency. However, by acting promptly with an expert lawyer in compensation for damages, it is possible to request the seizure of movable or immovable assets registered to the scammer or to third parties involved to guarantee future compensation. Furthermore, in some specific cases, the liability of banking institutions can be assessed if they failed to comply with their supervisory obligations regarding anomalous transactions.

How long do I have to report a scam targeting the elderly?

For the crime of exploiting an incapacitated person, which is prosecuted ex officio, there is no strict 90-day limit for filing a complaint. However, it is crucial to act as soon as possible to avoid the statute of limitations for the crime and, above all, to prevent the misappropriated assets from being concealed or sold to bona fide third parties, which would make recovery more complex.

Can I annul a will made under manipulation?

Yes, a will made as a result of deceit (fraud) or undue influence by third parties can be challenged. It is necessary to prove that the testator's will was not free but the result of psychological pressure or fraud that deviated from their natural testamentary intentions.

Request a Case Assessment in Milan

If you suspect that a family member has been the victim of fraud, scams, or exploitation, time is a critical factor. Contact Avv. Marco Bianucci for a confidential consultation at the office located at via Alberto da Giussano, 26 in Milan. Together, we will assess the grounds for legal action, protect the elderly person, and pursue the most effective path for the recovery of the misappropriated assets.