Share

Elder Abuse

Thursday, June 22, 2017

How Safe is My Mother from Financial Exploitation?


 

Jennifer’s 80-year-old mother seemed to be running low on funds every month.  By the end of the month, she had no money for groceries.  Jennifer had helped her mother with a budget, so she thought her mother had plenty of money to make it through each month.  When she asked her mother to allow her to look at her bank statements, though, Jennifer discovered a series of automatic debits to several companies she did not recognize.  It turns out, her mother had signed up for monthly book delivery clubs, as well as recurring magazine subscriptions for magazines Jennifer knew her mother did not read.
Read more . . .


Monday, April 22, 2013

Protecting Seniors from Being Taken Advantage Of

Unfortunately, there have been an increase in reports of senior citizens being taken advantage of. There are various ways seniors are being taken advantage of, but one strikes particular interest with our firm; the deceptive and unfair methods of some Financial Advisors.

Being an Elder Care and Disability Law Firm, we are constantly in contact and working closely with Financial Advisors. They are a vital resource not only for us, but for our clients. We are confident in the Financial Advisors that we work with, but it is a shame that not many out there are honoring their commitment and efforts to help families.

In the link provided below there are a list of 7 guidelines that the Consumer Financial Protection Bureau suggest to seniors to follow to avoid choosing a bad financial advisor or product

Click Here

It is important to be aware and alert to suspicious activity. Senior abuse is a crime and will not go untolerated. If you suspect any senior abuse being taken place please contact the Department of Health and Services.

For more resources and information on senior abuse you may also check out this website : http://www.ncea.aoa.gov/


Sunday, June 26, 2011

Elder Abuse - It's Right Under Your Nose

 Sometimes bad things happen right under our noses, and we don’t want to – or can’t – see.  Elder abuse is like that – we can’t – or don’t want to admit that we see it.

June 15th was Elder Abuse Day, a day intended to draw our attention to a problem that is often ignored. The term “elder abuse” is often in the news, but what exactly is elder abuse?

The World Health Organization defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.”

Elder abuse is not confined to the poor.  Mickey Rooney, the 90-year-old actor, has accused his 52-year-old stepson of abusing him and taking his money.  He testified before Congress about the growing problem of elder abuse.  

Just last week, I learned of two events which I characterize as elder abuse. 

The daughter of my client, Fred, used the Financial Power of Attorney her father had granted her to transfer almost all of his money into her own bank account.  Before she accomplished this feat, though, she had carefully isolated him from other relatives, friends, and even from me, his attorney.  The assisted living facility (ALF) where he lived was instructed not to allow him to see or talk with a laundry list of people.  In fact, almost everyone he knew was on that list.  The daughter was heard to swear at him, and call him foul and demeaning names.  She neglected to take him to the optometrist and audiologist, with the result that he could not hear or see, and was diagnosed with dementia. 

The other case also involved the caregiver daughter.  She physically abused her mother, and also transferred her mother’s money into her own account.

In both of the cases I described, the elder parent trusted their adult child to care for them in their time of need.  My client, Fred, had only one child, and he hoped and believed he could trust her completely.  He was sure that she had his best interests at heart when she told him that she would help him manage his money and would watch out for all of his healthcare needs.

Fred’s daughter had two documents that she used inappropriately to take advantage of Fred.  She used the fact that she had been named as his agent under an Advance Directive to limit access to her father, and she used a Financial Power of Attorney to transfer all of Fred’s money out of his bank accounts.

What can be done to help elders in these situations?  In Fred’s case, the signs were missed by those around him.  The ALF should have been suspicious of the daughter’s attempts to limit visits and phone calls from friends and relatives.  People in assisted living facilities are presumed to have the capacity to make their own decisions about whom they will visit.  ALF’s should respect the resident’s rights to communicate with whomever they wish, unless the resident has a guardian appointed by a court of law. Here is a link to an article by the State Bar of Georgia on Long-term care residents’ rights:  http://bit.ly/pt9Gjc

Those who witnessed the daughter call him names, could have intervened to ask Fred if he needed help or could have reported the daughter to Adult Protective Services.  Here is a link to the website for DHS:  http://bit.ly/nw3jSw

Sometimes we have to be willing to see things we don’t want to see.


Archived Posts

2017
2015
2014
2013
November
June
May
April
March
February
January


The Elrod-Hill Law Firm,LLC assists clients with Estate Planning, Veterans Benefits, Medicaid, Elder Care Law, Probate, Special Needs Planning and Pet Trusts in the North Atlanta area including the counties of Dekalb, Gwinnett and Fulton.



© 2017 The Elrod-Hill Law Firm,LLC | Disclaimer
3930 E. Jones Bridge Rd., NW, Suite 160, Peachtree Corners, GA 30092
| Phone: 770-416-0776

Talks & Seminars | Veterans Benefits | Estate Planning | Probate / Estate Administration | Guardianship / Conservatorship | Special Needs Planning | Elder Care Law | Pet Trusts | Advanced Estate Planning | Events | Medicaid Planning | NEW!! FREE WORKSHOP FOR ADULT CHILDREN CAREGIVERS | Veterans Benefits

Attorney Website Design by
Amicus Creative