Elder Abuse Checklist


 

Use Recommendations

from Wikipedia

Possible Indicators of Incapacity, Undue Influence and Elder Abuse :

  • Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client’s bounty
  • Gifts to anyone that are so large, given the size and nature of the client’s estate, as to threaten the client’s economic security
  • Loans, particularly if undocumented, to anyone; special scrutiny required if to non‑family members
  • Actions by client’s fiduciary (attorney-in-fact, trustee, other) that reflect poor judgment or conflict of interest
  • Existence of estate-planning documents naming non‑family members as fiduciaries or beneficiaries
  • Existence of joint accounts with non‑family members
  • Evidence that client signs checks prepared by others
  • Bequest plans or other arrangements favoring one child, particularly if a caregiver
  • Evidence of physical harm (bruises, cuts, etc.)
  • Evidence of excessive dependence on a child or other person, particularly if such other person is critical to the client’s independence and/or ability to avoid a nursing home
  • Material inconsistency between client’s understanding of estate and its true value
  • Excessive fees charged by professionals (trustees, attorneys, financial advisors, stockbrokers, other)
  • Unconscionable terms of loans or other financial arrangements.

Courses of Action When Elder Abuse Identified :

  1. Require accountings from prior fiduciaries. Court procedures are available to compel such accountings.
  2. Institute conservatorship/guardianship procedures to formalize authority in a third party who will be accountable to the courts.
  3. Contact Adult Protective Services (or its equivalent) in the client’s community. [Caveat: Doing so may constitute a breach of confidentiality.]
  4. Revoke or amend estate-planning documents that do not comport with client’s wishes.
  5. Commence civil action against person(s) who take financial advantage of client. Such actions may include elder abuse (in jurisdictions so providing), fraud, negligence,

    misrepresentation, theft and breach of contract.

  6. Commence civil action against person(s) who physically abused the client. Such actions may include elder abuse, assault, battery, wrongful death and violation of Patient Bill of Rights (if events occurred in a nursing home).
  7. Remove assets from accounts held jointly with suspected abuser.
  8. Involve the police and raise possible criminal charges against abuser.
  9. Draft documents (durable power of attorney, trust, other) to effect true, independent wishes of client.
  10. Involve social worker, counselor, psychologist or professional geriatric care manager.
  11. Involve professional, bonded fiduciary to manage assets for client.
Reposted from: http://financialelderabuse.wordpress.com/
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Posted on March 21, 2012, in Adult Protective Services, Elder Abuse, Elder Law & Finances, Fiduciary, Fraud, Incapacity, Personal Representative, Theft and tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. 1 Comment.

  1. Jacqueline Amos

    Elder 62 years was stripped of her property by landlord tenant judge, Judge gave partial ownership to family member, who was not on deed or will, Judge stated that family member could live for free and did not have to pay rent, Family member 39, with SSI rent on budget, Judge stated because victim house was a family house, which was not true, The Elder own the house, alone and not family, she is in dept for over 5000 dollars, Because Family member want pay light bill and rent as of judge, there lights will go out, and the boiler an hot water, Elder 62 with multi disabilities, Blood Pressure, Blood Clots, Thyroids, Tumors, bad heart, Elder showed deed registered in her name, and papers from Surrogate Court ownership, Victim lives on 723 dollars social security, Judge refuse to allow victim to come back to court, Judge said she was not going to here case, Victim has multi disabilities, the Judge new that the victim was the only person paying bills, and she was about to loose her house, Judge through her head in the air , like she did not care, after trying to show Judge the bills, the judge did not want to see it, now family member controls, half the house, and pay no bills, no rent, Elder awaiting For closure, because of Judge Decision, order of the court.Family member controls first and second floor, the only one who pays the bills is the Elder, who is seriously ill; Judge was informed that Elder had been through family court,

    Like

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