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10 Warning Signs of Financial Exploitation

The National Center on Elder Abuse defines Financial or Material Exploitation as:

The illegal or improper use of an elder’s funds, property or assets.

Examples include, but are not limited to, cashing an elderly person’s checks without authorization or permission; forging an older person’s signature; misusing or stealing an older person’s money or possessions; coercing or deceiving an older person into signing a document (e.g., contracts or will); and the improper use of conservatorship, guardianship, or power of attorney.

The Center lists the following warning signs and symptoms of exploitation and other forms of financial abuse:

Sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money by a person accompanying the elder;
The inclusion of additional names on an elder’s bank signature card;
Unauthorized withdrawal of the elder’s funds using the elder’s ATM card;
Abrupt changes in a will or other financial documents;
Unexplained disappearance of fund or valuable possessions;
Substandard care being provided or bills unpaid despite the availability of adequate financial resources;
Discovery of an elder’s signature being forged for financial transactions or for the titles of his/her possessions;
Sudden appearance of previously uninvolved relatives claiming their rights to an elder’s affairs and possessions;
The provision of services that are not necessary; and
An elder’s report of financial exploitation.

Source: The National Center on Elder Abuse, Administration on Aging

Posted in Administration on Aging, Elder Abuse, Exploitation, Fraud, Law

1 Comment

Tags: Administration on Aging, AoA, Elder Abuse, Exploitation, Financial Abuse, Financial Abuse of Elderly, financial exploitation, forgery, Fraud, Law, Power of Attorney, Signs of Elder Abuse, Undue Influence, Warning Signs

Elder Abuse Checklist

Mar 21

Posted by Lark E. Kirkwood

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 :

Require accountings from prior fiduciaries. Court procedures are available to compel such accountings.
Institute conservatorship/guardianship procedures to formalize authority in a third party who will be accountable to the courts.
Contact Adult Protective Services (or its equivalent) in the client’s community. [Caveat: Doing so may constitute a breach of confidentiality.]
Revoke or amend estate-planning documents that do not comport with client’s wishes.
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.
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).
Remove assets from accounts held jointly with suspected abuser.
Involve the police and raise possible criminal charges against abuser.
Draft documents (durable power of attorney, trust, other) to effect true, independent wishes of client.
Involve social worker, counselor, psychologist or professional geriatric care manager.
Involve professional, bonded fiduciary to manage assets for client.

Reposted from: http://financialelderabuse.wordpress.com/

Wealth is not a Barrier to Abuse and Exploitation – it’s an Invitation (larkkirkwood.wordpress.com)
Elder Abuse & Financial Crimes: What’s it all about? (larkkirkwood.wordpress.com)
Appalling information about Missouri & Elder Abuse! (larkkirkwood.wordpress.com)
National Organization to Stop Elder Abuse and Guardianship Abuse (larkkirkwood.wordpress.com)
Seniors and Conservatorship – helping you understand. (larkkirkwood.wordpress.com)
The 5 Senses of Abuse (larkkirkwood.wordpress.com)

Posted in Adult Protective Services, Elder Abuse, Elder Law & Finances, Fiduciary, Fraud, Incapacity, Personal Representative, Theft

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Tags: Abuse, Adult Protective Services, Attorney-in-fact, Atul Gawande, Beneficiary, breach of confidentiality, Breach of Contract, Capacity (law), checklist, client signs, Durable Power of Attorney, Elder, Elder Abuse, Elder Law & Finances, Estate, Estate planning, excessive dependence, Exploitation, Fiduciary, Fiduciary Abuse, Financial Abuse of Elderly, financial exploitation, forgery, Fraud, government, Incapacity, Law, Mandated Reporter, neglect, Nursing home, Patient Bill of Rights, Personal Representative, Power of Attorney, Signs of Elder Abuse, Theft, Trust, Trustee, Undue Influence, Violence and Abuse

Turnover Settlement for Ronald Kirkwood Estate No.10CD-PR00059 & Probate Letters of Administration No. 11CD-PR00088

Feb 22

Posted by Lark E. Kirkwood

Turnover Settlement & Estate papers 102411

What is a conservatorship? CorruptProbateJudges.com (larkkirkwood.wordpress.com)
Mary C. Kirkwood * appointed Representative Sept 30, 2011 (larkkirkwood.wordpress.com)
The will of my father has been filed… Job done! (larkkirkwood.wordpress.com)
Will of Ronald Richard Kirkwood (larkkirkwood.wordpress.com)
In Regards to Ronald Richard Kirkwood & Case #11CD-PR00088 & #10CD-PR00059 (larkkirkwood.wordpress.com)

Posted in Conservator, Dad, Death, Elder Law & Finances, Elderly, Grief, Guardianship, Guardianships & Conservatorships, Law, Missouri, MO, Probate Court, Ron Kirkwood, Ronald Richard Kirkwood, Senior Citizens, Senior Issues, Turnover Settlement, Victims, Ward

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Tags: Abuse, Administration on Aging, Adult Protective Services, Agent Orange, Aging Parents, Alzheimer's Disease & Dementia, attorney compensation, attorney fees, BOLIVAR, Bolivar Missouri, Bryan McTavish, Bryan Scott McTavish, Case No: 10CD-PR00059, Causes of Elder Abuse, Cedar County, Cedar County Missouri, Cedar County Public Administrator, Celia A. Vincent, Celia Amos Vincent, Circuit Court of Cedar County, Conservator, Conservator Abuse, Conservatorship, Dad, Dade County Missouri, David Munton, Dealing with Death and Dying, Death, denial, Department of Veterans Affairs, Douglas, Dr. James F. Chism, Elder Abuse, Elder Law & Finances, Elder Neglect, Eldercare Issues, Elderly, Elizabeth Rohrs, Elizabeth V. Rohrs, End of Life & Grief, End of Life and Grief, Estate, Estate of Ronald Richard Kirkwood, ex parte, Exploitation, Fair Play, Family, Fern Gully Farms, Fern Gully Nursery, Fiduciary Abuse, Financial Abuse, Financial Abuse of Elderly, forgery, Fraud, Genny McDonnell, Grief, Grief & Loss, Guardianship, Guardianship Abuse, Guardianship Compensation, Guardianships & Conservatorships, Haun & Heidemann, HIPPA, II, Incapacitated, Isolation of Elderly, Janice Cagle, Joe Hock, Joe Kirkwood, Joe L. Hock, Joyce Kirkwood, Joyce Woltz Kirkwood, Judge Dennis Reaves, Judicial Abuse, judicial accountability, K Patrick Douglas, Kerry Patrick Douglas, Kirkwood, Law, Legal guardian, Leo J. Mendus, Leo Mendus, Letters of Administration, Linda Heryford, Losing a Parent, Mary C. Kirkwood, Mary Catherine Kirkwood, Mary Hackbirth, Mary Hackbirth Kirkwood, Mary Kirkwood, Mary Kirkwood Hackbirth, Melinda Gumm, Missouri, MO, National Association to Stop Guardian Abuse, National Organization to End Guardianship Abuse, neglect, NOTEGA, Oklahoma City, old age, PC, Peter A. Lee, Peter Allen Lee, Peter Lee, Polk County, Power of Attorney, Predatory Guardians, probate, Probate Court, Probate Division, Public Ad, Public administration, Public Guardian, Rami McTavish, Reginald Kirkwood, Ron Kirkwood, Ronald Kirkwood, Ronald Richard Kirkwood, Sandra Camp, Sarah Turner, Senior Citizens, Senior Issues, Sociopath, Stockton, Stockton Missouri, Sun Security Bank, Supplemental Security Income (SSI), Undue Influence, United States Department of Justice, VA Compensation, Vera L. Haun, Verna Lee Haun, Vernon County Missouri, Veterans, Victims, Violence and Abuse, Ward, Will of Ronald Richard Kirkwood, Your Congressional Representative (House.gov), Your US Senator (Senate.gov)

Turnover Settlement for Ronald Kirkwood Estate No.10CD-PR00059 & Probate Letters of Administration No. 11CD-PR00088

Feb 22

Posted by Lark E. Kirkwood

Turnover Settlement & Estate papers 102411

What is a conservatorship? CorruptProbateJudges.com (larkkirkwood.wordpress.com)
Mary C. Kirkwood * appointed Representative Sept 30, 2011 (larkkirkwood.wordpress.com)
The will of my father has been filed… Job done! (larkkirkwood.wordpress.com)
Will of Ronald Richard Kirkwood (larkkirkwood.wordpress.com)
In Regards to Ronald Richard Kirkwood & Case #11CD-PR00088 & #10CD-PR00059 (larkkirkwood.wordpress.com)

Posted in Abuse, Administration on Aging, Adult Protective Services, Aging Parents, Alzheimer's Disease & Dementia, Celia A. Vincent, Conservator, Dad, Death, Elder Abuse, Elder Law & Finances, Elderly, Elizabeth Rohrs, Elizabeth V. Rohrs, ex parte, Exploitation, Family, Fraud, Grief, Guardianship, Guardianship Abuse, Guardianships & Conservatorships, Incapacitated, Janice Cagle, Joe Hock, Joe Kirkwood, Joe L. Hock, Judicial Abuse, K Patrick Douglas, Kerry Patrick Douglas, Law, Leo Mendus, Letters of Administration, Linda Heryford, Mary C. Kirkwood, Mary Hackbirth Kirkwood, Mary Kirkwood, Melinda Gumm, Missouri, MO, National Association to Stop Guardian Abuse, Peter A. Lee, Peter Allen Lee, Peter Lee, Probate Court, Rami McTavish, Ron Kirkwood, Ronald Richard Kirkwood, Sandra Camp, Sarah Turner, Senior Citizens, Senior Issues, Sun Security Bank, Vera L. Haun, Verna Lee Haun, Violence and Abuse, Ward, Will of Ronald Richard Kirkwood

Appalling information about Missouri & Elder Abuse!

Feb 18

Posted by Lark E. Kirkwood

Photograph taken on the grounds of the Weinber...

Image via Wikipedia

I am appalled! Now this explains a little bit more to me why APS allowed my Dad to remain in the home of someone who was reported for neglect / exploitation / fraud etc. 4 times! My father died. I have yet to find a single person in Missouri that cares about elder abuse & guardianship / conservator abuse. Especially in Cedar County, the judges look past the obvious abuse that is taking place in order for the attorneys and public administrators to PROFIT! Something has to be done! signed, Lark E. Kirkwood

Click on this link to be directed to the article: St. Louis Beacon – Missouri official challenges federal report on elder abuse in state