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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/

In Regards to Ronald Richard Kirkwood; Case #11CD-PR00088 & #10CD-PR00059


To whom it may concern:

In Regards to: Ronald Richard Kirkwood & Case # 11CD-PR00088 & Case # 10CD-PR00059

Cedar County, MO probate circuit court

Judge James R. Bickel, Cedar County, MO 28th Circuit Judge, (Vernon County, MO Courthouse)

Judge Dennis Dwight Reaves, Cedar County, MO 28th Associate Circuit Judge

Judge David R. Munton, Dade county, MO (signed final court documents in guardianship case)

Janice Cagle, CPA, public administrator of Cedar county, MO & co-guardian / sole conservator of Ronald Richard Kirkwood, who has since resigned from her position before elected term ended

Sandra Camp, deputy public administrator of Cedar county, MO

Peter Allen Lee, attorney, Guardian Ad Litem representing Ronald Richard Kirkwood in Case # 10CD-PR00059 AND attorney for public administrator, Janice Cagle / co-guardian & conservator for Ronald Richard Kirkwood, under guardianship & conservatorship, AND law school friend of Leo J. Mendus II, AND former partner in law with Judge Dennis Dwight Reaves, 12 PUBLIC SQUARE P.O. BOX 220 STOCKTON, MO 65785 (417) 276-3900

Although I had already learned of my father’s death via facebook, my father’s estate was charged to try and notify  me days later by Peter Lee.   ~ Lark E. Kirkwood

Melinda Gumm, Circuit Clerk of Cedar County, MO

Janet Johnson, Chief Deputy Clerk of Cedar County, MO

Sarah Turner, Deputy Probate Clerk of Cedar County, MO

Shiela Frieze, Deputy Clerk of Cedar County, MO

Stacie Spurgeon, Deputy Clerk of Cedar County, MO

Celia A. Vincent, Sun Security Bank / Citizen’s Home Bank manager in Fair Play, MO, & public notary, who notarized 16 page power of attorney for * in regards to Ronald Richard Kirkwood

Elizabeth Vincent Rohrs, attorney representing (*) PO BOX 117 BOLIVAR, MO 65613

Leo J. Mendus II, PLLC of Oklahoma City, OK, representing co-Guardian & Conservator, public administrator of Cedar county Janice Cagle, (aka Ronald Richard Kirkwood “ward”) in foreclosure hearings of the home of Ronald Richard Kirkwood at 1114 NW 55th Street Oklahoma City, OK 73118 sold after Ronald Richard Kirkwood’s death to David Evans of Oklahoma City

* Mary Catherine Katheryn Katherine McDonnell McTavish Hackbirth Hackbarth Pryor Kirkwood (unsure of legal name) * PO BOX 28 Fair Play, MO 65649 & 20515 S Hwy 245 Fair Play, MO 65649

Joyce Woltz Kirkwood, widow to Reginald Kirkwood, aka Joe Kirkwood, Jr., aka Joe Palooka

Fern Gully Farm, Fern Gully Nursery

Bryan Scott McTavish

Rami McTavish

Casey Allen McTavish

Adult Protective Services of Missouri

Joe L. Hock

Integrity Home Health of Missouri

Sharon Hamlet, Adult Protective Services, Cedar county, MO

Mercedes Louise Watson, attorney representing Lark E. Kirkwood, intervenor in Case # 10CD-PR00059, 112 S High Stockton, MO 65785

and others involved in any manner. 

I pray that you never have to lose a loved one or be the victim like my Dad was & family has been and still is.  I also pray you will be able to find comfort & grieve when a loved one dies.

signed, Lark Elizabeth Kirkwood

20111221-092617.jpg

Ronald R. Kirkwood in his home just prior to relocating to home of *

( 20515 S Hwy 245 Fair Play, MO 65649 )

20111221-093249.jpg

Ronald R. Kirkwood in the home of  * with a pig on him.  

(Photo was sent to Lark Kirkwood from * via email)

 

 

For detailed information on these cases, 11CD-PR00088 & 10CD-PR00059, click on this link & search for “Lark Kirkwood” at Missouri Case.net

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