Elder Abuse Checklist
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.
- 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)
Non-conservator * was appointed personal representative? Dad died intestate? What?
After my father‘s death on June 21, 2011, I sent copies of the “Will of Ronald Richard Kirkwood” via certified mail to the following:
- Janice Cagle, Cedar County, MO public administrator & conservator & co-guardian of my father, Ronald Richard Kirkwood
- Peter A. Lee, (Missouri Bar No. 55172) attorney for Janice Cagle AND guardian ad lidem (conveniently) for my father, Ronald Richard Kirkwood
- Elizabeth V. Rohrs, (Missouri Bar No. 31433) attorney representing Mary Hackbirth Kirkwood * ( see photo below )
- Cedar County Probate Court in care of Melinda Gumm, Cedar County, MO court clerk
I received all 4 notifications back signed and delivered. Mary Catherine Kirkwood *, (as listed this time), (see photo below) was then appointed personal representative of my father’s estate & that he died intestate. NOTE: Mary * was appointed co-guardian and NOT CONSERVATOR in the Guardianship proceedings (Case No: 10CD-PR0059), despite her requests & application. The Circuit Court of Cedar County, Missouri Probate Division, Judge Dennis D. Reaves, then put all fiduciary responsibility back in her hands on September 30, 2011?!?
Clearly this makes absolutely no sense.
isolate, medicate, take the estate
- Fear of Living (larkkirkwood.wordpress.com)
- Missouri Senate Backs Expansion of Elder Abuse Law (larkkirkwood.wordpress.com)
- Grief and Alzheimer’s — Anguish Over Multiple Losses (larkkirkwood.wordpress.com)
- No one should ever become… (larkkirkwood.wordpress.com)
- Rosa Parks Estate Looted by Attorneys and Judge, Lawyer Alleges (abcnews.go.com)