Are you concerned about a loved one?
The elderly are among the most vulnerable among us. Issues that can arise include the following:
Elder Financial Abuse
Lonely elders are often "befriended" by those who seek to take advantage of failing memories and absence of family members for their own personal gain.
Abuse by Caretakers
Live-in or outside caretakers may "help themselves" to an elder's valuables, or manipulate a confused elderly person into signing checks or withdrawing large sums of money from bank accounts. Occasionally, physical abuse is involved as well. The elder may be too frightened or ashamed to tell others what is going on. Are there unexplained bruises, cuts, or burns on an elderly person who is unable to care for his or herself? If so, seek help immediately.
Fraudulent Contracts and Scams
Elderly people are especially vulnerable to false claims by "home improvement" salespeople, or those who seek to gain the elder's trust in order to perpetrate schemes involving payment of money. Elders also may "forget" that they have already paid a bill or ordered a magazine subscription, resulting in multiple payments that can be hard to retrieve. Sometimes, seemingly well-meaning "friends" convince an elderly person to make "loans" or payments to charities (real or fraudulent) or to advance money to the "friend" or his relative for living expenses.
Sometimes, a "religious" person will attach him or herself to a lonely or confused elder in order to solicit large "donations" that the elderly person cannot afford. There have been cases in which the elder was left without funds for rent, heat or food as a result of this type of unscrupulous "fundraising"!
Abusive Conservatorship Petitions
Sadly, adult children or other relatives may be more interested in the elderly person's assets and property than they are concerned about the elder's well-being. Relatives may institute court proceedings to establish a court conservatorship of an elder's estate, in order to gain control over accounts and assets. Or, a conservator may "turn bad," using the elder's assets to pay for a drug habit or to pay the conservator's debts. Such abuses are likely to increase in today's precarious economy.
Financial Mismanagement by Trustees
Many elders have "living trusts" but are no longer able to manage their financial affairs. A successor trustee then steps in to manage things. If you believe the new trustee has made questionable decisions concerning the assets of an elderly person, you should seek legal advice.
If you have any of these concerns about an elderly relative, friend or neighbor...or if someone appears to be trying to isolate an elderly person so that you can no longer contact the elder by phone or pay visits:
Call Elder Law Attorney Jane E. Bednar:
(831) 601-6381 for a no-obligation FREE consultation. There is NEVER a charge for the first consultation.
Home and hospital visits available.
The Law Office of
Jane E. Bednar offers knowledgeable, high-quality legal representation
to residents of Monterey, Salinas, Pacific Grove, Carmel, Pebble Beach,
Seaside, Carmel Valley, Big Sur, Marina, South Monterey County, and San
Benito County in the areas of personal injury, elder abuse,
professional malpractice, estate litigation, abusive mortgage practices, and defective construction.
