Elder abuse including financial exploitation of the elderly is a problem endemic in our society. Billions of dollars are misappropriated through coercion, undue influence and fraud. Abuse of the elderly for financial gain is a potential problem for any person or family.
This kind of exploitation can be practiced by any number of people from family members to care providers to professionals such as attorneys and financial advisors. Sign posts to look out for if you are concerned someone in your family is being exploited, include changing Wills and other estate documents to remove the natural objects of the senior’s bounty, shielding or sheltering the senior from outside influence or contact, and financial dependence upon others combined with mental incapacity. The problem is particularly frustrating for the senior, particularly with caregivers, in that the senior feels frightened that he or she will come to harm or not be cared for if the abuser is not appeased. The abuser in turn will often have the confidence of the senior and slowly, over a long period of time, creation tensions and friction between the senior and the natural objects of his or her bounty.
The acts of undue influence are not usually sudden but long term and can happen “under the radar.” From an estate practitioner’s perspective, the best way to hedge against elder abuse is to plan early, and to create robust estate documents including trusts that can help to resist attack by outsiders looking to ply their interests. By planning early, it is more likely the senior will have his or her full faculties and those decisions will be more likely to represent his or her real intentions. If it is too late and the damage has been done (or is in progress), we have extensive experience in prosecuting elder abuse in courts. This can include litigating to void a power of attorney, recouping assets that have been misappropriated, or voiding estate documents.
Please call the Law Offices of James Yastion, PLLC at (845) 255-4400 to discuss your legal concern.