Continuing with the topic of a new law relating to elder abuse that criminalizes elderly financial exploitation, which is not limited to an incapacitated person, here are some of the most common ways in which people exploit the elderly:
- Using a financial attorney as a license to steal.
- Treating joint accounts as your own even though you are only on the account for estate planning purposes.
- Using another person’s ATM card and/or checks for one’s own benefit.
- Threatening victim to get money.
- Refusing to obtain needed medical care for the elderly person so that assets will continue to be available for abuser.
- With respect to caregiver, keeping the change from errands, falsifying time sheets, spending time on the phone instead of doing what they are paid to do, etc.
There is a new law relating to elder abuse that criminalizes elderly financial exploitation…this law is not limited to an incapacitated person.
- Makes it a crime for fiduciaries who knowingly, or recklessly for their own profit or advantage, deprive or take real or personal property of an elderly, disabled or impaired adult for the benefit of someone other than the adult.
- Makes it a crime for a person through the use of undue harassment, duress, force, compulsion or coercion acquires possession or control of an interest in real or personal property of an elderly, disabled or impaired adult, or establishes a relationship with a fiduciary obligation to an elderly, disabled or impaired adult that gives the person control or interest in real or personal property or other financial resources.
- Prior to this statutory change, unless the incident involved an obvious crime, like a forged check, the police often considered reports of financial exploitation to be family or civil matters allowing the perpetrators to continue the exploitation without fear of criminal liability, which as you can imagine was very frustrating.
When it comes to elder law, people are most often concerned about long term care planning for themselves as they age or for their aging parents.
Many fear losing all their assets to a nursing home, and others need assistance with navigating through the complicated legal waters of Medicaid.
Other fundamental components of elder law include:
- Protecting the at-home spouse’s assets and income
- Representation at elderly services or in court
- Long term care planning
- Addressing concerns about the high cost of nursing home care
- Reviewing long term care insurance plans
- Medicaid planning
- Assistance with the completion of the Medicaid application
- Helping loved ones stay at home with home care assistance
- Caregiver help
- Planning for disabled individuals
People often ask about the various aspects of "elder law" and the types of services that are involved.
Generally speaking, elder law involves helping individuals and families deal with a wide variety of issues including:
- long term care
- medical directives
- incompetency
- guardianship
- disabilities
- asset protection
- Medicaid
