Bert is 89 years old, estranged from his family, and living at a care facility. He has $330,000 in life savings.
Bert is in a good environment where his needs are being met, and he has enough money to provide for his care for the foreseeable future. For most people, that would be enough.
However, in my jaded world view, Bert is vulnerable. He has no one to protect him from elder exploitation.
How Does Elder Exploitation Happen?
The Beginning
Sure enough, into Bert’s world comes the perpetrator, a man who uses intimidation to get what he wants and has a long criminal history that includes several violent offenses. He does not look like a villain, but then few people do.
The perpetrator befriends Bert and gains his trust. He persuades the older man to sign a power of attorney naming him as agent.
The perpetrator then takes over. He feeds Bert a string of lies. He keeps Bert from attending meetings with the care facility staff, telling him the meetings would upset him. The perpetrator tells the care team that he and his fiancé can take better care of Bert at their home. He has Bert discharged from the facility–against the care team’s advice–and then tells Bert that the facility has kicked him out.
What happens next is so predictable.
The Perpetrator Strikes
Once the perpetrator has Bert at his home, he denies him food, medication, and access to the restroom. He convinces Bert that they should go into business together and then takes his $330,000 as an “investment” in the business. The perpetrator instead spends the money on himself or for his own benefit.
Bert fears for his life and calls the facility, which tells him he is welcome to return. Bert shows up traumatized and covered in bruises. The facility calls the authorities.
Even then, the perpetrator does not give up. He attempts to contact Bert. He sends Bert a check for $500. The fiancé visits the facility to try and talk Bert into dropping charges.
The Shocking Reality of Elder Exploitation
Unfortunately, Bert’s story is not unusual. He has joined the legion of elderly people who have been lied to, stolen from, or falsely imprisoned. Like most attorneys who practice in this area, I have seen cases where evildoers:
- Forge documents
- Convince incapacitated seniors to sign new powers of attorney or transfer documents
- Isolate seniors from their family and friends
- Sign seniors into memory care units without any authority
- Mentally or physically abuse seniors
How to Protect the Elderly From Exploitation
What could Bert have done to protect against being exploited?
Estate Planning
When he was younger and not so vulnerable, he could have engaged in better estate planning, such as putting his money in a trust and naming a friend or disinterested person as his agent under a medical and financial power of attorney. That would have kept someone else involved in his well-being to help protect him.
Stay Close to Others
He could have taken steps not to be completely estranged from his family. This, again, would keep someone else involved in his life.
Live in Texas
He could have lived in Texas. In Texas, we have court-created guardianships, usually commenced when someone who is concerned about an incapacitated person notifies the court, usually by sending a 1102 Letter. In Texas, we also have criminal laws designed to punish people who exploit elders.
Prevent Elder Exploitation With Hammerle Finley
As for Bert, the foregoing is based on allegations made in a real court case. The perpetrator has been indicted in federal court on charges of wire fraud, mail fraud, and monetary transaction of criminally derived property.
It is all so sad.
To protect yourself or a loved one from elder exploitation, start with a consultation with our team of experts today to ensure your estate planning can protect you.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
