7 Scams to Watch Out for | Elder Financial Abuse
- February 25, 2020 - Elder Financial Abuse,
Elder financial abuse and exploitation make for a silent epidemic of crime across America, and the phenomenon is only growing in scale. According to research conducted the watchdog National Adult Protective Services Association, one in twenty seniors have reported elder financial abuse in the recent past. And the damage to our national economy from elder financial abuse is estimated at anywhere from $3 billion to $36 billion per year, a figure that can only cause alarm. As the population of senior citizens in our country continues to grow, so too will the challenge posed by fraudsters who want to prey on our elderly and steal their money. To help seniors and their loved ones identify and avoid scams, we’ve compiled a list of the most c[...]
Continue ReadingReasons You Need to Listen Closely to Elders in Financial Elder Abuse Cases
- February 19, 2020 - Elder Financial Abuse, Estate Litigation, Trust Litigation,
Respect for elders is a basic foundation of many cultures and religions. Its neglect or absence is traumatic and disheartening to both societies and families. No doubt, aging brains bring many challenges to elders, their families, and caregivers. Responding to the challenges can be awkward. Functional decline, dementia, and depression can make communication difficult. They can also make abuse, neglect and financial exploitation more likely. I share these thoughts from experience in representing elders and their families who’ve suffered financial elder abuse. Sometimes it’s too late for us to do something about it. Sometimes we catch it just in time. Whether the wrongful act is done, in process, or not yet started, we need to[...]
Continue ReadingElder Financial Exploitation of Women | Break the Silence
- February 10, 2020 - Elder Financial Abuse,
Language is powerful. It can ignite wars. It can heal wounds. It can hide harm. It can redeem wrongs. And, it can save lives. That’s what I want to talk about today. Women, 65 and older, outnumber men of the same age. Almost half of older women, age 75 and over, live alone. They are a target class for elder financial exploitation – for financial elder abuse. Lawmakers, law enforcement, news organizations and educational institutions are increasingly taking measures to inform us of the multiple ways that seniors are scammed. Family members, neighbors, adult protective services and other professionals can all assist in protecting older women, this targeted class. We all have a dog in this fight. I wrote The Wolf at the Door: U[...]
Continue ReadingCaregiver Marriages | Elder Financial Abuse
- February 6, 2020 - Elder Financial Abuse, Estate Litigation, Trust Litigation,
We invest elder caregivers with a remarkable amount of power. With power comes responsibility. So, it’s troubling, even tragic, when this responsibility is abused. And, elder abuse, including elder financial abuse, is magnified when marriage is used for financial exploitation. I’ll share a couple stories - stories drawn from real cases – but changed in part to preserve privacy. So, let’s start with Roger, an 82-year-old retired teacher. Roger was single for 81 years. Roger’s closest family members are his two sisters, Mary and Molly. They are named as equal beneficiaries in Roger’s 2014 trust. A few years later, 2016, Roger was diagnosed with dementia and Parkinson’s disease. Roger’s failing memory, impaired mobility, and[...]
Continue ReadingShould a Paid Caregiver Inherit $4 Million? | Undue Influence
- January 29, 2020 - Elder Financial Abuse, Estate Litigation,
Should a paid caregiver inherit 4 million dollars? This story starts off normally enough. A caregiver is hired to care for a 94-year-old woman who is nearly blind. So far, so good. But just five months in, something extraordinary and suspicious happens. The caregiver is named as the elderly woman’s sole beneficiary, trustee, executor, attorney-in-fact and health care agent. We’ll call the elder Caroline. And, we’ll call the caregiver Lotto, as in a game of chance. You’ll see how Lotto increased her chances for a jackpot, Caroline’s estate. Caroline’s twenty-year-old trust was changed shortly before her death. The change wiped out Caroline’s long held plans to benefit her life partner, sister and a niece. Caroline had long b[...]
Continue Reading“I Leave My Family Nothing” | House Fights & Undue Influence
- January 28, 2020 - Elder Financial Abuse, Estate Litigation, Trust Litigation,
“To my family I leave nothing.” I wince at the words. I represent family members in estate battles. We focus on elder financial abuse, will contests and trust beneficiary abuse cases. And, I hear words like this all the time. It’s one thing to hear them, another to feel them. My clients feel them. Hurt, devastation, and surprise are just some of the feelings. The quest for justice comes a little later. Like in this case: I’ll call her Pam. Pam calls me. She shares her mother’s handwritten will. She also shares the story about the will. Sally, Pam’s elderly mother, penned the words in 2016. Sally was not well. She was forgetful. Pam says her mom’s voice often drifted off in midsentence. And, Sally was isolated. Isolate[...]
Continue ReadingElder Financial Abuse | The Battle Starts Now
- January 10, 2020 - Elder Financial Abuse,
The battle against elder financial abuse in America starts with our own families, but it requires a much broader base. The combined efforts of our communities, public and private institutions, and law enforcement all play an essential role in a fight that will only intensify in the coming decades. There are now 50 million Americans over the age of 65. Ten thousand baby boomers reach 65 each day. This age group is also a target class for predators and swindlers whose actions are often covered in silence. A 2016 study from the AARP’s Public Policy Institute revealed that one in five older Americans are victims of financial exploitation each year. Some elders are particularly vulnerable to financial pillage. An estimated 5.8 million Am[...]
Continue ReadingMeth Addiction | Trust, Estate and Elder Financial Abuse Litigation
- December 27, 2019 - Elder Financial Abuse,
The 2017 National Survey on Drug Use and Health reported that 1.6 million people related that they had used meth in 2016. Experts report that only 1 in 10 people with addiction receives treatment. Los Angeles Police Chief Michael Moore conveys that meth is destroying the West Coast. It is now big business for Mexican cartels and U.S. gangs. Brian Hurley, MD, an addiction physician and general psychiatrist at the Los Angeles County Department of Mental Health, says that he often can’t tell whether someone is mentally ill, high on meth or both. One of the major side effects of meth use is the induction of psychosis. Symptoms of meth psychosis include confusion, delusions, intense paranoia, and visual and auditory hallucinations. So, w[...]
Continue ReadingCalifornia Conservatorship Drawbacks | Red Flags
- December 9, 2019 - Elder Financial Abuse,
Hubris.The word feels right in writing and talking about conservatorship drawbacks. Still, to be sure of its meaning I look it up in Webster’s Third International Dictionary. So, what does Webster’s say about hubris? “(O)verweening pride or self-confidence: ARROGANCE…” OK, that’s clear enough. What does it have to do with California conservatorships? It has to do with those who oppose conservatorship reform. To those who turn a blind eye to some of the glaring abuses in the system. And, the system is not unique to California; it is a national problem. It’s worthwhile to see the work that some of our country’s leading guardianship and conservatorship critics and reformers are doing. So, let’s take a look at the advocacy [...]
Continue ReadingPeter Max | Estate Litigation Battles for Art Riches
- October 22, 2019 - Celebrity Estate Battles, Elder Financial Abuse,
Peter Max is a countercultural icon, a painter whose art defined an era of rebellion, freedom, youth, and nonconformity. Because his psychedelic style was so recognizable, he became a wealthy celebrity artist in the 1980s who earned the right to be compared to other pop cultural artists of our time including Andy Warhol, Jeff Koons, and Damien Hirst. His work appeared on cereal boxes, airplanes, postage stamps, and cruise ships. Even though Peter Max became an extremely successful and wealthy artist, in the late 1990’s he ran into financial troubles and pled guilty to tax evasion. Those troubles ultimately led Max to partner with a company called Park West Gallery which sells art at auctions held on cruise ships including Royal Caribbe[...]
Continue ReadingRECENT POSTS
CATEGORIES
- Abused Beneficiaries
- Catastrophic Injury
- Celebrity Estate Battles
- Community
- Coronavirus Liability
- Dependent Adult Financial Abuse
- Elder Financial Abuse
- Estate Litigation
- Estate Planning
- Firm News
- Legal Advocacy
- Life Insurance Beneficiary Litigation
- Traumatic Brain Injury
- Trust Litigation
- Trusts Accounting
- Will Contests
- Wrongful Death