Fong Law Group

Online Survey Helps Older Adults Assess Their Financial Vulnerability

All older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults (or their caregivers) assess their risk of being exploited based on how they make financial decisions. 

It is hard to ascertain the exact number of people affected by financial exploitation because studies show that elder abuse is underreported. However, one study found that monetary loss from financial elder abuse could be close to $3 billion a year. 

Experts have found that there are certain risk factors that can help indicate when someone is more likely to fall prey to a financial scam.  Peter Lichtenberg, director of the Institute of Gerontology at Wayne State University, found that older adults’ physical and mental health, along with their family and friend network, help predict their financial vulnerability. 

Lichtenberg has created a website (www.olderadultnestegg.com) with resources for professionals, older adults, and family members to assess whether someone is at-risk. He provides trainings for caregivers on how to determine if a loved one is experiencing cognitive decline and how to spot financial mismanagement. The website also includes a financial vulnerability survey that assesses a person’s risk of exploitation by asking 17 targeted questions. At the end of the survey, participants get a low, moderate, or high risk assessment. There are also resources to direct older adults and caregivers on how to get help. 

To take the survey and see the resources, click here.  

Online Survey Helps Older Adults Assess Their Financial Vulnerability

All older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults (or their caregivers) assess their risk of being exploited based on how they make financial decisions. 

It is hard to ascertain the exact number of people affected by financial exploitation because studies show that elder abuse is underreported. However, one study found that monetary loss from financial elder abuse could be close to $3 billion a year. 

Experts have found that there are certain risk factors that can help indicate when someone is more likely to fall prey to a financial scam.  Peter Lichtenberg, director of the Institute of Gerontology at Wayne State University, found that older adults’ physical and mental health, along with their family and friend network, help predict their financial vulnerability. 

Lichtenberg has created a website (www.olderadultnestegg.com) with resources for professionals, older adults, and family members to assess whether someone is at-risk. He provides trainings for caregivers on how to determine if a loved one is experiencing cognitive decline and how to spot financial mismanagement. The website also includes a financial vulnerability survey that assesses a person’s risk of exploitation by asking 17 targeted questions. At the end of the survey, participants get a low, moderate, or high risk assessment. There are also resources to direct older adults and caregivers on how to get help. 

To take the survey and see the resources, click here.  

Tips for Preventing, Detecting, and Reporting Financial Abuse of the Elderly

Reports of elder financial abuse continue to increase, and the elderly are particularly vulnerable to scams or to financial abuse by family members in need of money.

It is hard to ascertain the exact numbers of people affected by elder abuse because studies show that elder abuse is underreported. However, one study found that financial loss from financial elder abuse could be close to $3 billion a year. 

While it is impossible to guarantee that an elderly loved one is not the victim of financial abuse, there are some steps you can take to reduce the chances. One option is to have more than one family member involved in caring for the loved one. You can also encourage the elder to get involved in community activities to ensure that he or she has a wide range of support. Using direct deposit as much as possible is also helpful. And of course you should always screen caregivers carefully and verify references.

Financial abuse can be very difficult to detect. The following are some signs that a loved one may be the victim of this kind of abuse:

• The disappearance of valuable objects
• Withdrawals of large amounts of money, checks made out to cash, or low bank balances
• A new "best friend" and isolation from other friends and family  
• Large credit card transactions
• Signatures on checks that look different
• A name added to a bank account  or newly formed joint accounts
• Indications of fear of caregivers

If you suspect someone of being financially abused, there are several actions you can take:

• Report the possible crime by calling your local Adult Protective Services and state attorney general's office. File a police report.
• Explore options at your local probate court if your state has such courts. The court can intervene if someone in the family is misusing a power of attorney or their role as guardian or conservator.
• Contact advocacy organizations. The National Center on Elder Abuse offers guidance on how to investigate and seek justice for elder abuse. State laws vary, but some have elder abuse statutes and may be able to get restitution for breach of fiduciary duties.
• Try to get a temporary restraining order from a court while building your case.

Celebrity Estate Battles Provide Valuable Lessons on Estate Planning

“Wicked stepmothers are the stuff of Grimm’s fairy tales. Widowed stepmothers are the root of real-life inheritance wars.”

The biggest issues in inheritance battles stem from Alzheimer’s disease, widowed stepmothers and estate crime. Certain issues, like signs of dementia, questionable asset transfers and sudden changes in investment risk profiles are sure signals that something is going on, reports Think Advisor in the article “What the Nastiest Celebrity Estate Battles Can Teach Advisors.”

If regular family fights feel like civil wars, then celebrity battles elevate the conflicts into global meltdowns. Showbiz legends like Tony Curtis, Mickey Rooney and Jerry Lee Lewis serve as perfect examples.

Rock and roll legend Jerry Lee Lewis’s seventh wife (yes, seventh) and his third wife’s daughter have been in court for nearly two years. The wife has charged her stepdaughter with financial and physically abusing the singer, who is now 83. The daughter countersued, alleging that her stepmother was drugging her father into an incoherent state. Lewis recently had a stroke, and he was admitted to a rehab facility.

What can families do about elder abuse, which the American Bar Association has called the “crime of the 21^st century?”

Pay attention. Over the next 30 years, as much as $30 trillion in Baby Boomer assets will be transferred to the next generation. The number of people getting older is taking a huge leap and so will the number of people who suffer from cognitive-related diseases.

Know what an “estate crime” is. This is the term to describe the unauthorized, unlawful taking of someone’s assets, while they are alive. It’s what happens when a personal representative, such as a trustee, suppresses assets and takes them. It’s more likely to occur when an entrepreneur or business owner keeps a lot of cash in the safe. That money mysteriously vanishes at their death. Therefore, if anyone has a lot of cash around, they need to be able to prove it and give that documentation to someone they trust.

What happens when a person’s family is involved in litigation and they are incapacitated? Attorneys will look for transfers that occurred just prior to the time the person became incapacitated. Would they be the result of undue influence or pressure? What about their estate documents — were they changed near the time the person became seriously ill or when they were near to death? Medical records and doctors’ reports become important in these cases.

What happened to Tony Curtis, romantic and comic leading man? A year before he died, Tony Curtis wrote a new will and revised his trust. He disinherited his five surviving children and left his entire estate worth $46 million to his sixth wife. The children, who include actress Jamie Lee Curtis, filed a suit claiming that their father was mentally impaired, but the case was dropped. It’s possible that the suit was settled confidentially. Any time there’s such a big change before death, expect litigation.

Why do so many famous people seem to die without a will? People don’t like to think about death, so they procrastinate. It’s that way for celebrities and for regular people. However, we read more about celebrities. Estate planning attorneys are the ones who see what happens, every day, when people don’t have wills and the family is faced with estate battles.

What’s the solution? It’s not that complicated. Find an estate planning attorney that you are comfortable with and draw up an estate plan. Make sure you have a will, power of attorney and health care power of attorney. Talk with your family about your intentions for distribution of your property and make sure that every few years, when events occur in your life or when laws change, you update your estate plan. That would save many people, famous and otherwise, from devoting time and money to cleaning up after their loved ones.

Reference: Think Advisor (March 27, 2019) “What the Nastiest Celebrity Estate Battles Can Teach Advisors”

 

 

Senior Scams Range from Promised Luxury Cars to Stolen Homes

“Police Detective Rosalee Reid told of one scammer who tried to entice her to give up her personal information, so he could attempt to drain her bank account by promising her she’d “won” $750,000 and a white Mercedes Benz.”

Too bad this particular scammer had no idea to whom he was speaking. The officer played along, asking when she could get the car, and telling the scammer it was snowing and she didn’t want to get that on her brand-new Mercedes. After too many questions, the scammer hung up on her, reports the New Haven Independent in an article “Senior Study Scam Avoidance 101.”

Unfortunately, not every senior is that savvy, when it comes to being scammed. According to the Federal Trade Commission, Americans lost more than $900 million in 2017 – that’s $63 million dollars more than in 2016 — to fraud, and many of the victims are seniors, who are routinely targeted.

Some of the cases are debt collection fraud, where a phone caller says they are calling from the IRS or the U.S. Marshall Service, stating vehemently that the person they are calling owes money to the government. The threat of jail time is frightening to enough people, that they fall for it.

Seniors are advised over and over again: the IRS does not call to make threats, and it’s definitely not calling to demand payment in gift cards from a major retailer. However, the scammers speak with authority and are extremely convincing. As a result, many people fall into the traps.

What makes scammers more frightening, is when they use a small piece of the senior’s identity. They may read the home address and insist that they will come to their home to collect the debt. They could also mention a family member, one who has passed away lately, and claim that they know everything about the person.

Another scam is to call and say that a beloved grandchild is in prison or has been kidnapped and needs money fast to pay ransom or bail to get out of jail. If this occurs, immediately hang up and contact the person or someone who can verify their safety, to make sure they are okay.

If someone has been arrested, they have the right to make one phone call. Authorities are not likely to be calling a person’s grandparents for bail money.

Another major source of fraud comes from those who know the senior or befriends them, solely to get their money or even their home. There are tales of caregivers, who become more and more involved in a senior’s life, often pushing their family members away and isolating the individual, so they can’t ask for help. Be wary of new people who are pushy about being helpful, especially if they ask to use your credit card or debit card to run errands for you.

Sadly, there are also many instances of family members who are charged and convicted for financial elder abuse, using their relationship with aging parents or other relatives to gain access to their finances. Be wary, warn experts, even when it is a family member. Read your credit card bills and bank statements carefully, to make sure that your money isn’t disappearing. Keep personal finance information secure.

Reference: New Haven Independent (Feb. 5, 2019) “Senior Study Scam Avoidance 101”

Be Careful Granting Power of Attorney

“For the sake of self-preservation in later life, it is imperative that the 60-and-older population understand the powers that are given away, when signing Power of Attorney (POA) documents.”

Power of Attorney abuse has emerged as a serious problem for elderly people who are vulnerable to people they trust more than they should, reports the Sandusky Register in the article “Consumer beware: Understanding the powers of a Power of Attorney” The same is true for a Durable Power of Attorney for Health Care document, which should be of great concern for seniors and their family members.

This illustrates the importance of a Power of Attorney document: the person, also known as the “principal,” is giving the authority to act on their behalf in all financial and personal affairs to another person, known as their “agent.” That means the agent is empowered to do anything and everything the person themselves would do, from making withdrawals from a bank account, to selling a home or a car or more mundane acts, such as paying bills and filing taxes.

The problem is that there is nothing to stop someone, once they have Power of Attorney, from taking advantage of the situation. No one is watching out for the person’s best interests, to make sure bank accounts aren’t drained or assets sold. The agent can abuse that financial power to the detriment of the senior and to benefit the agent themselves. It is a crime when it happens. However, this is what often occurs: seniors are so embarrassed that they gave this power to someone they thought they could trust, that they are reluctant to report the crime.

Similarly, an unchecked Health Care Power of Attorney can lead to abuse, if the wrong person is named.

The following is a real example of how this can go wrong. An adult child arranged for their trusting parent to be diagnosed as suffering from dementia by an unscrupulous psychiatrist, when the parent did not have dementia.

The adult child then had the parent admitted into a nursing home, misrepresenting the admission as a temporary stay for rehabilitation. They then kept the parent in the nursing home, using the dementia diagnosis as a reason for her to remain in the nursing home.

The parent had to hire an attorney and prove to the court that she was competent and able to live independently, to be able to return to her home.

Meet with an experienced estate planning attorney to discuss your situation and figure out who might become named as Power of Attorney and Health Care Power of attorney on your behalf. The attorney will be able to help you make sure that your estate plan, including your will, is properly prepared and discuss with you the best options for these important decisions.

Reference: Sandusky Register (Feb. 5, 2019) “Consumer beware: Understanding the powers of a Power of Attorney”

A Cautionary Tale of Alleged Elder Abuse

“Mary Weiss lost her son, while he was enrolled in a controversial drug study at the University of Minnesota. The case drew worldwide attention. Weiss is now facing the loss of her home and retirement savings, after being taken advantage of by someone she trusted, according to police.”

This is a sad story that illustrates how even the smartest person can be vulnerable and preyed upon by someone they know and trust. Mary Weiss has endured the violent death of her son, four strokes and a heart attack, says Fox 9 in its report titled “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver.”

The person she depended on throughout it all, is the one who is suspected of taking advantage of her trusting nature. She says she was financially ruined and her nest egg of $150,000 is gone. Debt from credit cards and loans taken out in her name without her consent is mounting.

Weiss gained international attention for her battle with the University of Minnesota researchers who ran a research study of a psychiatric drug. Her son took his own life, while enrolled in the study. Because of her fight, the University made a number of changes to its research programs.

The man she believes has ripped her off, stood by her during that battle, speaking to reporters on her behalf. However, now he has been charged with one count of theft by swindle by the Washington County Attorney, following an investigation by the Cottage Grove Police Department.

Howard lived with Weiss, although they were not romantically involved, for 10 years and had become her caregiver. She had suffered a series of strokes and gave him power of attorney over her financial matters.

Weiss knew that Howard had a record, including a theft by swindle conviction, but she never thought he would do something bad to her.

It was Weiss’ niece who discovered the problem this past spring, when she was going through a year’s worth of bank statements. ATM withdrawals, lottery ticket purchases, loans and credit cards were all done in her name. Washington County Human Services did a separate investigation and notified Weiss that an allegation of financial exploitation had been substantiated.

Howard denies taking anything without Weiss’ consent.

Weiss is currently living in a nursing home and is recovering from a fall. She said that she would like to return to her townhome but is not sure she will be able to afford to do that. She wants others to understand that this can happen to anyone, even with full control of their senses and no dementia.

Elder financial abuse is a growing problem, as the number of seniors rises. Having a family member who is actively involved and looking out for aging family members is one of several ways to prevent elder abuse from a stranger. However, it is often a family member who is committing the crime.

Reference: Fox 9 (Oct. 22, 2018) “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver”

A Cautionary Tale of Alleged Elder Abuse

“Mary Weiss lost her son, while he was enrolled in a controversial drug study at the University of Minnesota. The case drew worldwide attention. Weiss is now facing the loss of her home and retirement savings, after being taken advantage of by someone she trusted, according to police.”

This is a sad story that illustrates how even the smartest person can be vulnerable and preyed upon by someone they know and trust. Mary Weiss has endured the violent death of her son, four strokes and a heart attack, says Fox 9 in its report titled “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver.”

The person she depended on throughout it all, is the one who is suspected of taking advantage of her trusting nature. She says she was financially ruined and her nest egg of $150,000 is gone. Debt from credit cards and loans taken out in her name without her consent is mounting.

Weiss gained international attention for her battle with the University of Minnesota researchers who ran a research study of a psychiatric drug. Her son took his own life, while enrolled in the study. Because of her fight, the University made a number of changes to its research programs.

The man she believes has ripped her off, stood by her during that battle, speaking to reporters on her behalf. However, now he has been charged with one count of theft by swindle by the Washington County Attorney, following an investigation by the Cottage Grove Police Department.

Howard lived with Weiss, although they were not romantically involved, for 10 years and had become her caregiver. She had suffered a series of strokes and gave him power of attorney over her financial matters.

Weiss knew that Howard had a record, including a theft by swindle conviction, but she never thought he would do something bad to her.

It was Weiss’ niece who discovered the problem this past spring, when she was going through a year’s worth of bank statements. ATM withdrawals, lottery ticket purchases, loans and credit cards were all done in her name. Washington County Human Services did a separate investigation and notified Weiss that an allegation of financial exploitation had been substantiated.

Howard denies taking anything without Weiss’ consent.

Weiss is currently living in a nursing home and is recovering from a fall. She said that she would like to return to her townhome but is not sure she will be able to afford to do that. She wants others to understand that this can happen to anyone, even with full control of their senses and no dementia.

Elder financial abuse is a growing problem, as the number of seniors rises. Having a family member who is actively involved and looking out for aging family members is one of several ways to prevent elder abuse from a stranger. However, it is often a family member who is committing the crime.

Reference: Fox 9 (Oct. 22, 2018) “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver”

How to Prevent Financial Elder Abuse 如何防止老人經濟虐待 (中英對照)

“High-profile charges of financial exploitation raise troubling questions. Here’s how to protect yourself and your family.”

Stories of two high-profile elderly Americans have shone a harsh light on the issue of financial elder abuse. However, the rich and famous are not the only ones who are vulnerable. All families need to know what they can do to protect their loved ones, says AARP in the article “7 Ways to Prevent Financial Elder Abuse.”

Stan Lee is a legend, and not just among comic book fans. The 95-year old creator of Spider-Man and many other superheroes has been enmeshed in a legal tangle that includes charges that a memorabilia collector is attempting to isolate Lee in order to gain control of his fortune, which is estimated at $50 million. A Los Angeles court has issued a temporary restraining order against the collector, who says the charges are false.

An American hero, Buzz Aldrin, is battling with his two younger children, accusing them of trying to get control of his estate by saying he has dementia. He sued his own children in court. They deny doing anything wrong and say his memory loss and increasing confusion is to blame.

Experts believe these kinds of cases will grow as America ages and will continue to remain largely unreported, because most families don’t want to report or prosecute these crimes. Ninety percent of the perpetrators are family members or other people the victim knows well, including caretakers and neighbors. As we get older, we’re not as savvy about finances and sharp operators take advantage of this.

Here’s how you can protect yourself and your aging family members:

• Before anything happens, make a plan that includes power of attorney and heath care directives.
• Stay connected with loved ones through regular visits or phone calls. Video chatting is also good.
• Develop a relationship with your parent’s caregiver. Make sure that she knows you are involved.
• Become a “trusted contact” and monitor banking and investment activities.
• Sign up for a service that tracks financial activity and notifies you of any unusual withdrawals or changes in spending habits.
• Set up direct deposit for checks that arrive regularly, so they won’t have to cash them or ask someone else to cash them.
• Don’t sign any document that you don’t understand and don’t be rushed into signing anything.

Having to keep your guard up to protect yourself or a family member, is not how we like to think of our golden years. However, unfortunately it is necessary.

Speak with an estate planning attorney to create an estate plan, including a last will and testament, so your assets or those of your family member are also protected.

Reference: AARP Bulletin (Sep. 2018) “7 Ways to Prevent Financial Elder Abuse”

“有關財務虐待的高姿態指控引發令人困擾的問題。以下是保護自己和家人的方法。”

兩位備受矚目的美國老人的故事在老人經濟虐待問題上引起熱烈迴響。然而，並不是只有富人和名人容易受到傷害。 AARP在“7 Ways to Prevent Financial Elder Abuse.”一文中說，所有家庭都需要知道他們該採取哪些措施來保護親人。

Stan Lee 是一個傳奇, 而且這不僅限於漫畫迷。這位95歲的蜘蛛俠和其他超級英雄的創造者陷入了法律糾紛之中，其中包括指控一位收藏家企圖孤立Stan Lee以控制他估計價值5000萬美元的財產。洛杉磯法院已經對這收藏家發出了一項臨時限制令，儘管收藏家說此指控不真實。

一位美國英雄Buzz Aldrin正在與他的兩個較小的子女打官司，指控他們試圖通過說他患有老年癡呆症來控制他的資產。他在法庭上起訴自己的子女。他的子女說他們並沒有做錯什麼，並指責因他的喪失記憶而引起混亂。

專家們認為，隨著美國人口老化，這類案件將會不斷增加，並且將繼續保持大幅度的不舉報，因為大多數家庭不想舉報或起訴這些惡行。百分之九十的肇事者均是家庭成員或受害者親人，看護和鄰居。隨著年老，我們對財務狀況並不靈敏，而敏銳的騙徒會利用這一點。

以下是保護自己和老年家庭成員的方法：

• 在發生任何事情之前，制定一份包含財務授權書和醫療授權書的計劃。
• 通過定期探訪或電話與家人保持聯繫。視頻聊天也很好。
• 與照顧父母的人建立關係。確保她知道你參與其中。
• 成為“值得信賴的聯繫人”並監控銀行和投資活動。
• 註冊跟踪財務活動的服務，如有任何異常提款或消費習慣的變化都可以獲得通知。
• 為定期收到的支票設立直接存款，這樣就不用親自去兌現或要求他人幫忙兌現。
• 不要簽署任何您不理解的文件，也不要急於簽任何文件。

必須保持警惕以保護自己或家人，這可能不是我們想像的黃金歲月。然而，不幸是這是必需的。

與資產規劃律師聯繫，制定資產計劃，包括遺囑，以便您的資產或您家人的資產也受到保護。

參考:AARP Bulletin (Sep. 2018) “7 Ways to Prevent Financial Elder Abuse”

Push Back on Elder Abuse with Good Estate Planning 通過良好的資產規劃推翻老年人虐待事件 (中英對照)

“A Jamaica man was charged with tricking his 101-year-old neighbor into handing over the deed to his house last week. A trio of Maspeth thieves pleaded guilty to posing as grandchildren and even recruiting kids to rob senior citizens’ homes in July. In Flushing, a man allegedly begged an elderly victim to wire him $41,000 to post non-existent bail in the Dominican Republic.”

These are just three out of many elder abuse cases that have made their way to the Queens (New York) County Criminal Court in recent weeks, reports the Queens Daily Eagle in its article “Nuanced Directives, Power of Attorney Can Stem Elder Abuse.” These cases of elder abuse, fraud, and predation are reflective of a far larger problem.

As this borough of New York ages, the instances of predatory behavior and outright scams are getting worse. Predators often start out as well-intentioned caregivers.  However, they then start to take advantage of the senior under their care. They may start as someone who comes every day to check on the senior, helping with bills and then they see the senior’s assets. Sometimes they begin thinking they are entitled to some or all the senior’s assets.

Other types of abuse include stealing deeds to homes, when younger people establish seemingly caring relationships with elderly people, marrying them and then stealing their money while isolating the victims from their families. This is sometimes called “granny-napping,” where the caregiver manipulates the senior and turns them against other loved ones or former caregivers.

Cases like this turn to heartbreak for genuine, caring family members. The abuser poisons their loving relationship with a parent or grandparents.

One way to stem this abuse, is to ensure that older adults have advanced directives before something occurs. The estate planning or elder law attorney can tailor the document, so the person does not forfeit their rights or property, while putting legal protection in place.

What needs to be understood is this: the person who signs the document and becomes a senior’s representative has a fiduciary duty to act in the best interest of the person. If they breach that duty, there are legal consequences.

Bar associations work with attorneys across the country to help them in identifying and stopping elder abuse. The attorneys work with people in the healthcare field and in real estate, two areas where elder abuse occurs.

When an attorney suspects that elder abuse is taking place, the attorney has an option not to represent the agent and refer a case for guardianship on the grounds that the adult is being abused.

In markets where real estate values have skyrocketed, another real estate scam is for property hunters to go to Surrogate’s Court and find out who has died and who has inherited their estate. They approach heirs they deem to be financially or emotionally vulnerable and coax them into selling their property, usually for far below market value.

Putting an estate plan in place, can protect seniors from elder abuse. Speak with an estate planning attorney, to make sure that you or your loved ones are prepared for these scenarios.

Reference: Queens Daily Eagle (Aug. 8, 2018) “Nuanced Directives, Power of Attorney Can Stem Elder Abuse”

“上週，一名牙買加男子被指控欺騙他的101歲鄰居將房子的契約移交給他。三名Maspeth盜賊承認在7月份冒充孫子孫女甚至招募孩子去搶劫老人的家。據報導，在法拉盛，一名男子懇求一位年長的受害者向他索要41,000美元，為了交多米尼加共和國的不存在的保釋金”

這些只是近幾週來到皇后區（紐約）縣刑事法院的許多虐待案件中的三件。Queens Daily Eagle在文章中報導“Nuanced Directives, Power of Attorney Can Stem Elder Abuse”( Nuanced 指令，授權書可以遏制老人虐待) 這些虐待老人，欺詐和掠奪的案例反映了一個更大的問題。

隨著紐約居民老化，掠奪性行為和公開的騙局越來越嚴重。掠奪者通常從善良的照顧者開始。但是，他們慢慢地變得會利用他們照顧的老人。他們可能從每天來檢查老人，幫助處理賬單，然後他們看到老年人的資產。有時他們開始認為他們有資格獲得部分或全部老人的資產。

其他類型的虐待包括偷竊房子的契約的行為，當年輕人與老人建立看似關懷的關係時，嫁給他們然後偷錢，同時將受害者與家人隔離。這有時被稱為“奶奶小睡”，護理人員操縱老人並讓他跟親人或以前的照顧者反目。

像這樣的案件讓真正關心的親人感到心碎。施虐者害他們與父母或祖父母的感情關係破裂。

阻止這種濫用的一種方法是確保老人在事情發生之前有清楚的指令。資產規劃或老年法律律師可以為您度身定造文件，因此該人不會喪失其權利或財產，同時實施法律保護。

需要理解的是：簽署文件並成為長者代表的人有信託義務以符合長者的最佳利益。如果他們違反了這項義務，就會有法律後果。

律師協會與全國各地的律師合作，幫助他們識別和製止虐待老人。律師與醫療和房地產的行業人士合作，這兩個行業都是虐待老人的重災區。

當律師懷疑虐待老人時，律師可以選擇不代表當事人，並以成人受到虐待為由提起訴訟。

在房地產價格飆升的市場中，另一個房地產騙局是房地產獵人前往遺產法院，找出誰已經死亡，誰繼承了他們的財產。他們接近他們視為是財政或感情上脆弱的繼承人，並誘使他們出售房產，通常遠遠低於市場價值。

制定資產計劃，可以保護老人免受老年人虐待。與資產規劃律師談，以確保您或您的親人為這些情況做好準備。

參考: Queens Daily Eagle (Aug. 8, 2018) “Nuanced Directives, Power of Attorney Can Stem Elder Abuse”