“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”