Dear kitch8-ga;
Thank you for allowing me an opportunity to answer your interesting
question.
Assuming you are in the United States, such a violation of trust can
indeed be considered a form of elder abuse. Because the abuser is an
authorized card user, however, theft or fraud would probably not be
considered prosecutable offenses under existing criminal state
statutes.
All 50 states and the District of Columbia have laws governing the
treatment of elderly persons and your case is not unique. Every year
thousands of senior citizens are taken advantage of by seemingly
well-intentioned “care-givers” or family members. One of the most
common occurrences is when an adult relative lives with an elderly
person and slowly drains the senior’s life savings, justifying their
actions by claiming that the funds were either used to offset expenses
related to the elder’s care, as earnings or reimbursement for services
(such as maintenance for the car used to transport them to and from
the doctor, etc.) or legal entitlement in exchange for services and/or
companionship. In most cases these claims are not valid and even the
legal power of attorney is not entitled to the elder’s finances for
his own use. The links I have provided for you make reference to each
state’s statutes. You can try and access them online or find
literature on them at your local library or Area Agency on Aging.
Recovering the money from a power of attorney “gone bad” in a civil
lawsuit can be difficult at best, and prosecuting them criminally even
more difficult. As you might imagine, it is takes a long time to amass
a nest egg so under the best of circumstances, expecting restitution
from someone who has so little that he/she felt compelled to steal
from a senior citizen is not a very reasonable expectation. There is
something that you “can” do however, so fear not – all is not lost.
Many states now have laws that address such things as
guardianship/conservatorship, and durable powers of attorney when it
comes to the elderly. If the abuser has power of attorney for the
vulnerable adult, that power should be revoked as soon as possible. To
revoke a power of attorney you must contact a lawyer. Be sure to have
the revocation notarized and filed with any county where the victim
owns real estate if the power of attorney grants the right to sell
his/her property. Tell the lawyer you need help closing all accounts
held jointly with the elder and the abuser and help taking the
abuser’s name off any titles, deeds, etc. if those exist. The moment
the revocation is served on the abuser it becomes effective.
Having spent more than 20 years in law enforcement myself (and I also
worked closely with the personnel at the local Area Agency on Aging,
where my mother, who is now an elder herself, retired after 18 years
of service) I can tell you that anyone who believes a vulnerable adult
has been abused may report that information to Adult Protective
Services (APS), located in your local Department of Social and Health
Services (DSHS) office. Or, you may call the statewide hotline at
1-866-363-4276. Agencies specializing in law enforcement, social
services, welfare, mental health, nursing homes etc., are required by
law to report these incidents if they suspect them so if you may want
to get them involved on the advice of your lawyer as well. Doctors,
nurses, psychologists, and pharmacists are bound by the same law.
These people must report to APS in writing, within 10 days, any time
they have reasonable cause to believe that a vulnerable adult has
suffered abuse, neglect, abandonment, or exploitation.
I wish you luck with your situation and I hope it turns out well for
all involved.
I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for using Google Answers.
Best regards;
Tutuzdad-ga
INFORMATION SOURCES
“Elder Abuse Laws”
http://www.elderabusecenter.org/laws/
“Elder Abuse Lawyers – FYI”
http://www.elderabusefyi.com/elder_abuse_law.html
“Elder Abuse Prevention”
http://www.aoa.gov/factsheets/abuse.html
“Introduction to Elder Abuse”
http://www.continuingeducation.com/nursing/elderabuse/legal.html
“Forms of Elder Abuse”
http://law.freeadvice.com/estate_planning/elder_law/forms_elder_abuse.htm
“Senior Citizens: Elder Abuse”
http://www.nwjustice.org/docs/9920.html
“How To Prevent Elder Financial Abuse”
http://www.canhr.org/abuse/abuse_financialprevent.htm
SEARCH STRATEGY
SEARCH ENGINE USED:
Google ://www.google.com
SEARCH TERMS USED:
“Area Agency on Aging”
“Adult Protective Services”
“Power of attorney” “elder abuse”
“Elder abuse” finances
“Elder abuse”
“Department of Social and Health Services”
“DHS”
“DHHS” |
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