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How to Recognize Potential Elder Financial Abuse
By Adrienne M. Moran, ESQ.
As our population ages, and the economy worsens, the temptation of ‘caregivers’ and others to take financial advantage of vulnerable elders grows. Consider the case of ‘Love is a many splendored thing’ involving 89-year old Irv: Irv’s family was extremely surprised when they got a call from Irv, announcing that he had just married “my wife, Lynnette”. The problem was Lynnette was Irv’s 49 year old caregiver in whom the family had entrusted the care of Irv. Irv suffered from severe dementia and other physical and mental ailments, which made him extremely vulnerable to the undue influence of Lynnette.
You won’t be surprised to learn that Irv also happened to be a multi-millionaire. Before the ink was dry on the city hall marriage certificate, Lynnette had taken Irv to a lawyer to add her to the will. When the family went to Irv’s house to investigate, they found a copy of the marriage certificate in Irv’s wallet, which Lynnette had put there to help Irv remember that he had married Lynnette. They also found notes in Lynnette’s handwriting, “I’m having fun with my wife, Lynnette”, which is exactly what Irv had said to his daughter during an earlier phone call. The phone Irv used to be able to easily reach to call his family, was no longer plugged in. Lynnette prevented Irv’s family from visiting him and didn’t answer their calls. Soon, Lynnette also managed to work herself into all of his financial affairs with the banks through the use of powers of attorneys. Through litigation, the family was ultimately able to have the marriage annulled and the will revoked. When Irv died shortly after the marriage, Lynnette got nothing.
Elder financial abuse just doesn’t happen to the very wealthy. Even those with modest estates are often subject to financial abuse. How can you protect your loved one from similar abuse? First, be aware of the many types of potential elder financial abuse; and watch for the “Red Flags” which show up in almost all cases of abuse.
Adrienne Moran has been practicing law since 1988 and is a partner with Shapiro, Galvin, Shapiro & Moran in Santa Rosa, California. Mrs. Moran's practice emphasizes general civil litigation. She has defended both private businesses and public entities against personal injury, wrongful death and employment lawsuits. Adrienne also represents the Diocese of Santa Rosa in various litigation matters, including representation of the Diocese in the Clergy III sexual abuse cases.
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