Elder abuse is a serious problem in our society. While our health care system allows many people to live well into their 80’s and even 90’s, this same longevity can cause them to rely on others for help in managing their physical needs as well as their banking, investments, and other financial matters. With this dependency comes the risk that the care-givers will exploit the older person to their own advantage.
Unlike mental incapacity caused by a stroke or dementia, which is more readily observable, undue influence as a form of elder abuse can easily be hidden behind the mask of a “caring” relative or friend who has been entrusted with the property or physical care of a dependent older person who may still be competent but is too afraid or ashamed to complain of the abuse taking place.
This article will address the financial exploitation of the elderly, as opposed to physical abuse or neglect.
The first topic discussed below profiles the type of older person who is likely to become the victim of financial exploitation through undue influence. The common characteristics of the perpetrators of such abuse will be analyzed in the second topic. The next topic describes the stages in the development of undue influence, along with the common signs indicating its presence. The fourth topic lists the remedies that are available to elderly persons or their representatives or heirs seeking redress for the harm caused by financial exploitation through undue influence.
CONTENTS
■ Profile of the Victim
■ Profile of the Perpetrator: Opportunists and Predators
■ The Stages of Undue Influence
■ Remedies for Victims and Their Families
■ Defending Against a Baseless Claim of Undue Influence
■ PROFILE OF THE VICTIM
Researchers have found that the older persons who are most likely to be financially exploited through undue influence share one or more characteristics. These include:
✔ Being physically disabled or weakened, and thus dependent on the assistance of others in performing the activities of daily life, such as bill-paying, transportation, house-cleaning, personal hygiene, meal preparation, and shopping.
✔ Living alone, and being isolated from community activities and health care services.
✔ Having few family or friends who are able and willing to visit and engage in social interaction.
✔ Experiencing grief over the loss of a loved one (a spouse or sibling, for example) whom they lived with or to whom they were emotionally attached.
✔ Suffering from depression caused at least in part by their isolation or loss.
✔ Being naturally naïve, overly trusting, and open with strangers.
✔ Lacking knowledge about their own finances and/or the confidence in their ability to handle them, e.g., their recently deceased spouse always took care of the bills and finances, so that the older person does not trust themselves to handle such responsibilities.
Research has also found that even when the older person is aware that the perpetrator is misappropriating their funds, they still will not report the theft to the authorities or others. This silence can be based on their fear of abandonment, being overwhelmed at the prospect of involving law enforcement and the judicial system in their personal affairs, or a fear of being forced to go into a nursing home if they would report the abuse.
Elderly victims of financial abuse may also experience feelings of guilt and shame, particularly if the offender is a family member or someone else whom they trusted. As a result of these feelings, they may lose confidence in their own judgment and become severely depressed, even to the point of suicidal ideation.
Reference: Michael J. Tueth, M.D., Exposing Financial Exploitation of Impaired Elderly Persons, American Journal of Geriatric Psychiatry, 8:104-111, May 2000.
■ PROFILE OF THE PERPETRATOR: OPPORTUNISTS AND PREDATORS
Individuals who financially exploit a dependent older person through undue influence tend to fall into one of two groups: opportunists or predators.
Opportunists
Opportunists typically begin their relationship with the older person in an appropriate and trusting manner. Over time, however, whether due to resentment, repressed anger, or simple greed, opportunists come to believe they are entitled to take the older person’s assets.
Undue influence as a form of elder abuse can easily be hidden behind the mask of a “caring” relative or friend
Opportunists most often are family members, but unrelated opportunists can include housekeepers or neighbors; a caregiver at a private residence, assisted living facility or nursing home; fellow members of a church, mosque, or synagogue; and clergy, attorneys, accountants, bankers, and investment advisers.
In many cases these persons have been entrusted with the victim’s assets as an agent under a durable power of attorney, as trustee under a lifetime trust, or as co-owner of bank accounts, and end up using that access to transfer the assets to themselves.
Predators
Predators are those who intentionally seek out older persons of apparent wealth to victimize. Predators tend to find their victims by frequenting places that are known to cater to older people, such as senior centers, nursing homes, and even support groups for the bereaved. Predators may purposely obtain jobs in private homes, hospitals, or pharmacies to seek out potential victims. Predators are even known to review obituary columns for names of bereaved surviving relatives.
Common Trait
A mark of perpetrators, both opportunists and predators, is that even when confronted with overwhelming proof of their exploitation, they do not apologize or express remorse for their actions. Their responses more often are aggression and anger directed at the accuser.
■ THE STAGES OF UNDUE INFLUENCE
Assuming that there is a family member, neighbor, or other person meeting the profile of a potential abuser who encounters an older person who is dependent on others for their care, how does the abusive relationship actually develop? Based on the above-cited study of Michael J. Tueth, M.D., financial exploitation generally develops in certain stages:
✔ The perpetrator (whether an opportunist or predator) first recognizes that the elderly person is vulnerable. This observation may be based on the older person’s physical or mental deficiencies in vision, memory, speech, hearing, or mobility.
✔ The perpetrator next secures the victim’s trust and confidence by being especially friendly, considerate, and helpful. (If there has been a long-standing relationship between the parties, this trust may already be present.)
✔ As the victim grows to place their trust and confidence in the perpetrator, the perpetrator begins to isolate the victim from contact with other people (friends, relatives, attorney, clergy, etc.) who have been helpers in the past, or whose influence might interfere with that of the perpetrator.
✔ In the more obvious cases, phone calls are screened, mail is checked, and attempts by others to visit the victim are discouraged or conducted only in the presence of the perpetrator.
Purposeful isolation of the victim is a strong indication of undue influence
Purposeful Isolation
Purposeful isolation of the victim by the perpetrator is a strong indicator of undue influence. Oftentimes the victim is already living alone and generally removed from contact with outsiders, due either to physical limitations or a psychological fear of leaving the confines of home, and the perpetrator further reinforces their isolation.
The perpetrator can create a warped sense of reality in which the victim comes to regard all others with fear and distrust. For example, the perpetrator will convince the victim that everyone else is interested only in selling their home, taking their money, and then dumping them in a nursing home.
Gradually the victim transfers all their affection to the perpetrator. The victim will even lie about their condition to keep away family, friends, the police, or an investigator sent by the Area Agency on Aging’s Protective Service Program.
Manipulation of Victim
At this stage the perpetrator will begin to manipulate the victim through acts of intimidation and threats, e.g., threatening to withhold food or medicine, or cease having any further contact, unless the victim agrees to give them cash, add their name to the victim’s bank accounts, name them as agent in their power of attorney, deed over their home, or execute a new will that benefits the perpetrator.
The victim’s long-time attorney and other advisers may be replaced at this point by unscrupulous or naïve professionals who are chosen by the perpetrator to change the victim’s estate plan to benefit the perpetrator.
The culmination of these steps is that the victim winds up giving the perpetrator access to or control over their bank accounts, investments, and other assets, and making substantial “gifts” to the perpetrator or members of the perpetrator’s family.
Reference: Bennett Blum, M.D., Testimony to the Senate Committee on Commerce. Science and Transportation, Hearing on Targeting America‘s Senior, July 28, 1999.
Unusual activity in the victim’s bank accounts is a sign that financial exploitation may be occurring
Bank Account Activity
Unusual activity in the victim’s bank accounts is a specific indicator that financial exploitation is occurring. Such activity can include:
✔ Placing the perpetrator’s name on bank accounts as co-owner with right of survivorship, agent, “POD,” “TOD,” or trustee.
✔ Transfer of funds to new accounts at banks with which the victim has had no prior connection, and frequent transfers of funds among accounts.
✔ Checks in large amounts or on frequent occasions being paid to persons who have had no prior connection to the victim, especially if they are related to or associated with the perpetrator.
✔ Frequent cash withdrawals being made from ATMs, especially if the victim is physically frail and thus unable to use such machines themselves.
✔ Suspicious signatures appearing on checks or credit card applications.
✔ Bank statements and canceled checks no longer being sent to the victim’s home address.
Explaining the Victim’s Behavior
In trying to explain a victim’s seemingly irrational behavior — “Why didn’t she just refuse to go along with the perpetrator’s demands?” or “Why didn’t he take advantage of that opportunity to inform a third party of the abuse?” — some experts refer to a condition called Hostage Identification Syndrome, better known as Stockholm syndrome, which stems from an attempted bank robbery in Sweden that resulted in hostages being taken and held captive for six days. During the standoff the hostages became sympathetic to their captors’ demands to the police and resisted police efforts to rescue them. From that incident the theory has been posited that in relationships where a dominant person has succeeded in isolating and controlling a weaker person’s environment, the weaker person will tend to form a strong bond with the dominant party, even to the point of defending that party if their control is challenged by an outsider who is attempting to rescue the weaker person.
While Stockholm syndrome has not been recognized as a mental disorder in the DSM, the practical effect of the victim’s behavior in an undue influence case will often be that they will side with the perpetrator if confronted with evidence of financial exploitation, and refuse to take legal action against them.
■ REMEDIES FOR VICTIMS
What can you do if you are a relative, friend, professional adviser, or someone else interested in the welfare of an older person whom you suspect has been financially exploited through undue influence?
Reality Check. Before taking any formal action, your first step should be to make sure you are accurately reading the situation. Is your only proof of exploitation an isolated incident of apparent excessive control and submissiveness? Does your evidence consist solely of second-hand, hearsay allegations made by another party?
By the same token, it would be wrong to accept at face value an older person’s denial that any abuse has occurred when there is credible evidence to the contrary. As mentioned above, the older person who is denying abuse may well be acting out of fear and intimidation, where such denials are not inconsistent with undue influence being present.
Unlike physical abuse, undue influence can be much more difficult to detect
Unlike physical abuse, where the tell-tale signs can be observed by physical exam, the presence of undue influence can be much more difficult to detect.
Thus, if possible the older person should be personally examined by a psychologist, gerontologist, neurologist, or other medical professional trained in elder abuse issues, so that they can objectively assess both the older person’s vulnerability to exploitation through undue influence, and their specific relationship with the suspected perpetrator.
The next step would be to consult with an attorney who specializes in estate and elder law matters to discuss your concerns, and then to devise with them a specific plan for proceeding. While every case is unique, one or more of the remedies discussed below are usually applicable to a case of financial abuse involving undue influence.
Intervention by Outsiders
If possible an attempt should be made to simply break the influence of the perpetrator over the victim. If you are not prepared to become directly involved yourself, you could at least convey your concerns to a relative or close friend of the victim who is known to be trustworthy, or to the victim’s doctor, attorney, or clergyman, with the hope that they will intervene. For example:
✔ The victim could be physically removed from the isolating conditions that have bred the undue influence.
✔ Powers of attorney and other legal documents that have given authority to the perpetrator could be revoked by the victim.
✔ Trusted family members or other interested parties could be appointed as replacement fiduciaries in order to protect and recover the victim’s assets.
The problem with this approach, however, is that in a given case there may be no one who is willing and able to perform this role effectively. In addition, these actions may simply invite retaliatory maneuvers by the perpetrator, who will go back and persuade the older person to revoke any new power of attorney and return control to them.
Report Abuse to State Protective Service Program
States have created social service agencies for the specific purpose of investigating and reporting cases of elder abuse. See State Resources for Elder Abuse Reporting to find the contact information for the agency in the particular state where the elderly person is living.
For example, the Pennsylvania Department of Aging operates a Protective Service Program in each of its Area Agency on Aging offices throughout the Commonwealth. The purpose of the Program is to protect older adults (defined as those 60 years of age and older) from neglect and physical, mental, and financial abuse. Anyone can report suspected elder abuse or neglect to the Program. The reporting party may choose to remain anonymous, and the law shields the reporting party from any type of retaliation. If the victim is residing in Pennsylvania, to find the appropriate Area Agency on Aging based on the county in which the victim lives, see the AAA state/county map. (The statewide elder abuse hotline is 1-800-490-8505.) Once a report is filed, the Protective Service Program will investigate the allegations and may create a care plan for the victim. However, the Protective Service Program itself has no authority to bring legal action on behalf of the victim to stop the abuse or recover assets. The most the Program can do is to refer its findings to the local county District Attorney’s office or the state Attorney General’s office for possible prosecution, which may result if that office determines from the evidence that the abuse rises to the level of criminal conduct that they want to prosecute.
NOTE: If you do decide to file a report of suspected abuse with the Protective Service Program or similar agency, be aware that you will have no further role in the investigation. The Program, even if you request it, will not inform you of the status of its investigation, nor when its investigation has been completed, nor whether it ultimately found evidence of abuse.
Contact Police and State Prosecutors
Apart from the Protective Service Program, if you have evidence that cash or other property has been taken by the perpetrator without the older person’s knowledge and consent, you could take that evidence to the local police department, which in turn may refer the case to the local county District Attorney’s office or even the state’s Attorney General for investigation and possible criminal prosecution.
Several states have enacted statutes that are aimed specifically at prosecuting cases involving the financial exploitation of the elderly. For example, in 2021 Pennsylvania added a section to its Crimes Code that targets persons in positions of trust who financially exploit an older adult or care-dependent person. Charges can range in severity from a first degree misdemeanor up to a first degree felony, depending on the amount involved and whether the perpetrator’s actions involve a single older person or are part of a course of conduct involving two or more victims.
A notable feature of the Pennsylvania statute is that it authorizes the Pennsylvania Attorney General to investigate and prosecute cases where the amount involved exceeds $20,000. This should result in a significant improvement in the enforcement of the law, since historically elder financial abuse cases have been handled by the local county District Attorney offices, which often lack the resources to properly investigate and prosecute these cases.
Bring Civil Action Against Perpetrators
Given the uncertainties of criminal prosecution, in many cases the most effective remedy available to the older person who has been victimized by financial exploitation is to engage an attorney to bring a civil action against the perpetrator on the grounds of undue influence, and possibly misrepresentation and fraud. The action could be brought by the victim directly, by their agent acting under a Power of Attorney that authorizes the agent to commence litigation, or by a Guardian of the Estate appointed by a court for the victim (discussed below).
After the victim’s death, the case could be brought by the personal representative of the victim’s estate.
The perpetrator’s employer might be liable for the victim’s damages
Regarding potential defendants, such parties would obviously include the perpetrator(s) individually. In addition, the perpetrator’s employer might be held liable to the victim if the facts would show either that:
✔ The exploitation occurred during the course and within the scope of the perpetrator’s employment, or
✔ The employer acted negligently or recklessly in supervising and regulating the activities of its perpetrator-employee.
Types of Relief
The remedies that could be sought in a case of financial exploitation resulting from undue influence would typically include one or more of the following:
✔ Request for an accounting
✔ Demand for return of assets and setting aside of conveyances
✔ Request for an injunction “freezing” the bank accounts in which the victim’s money has been placed, pending the outcome of the litigation
✔ Imposition of a constructive trust, and
✔ Demand for money damages, attorney’s fees, and costs.
Consult with an attorney as to the specific remedies that should be sought in a specific case.
Guardianship of the Estate
As discussed above, as a preliminary step to bringing legal action against the perpetrator, a Guardian of the Estate may have to be appointed to represent the victim’s interests. Any person who is interested in the welfare of the victim has standing to file a petition with the Orphans’ Court in the county where the victim is domiciled to request the Court to declare the victim to be an “incapacitated person” as defined by law and to appoint the petitioner or another party to act as Guardian of the Estate.
Once appointed by the Court, the Guardian of the Estate could commence legal action against the perpetrator and possibly others on behalf of the victim.
Will Contest and Other Legal Action by Heirs and Executors
If the financial abuse is not discovered until after the victim’s death, the victim’s heirs can contest a will that was allegedly obtained by undue influence or possibly seek to recover assets that were wrongfully conveyed during the victim’s lifetime.
As discussed above, the personal representative of the victim’s estate will also have the right to seek recovery of such assets.
Hi there. This article sums up “in a nutshell” exactly what has happened with my mother-in-law. The stages of elder financial abuse/undue influence are exactly what ensued over a period of two years. My husband, myself, and our two sons were completely eliminated from my mother-in-law’s life and legal affairs all over a piece of property. I wanted to thank you for summarizing exactly what we are experiencing.
Hello,my father was persuade not even one month after my mom passed 2005 to take out money loans on his house.And also my younger sister that moved her and her family to live off my dad,made a fraud of Will which was denied to be dismissed.Is there anything I can do .Dont have money for lawyers.My brother is running out of money contesting this will.The sum of money loans are in hundred thousands since 2005-2012 when my dad passed away.
My brother and his wife, (who was his mistress of 5yrs)fit the predator criteria to a te. But my father passed in 2015, and I knew nothing about any changes to anything pertaining to finances, health, ect, until my father passed. My brother and wife would not let me even visit him for 8yrs, of course by then they had spent, squrriled away, something, over 1/2 million dollars. Then to top that off they had my 8 yr old father sign over Everything, the entire family trust to them.
How was it not one single person named in that trust was not notified of all the large sums of money going to one person, in such a short time frame. Especially when that person is not even married to my brother a month? I’m not talking nickels and dimes, I’m talking $53,000.00 then $30,000.00, then $307,000.00.
Does this not raise concern?
I want to have the two of them prosecuted to the fullest, this kind of thing should never be allowed to happen, the problem I’m having as well a many others, is of course money. My brother is a con man man, a manipulative, greedy, heartless, person. The worst part is we Trusted him, he was my brother, my father’s son. He seems to take pleasure in our suffering. They both do. Please can’t anyone one help in prosecuting these two monsters?
G.E. CO
How does this happen so often? I’m 50 yrs old. I have spent my life beside my father on the farm, his trust in me to make me executor of his and mom’s trust and to divide the farm equally among three siblings. There is a fourth and oldest who has done nothing but run up debt over $100,000 Dad bailed him out of jail and debt over the years. One month after dad died, mom sat us all down and confirmed that I was executor, and the estate after her death was to divide among 3 of us, the fourth nothing, as he had already gotten so much. Less than another month, everything changed. This deceitful criminal, I no longer consider family and his accomplice, our sister, who has screamed at mom her whole life, we feel mom is scared of her, convinced mom to change all dad’s wishes, turn mom against me and my children, and execute another document giving him the largest part and the rest to be divided 4 ways. He can’t have anything in his name, back taxes and liens, it will instantly be taken. I don’t know what to do. They won’t let anyone talk to mom without one of them being present. It has been witnessed by others, their bad mouthing and lying about me and my son, what bad people we are. I live quite well without anything from her, never have asked for anything or expected it along with my other brother. Now its just the fact that I don’t want these two psychopaths to get away with doing this to my mother, my fathers memory and the emotional toll they have taken on me and my sons. Mom is still alive, and not considered mentally incapacitated, other than being brainwashed. My lawyer said there is nothing I can do, if she did this willingly, so now I just have to wait until they bleed her dry, to prove what they’ve done and it will be too late. My hope now is to wait for them to put her so far in debt, she will have to sell the farm, I buy it at a much lower price and take the pleasure of telling them if they ever set foot on the property they will be arrested or worse.
It is about my sept mother her husband Clifford R. Laguff died in 2006 in
P.E.I Annie his wife was very well off because sdhe got all his land and money
she deserved it. It was all taken away from her 6 mouths after her husband died by her caregiver(Bob Insley and wife) she had two illegal POAs POAis not to take ownership of her land or money or give it away for under market value but Bob got for $1 dollar from mother to son but he was given at birth by Clifford Ŀaguff So Annie did not know him until Igot Bob and Cliff back together after my wedding 1981. He went to be with her to help. He and Cathy Russel her daughter that nobody knew. we found out when she was born she weas put out for adoption. So the two got together and took erverything she had aftyer her death. POT are to let her family knew. Annie and ı where very close all the time.
I had a very bad accident in 1968 and i was married a girl with CP so with my dissably and hers we couldnot help her but i thought that bob would do her will because he had his own contractor company in Cherry valley Picton and his partner In crime Paula that is admistor at HUMAN RESOUCE OF BELLEVILLE
WHO IS THERE TO HELP PEOPLE not to rob and to convine fellow human to missory this really blacken their name
I like this article a lot. I’ve been looking for something exactly like this and I believe I’m going to hang on to it because I suspect this is happening in my mother’s life. The problem is it’s only a month-and-a-half into it and no one sees any of the red flags except me. It fits the profile above so well. In fact I have tried to talk to my mother about this several times. The interesting thing is she’s brought up 3 times me being afraid I’m going to lose my inheritance (really – I had hoped mom would use what little she had on herself. – she earned it, not me) to her female roommate who is my age. I heard the name twice at most in the past and have always known my mom and dad friends. Dad passed 3 years ago. Mom says they have known each other 15 years, which brings betrayal thoughts to mind, but is off subject here.
There are many more things in these short 2 months but again, no one sees it but me.
Mom will be leaving to see her sister for a month. I asked if she might consider putting a lock on her office door – she said no and she wouldn’t need to do that. I reminded her it might be a good idea – she thought I was too paranoid.
You can imagine my frustration at this point. Would it be kept confidential if I voiced my concerns to her bank?
My son was added to my deed by misreprentation of getting a equity loan. No loan was ever done. My son now is demanding 100% from the sale of my home which i bought and paid for it by myself. Iam 62 yeats old.What can be done?
Thank u in advance for any help
My Brother and sisters are going through the same experience.
Did anyone Get any solutions or take legal actions that were successful in bringing the perpatrator
To justice?
Do you have a very good referral for an attorney in the West Palm Beach Fl area? I need to speak to one immediately. Thank you!
I want to know what the [blocked] all you attorneys and law makers are doing sitting on your fat asses reeling in all the big money and shrugging your shoulders as you pass another dumb [blocked] client off to your other attorney buddy to be raped of his life savings. This [blocked] is not only happening everywhere and all the time, but it is an epidemic at this point. you would think, with ssooooo many smart attorneys out there, that one of you corrupt bastards would grab your balls and litigate law in such a way that AT LEAST THE LAST WISHES OF THE DYING ARE DELIVERED UPON!
Im just wondering how many of these cases where the perp is found out early, gets what he deserves via the other family members outright murder of the perp. These people have no place upon this earth.
It’s high time attorneys stop wasting their time bull [blocked] everyone and they actually begin to produce a [blocked] system in which truly delivers upon the deceased last wishes, will and testament. WHat the [blocked] is your peoples issue? Look at the air traffic system we’ve built. At any given moment there are millions of planes in the air and 100’s of millions of people. Quite right, we should be seeing planes, people, and body parts falling from the sky all -the time…. but WE DON’T! And do you know why? Because the air traffic system is a spitting example of how really good humanity can do something if they place their hearts and minds to it. IT IS TIME THE ATTORNEYS DELIVER A SOLUTION WITH SOME INTEGRITY LIKE THAT OF OUR AIR TRAFFIC SYSTEM. Should you attorneys not deliver on this, watch out, because you all will have the roughest after life you can imagine possible. You see, after you die, you will do a life review of all your memories. Key is, you will go back and relive every memory you have, only you will do it feeling the way you made others feel. So attorneys, if you do not deliver a solution, look forward to spending an eternity in your life review, as you will have to relive many, many instances in which due to your lack of integrity, you will be forc ed to feel they way you have made all of us feel.
Live by the Golden Rule baby!
Unfortunately, law makers, doctors, and authorities do not care about the effects emotional effects of elder abuse to the elder or the family members. I filed a complaint with APS advising that the elder had a cognitive impairment and was being isolated, intimidated, manipulated, coerced, and financially exploited. Six months later the elder the abuse continues. I was informed by an attorney that the governmental agencies only care about the financial exploitation in hopes that the elderly person abused won’t have to rely on government assistance. The last time I called APS I felt I was being treated as a perpetrator and enemy. My major concern was how the emotional/financial exploitation was affecting my elder family member. UNBELIEVABLE!!!
My father died in 2000, in 2011 my mother suggested she sell her large property to move closer to me and my husband. We ended up sharing a house together, the three of us. I was told that the house would be my forever home and would be left to me in her Will or even transferred to me before she died. Mum remarried last year after a short courtship and moved in with her “predator” husband. Mum now says she is selling the house and I will get little or nothing from it. She had a small stroke shortly after getting married and has been somewhat erratic since then. She uses strange phrases which can only have come from her husband. I barely see her anymore. I saw a lawyer but he said there really isn’t much I can do as it’s her house to sell. She doesn’t need money, it’s pure greed and I feel absolutely abandoned by her, after looking after her for all those years I’ve been cast aside. I can attempt to claim unjust enrichment for all the money we’ve contributed to the property over the years but I can’t afford the advocate fees.
It is ridiculous that this manipulation and undue influence of the elderly continues happening! It’s usually done by a greedy selfish sibling no less. Elderly affairs does nothing & you don’t even know if they investigate it. The police do nothing saying it’s a civil matter. In the meantime, siblings with POA are stealing the inheritance of their other siblings!
Call a lawyer & they see dollar signs! Also the unscrupulous lawyers that are allowing greedy siblings to amend parents’ trust in their favor is overwhelming. The states need to take a more active role in undue influence to remove POA/ trustees!
Having the same problem here in England. My father died 12 months next week, in this year investigated myself, a unregulated will writer got him to disinherit all the family ( we were having problems with his care , trying to get help and support he ended up falling out with us. ) the will writer reinforced is paranoia, got him to leave his house to charity, put the property in a trust, made himself the executor, nominated himself as a trustee when my father dies, wrote his own checks out for the cost of the trust, £2665 , applied for a copy of my mothers death certificate as her name was joint on the house, no trust deeds in the house, asked not to be sent to my father, my father asked for his house back as he changed his mind and had no money , he was told you can’t have it back you’ve gifted it now. Now I’m fighting myself to expose this , but no one wants to know!!
What is one to do when the executor is not only a beneficiary, but my sister and she IS THE PERPETRATOR!!!!
I do not have the funds to stop her and she knows it. Dad had another will written putting me in power. Within one week she had bullied him into changing it giving her the poa and executor. The attorney he hired on his own has said he will stand up in court and tell the judge that my dad told him “he knows his daughter is stealing lots of money from him” and that “he, the attorney knows my dad would have never signed anything putting her back in power without being pressured into it” my sister and her attorney also claimed my dad was incompetant, he was not. Still lived in his own home (which i wanted to buy but sister refused me and sold it out from under me) he still drove and had full access to his finances. The problem was so did my sister.
She had him on a black box warning phycotropic “to control his behavior” she said. His demeanor was very loud and yelling when he realized she was stealing thousands. So she used pills to dope him. He fell. She put him in hospital then nursing home (the worst one in the area) took ALL his medication away, diabetes too and he died. Before he passed, he told me he was ready to go home. (To his house not to die) that was the last i talked to him. When i asked my sister about him retuning home she said “he won’t ever be coming home” this is because two days after he fell she separated two lots one with the house the other vacant (both 2.5 acres) and sold the vacant lot!! She’d been fighting with dad about this for years. Dad had just said the month before to her “it us mine not yours and i don’t ever want the properties to be split.” Abused the POA several times.
Had dad write three $9000 checks to buy her a new car in a year recently.
Had him pay $11000 toward her mortgage
3 full on weddings very expensive
Trips to mexico Hawaii akaska
Monthly draining of his checking account.
She has said “you cant touch me and i dont want you to get anything ”
Probate opened 8/6/2018
Washington state
What am i supposed to do??
This is only a tip of the iceburg..
I think the laws and powers to be have it all rigged so the elderlys’ finances and assetts can be easily handled by nursing homes lawyers etc therefore leaving a sketchy accountability to all therefore families’ are affected by those with similar traits of greed . Obviously, if the government wanted the problem solved they could but as EEOC, unemployment, DHS, none of the governing agencies are effectively problem solving and most elderly don’t find out until their assetts are drained . My mother said she knew her daughter was “blowing all her money” to my surprise apparently the laws are so as to allow this type of thing, and coincidently she took both parents off all meds allowing them to die despite this not being in their wishes. In my opinion this is no different than the Menendez brothers murdering their parents for their money only smiling in their face and pretending to care makes it cruel. But God’s not dead.
My brothers first wife whom were married over 30 yes ago and less than two years if marriage found out that I won a lawsuit for my mother. My father was atomic vet All of a sudden she was hanging around and telling my mom she could not pay her bills etc. As the last year went by she stated getting her meds saying she was saving her money etc. My mom it turns out has been paying her. Bills for over a year. In July she had to move ,mom asked could we let her put her junky motor home here. She was suppose to be moving to her niecas in Montgomery county.mom got the lawsuit money she made sure she got there. I got . 2000 dollars monm gave me for a car and came home. Later that nite I called and she kept saying I just got her asleep an other excuses. The day she put her rv here she said to me don’t you think I deserve some of that money. I said no it is for the family. My brother had been married for 25 years to his wife . This woman has been married for around 15-17 years to a guy named David. They were divorced a few years before she started hanging around . As the past year went buy mom was defending her and paying large amounts of money. She either rented her a place or rented her a house. mom’s health started going down drasticly.mim was upset cause she kept asking for money . She was whith her when both attacks stroke happens. We found strange meds. At Mom’s and later my brother. Told me she had my mom put on life shuhppjort without contacting me or my brother
I feel that she. Did something because she got really whacedikut
Can I have her arrested for saying she was my mom’s daughter? This is fraud! Help
I suspect ,I know a woman who was married to my brother over Thirty years ago for 3 years. She had e remarries so has my brother. My father passed and I filled a suit atonic vets. And got 75 ooo.oo dollars for mom. As soon as the woman fond we had one the case she started hanging around and then all of a sudden she is handling mom’s medication. Saying she was the only one that could get her meds. My mom said she had been paying her bills. Mom passed Feb. 25 and I found an investment company that she had orhas account with orcsomene opened one in her name. I found meds that the labels were different than her normal med lables from Walmart. These are way different. I found a 10,000 dollar recipt for an RV. Mama bought a real nice one and payd 22,00 for it .before she passed she had the first stroke . I saw her and she was resly yyset she kept telling me that this winan kept telling the hospital she was her daughter. My mom said she kept telling them she wasn’t and she didn’t know why she doing this to her. A few day later she was again with my mother. She supossedly had another stroke. I was not notified for 24 hours. my brother was not notified right away and he lived real close to the hospital the woman took her to she knew how to get in touch with everyone . She has warrants and know valid driver’s license. But the hospital let her put money on lifsupport machine. She toild they she was her daughter. . That is fraud I want her prosecuted for claimimng to be a family member and a daughter to do something my mom never wanted . Can’t I do soothing about this
How do I get help? I cannot handle another year. I haven’t money. My spouse me talked into adding him to all I owned and all joint. My spouse was supposedly broke. I cashed part of my retirement to help start a small business, then claimed he stopped. Cashed my employment check handing me $50 for 2 weeks, my allowance. Early on took out a loan, I signed. Later I found out it was a Home Equity Loan. I became disabled and deemed so by an ALJ. The spouse sold my Grand Marque. I never seen a 2002 Severance check or knew of one till 2018. Ended up confined and had to depend on him to take me to all medical appointments. I was isolated from family and friends. My Retirement during marriage was used during marriage. Spouse always demanded cash, plus help for his dogs and drag racing. My Savings and stocks gone. Found 6 months before or during separation in 2014 was 3 more mortgages, tax warrants for his business, annuities, IRA’s, 401k, and more, everthing is unknown. Judge ordered between Attorney’s to divide. Judge quashed Subpoenas. There was absolutely nothing my Attorney did. I have lost all my dignity. The judge seeing joint documents denied, stating not enough evidence. My attorney did not inform me, but coerced me, told me horried things and how my spouse had damming evidence against me. I cannot help the way I replied as my counselor just stood and staired at me. I did not understand and to upset to hear what was said to comprehend. I was the problem and robbing my spouse due to my diseases. (I paid) I have chronic medical conditions. Even Appeals Court denied. My life is destroyed. Ahh where is the mortgage money????
The only hope I have is cfpb that is now investigating. I was told I was never joint on any of his accounts. So why are they on my credit report and why is my name on mortgages I did not sign and a waver? Maybe more. They are still investigating. I filed a grievance. No money for malpractice case. I HAD NO MORTGAGE OR LOANS BEFORE MARRIAGE. 15 yrs. This is just a part of abuse and financial abuse and undue influence. The house I upgraded 40 yrs ago depreciated more than half and he was awarded.
Everything said is exactly what happened to me in a new marriage. And then I became disabled. I had no help! My own Attorney did absolutely nothing. And had my husband testify against me in court. (1975) I Owned property with no mortgages and no loans prior to marriage. He placed mortgages on property. How’d my name get on those? Plus a waiver on some retirement? What did he do with the money? I gave cash for a small business he stopped, but 13 yrs later he still had some type of business? My retirement was used and savings because he was broke demanding cash. I was abused and isolated. Now divorced, the Judge or Court doesnt care about the hardship or if I end up on the street. All his IRA’s, 401K, joint Stocks, Employer Retirement, Property & 4 vehicles he keeps. But he graceously gives me 17%. This amount is assumed. I was coerced by my Attorney. I had No evidence said the judge? How do you get evidence without subpoenas or if all is paperless? Or your Attorney does not care? I never thought the Judicial System would treat someone disabled with chronic medical conditions so horribly. But then my Attorney did not request my medical records nor want the letter from the ALJ. My EX also used medical bills stating he paid. Which ones Ive not been shown nor evidence. I had employee insurance, short & long term insurance and Medicare. Plus contracted payments. There was an appeal, that Attorney omitted my disabilities. I entered a complaint on the former attorney with evidence and affidavits. One of these called the Attorney Generals Office. I believe my ex’s Attorney was a conflict of interest as the Attorneys brother was our Primary Physician and my Ex was attending 95% of all my medical appointments controlling everything said and I not able to speak.
I was told to start over!!! The Judge listens to this and the garbage said. Why a lower court? Changed at the last minute. And left the Attorneys to decide the division and my fate? That’s against my legal rights how I am to live, maintain myself, surgeries upcoming, my appointments, vehicle, visit my family, friends, live where I want (I had my home of 45 years) County Clerk Told Me to Go Live With One Of My Two Daughters. Very funny. She paying to move to another state?
I am totally depressed and humiliated. I have lost all I accomplished. It is and I am distroyed and nothing left for my children or their children.
I am dealing with a situation in Ventua with a housekeeper taking money from my mom and other residents. Im not sure who to contact and how to get a investingation going.
My brother is abusing our parents and me. Hes alienated the entire family, and put everyone against me, now he “tricked” my disabled mom and moved her into a Assited living against her will. He told her it was a Mexican Restaurant and left her there for good. My dad who has advanced Alzheimer’s and brain cancer is being manipulated by his son to do terrible things. He’s broke up the entire family all for Finanical Gain. The Assited living my mom is in is the second cheapest in all of Orange County. My mom has more than million dollars to live off of But her son wants her in the cheapest because more money for him. My dads doctors are extremely worried and don’t trust my brother. He took me off and my mom, dads wife of almost 50 years of knowing Any Medical info. All of my dads docs have contacted extremely concerned.
My neighbor had his granddaughter sign his house over to her and he is 85 And needs the money to live on as his daughter died. We live in Arizona. Thank you
I was my friend’s POA, and she had dementia.
I have been caring for her since 2004.She died a year ago complications from a fall. She had AD&D insurance from her credit union.
She told me about it and I mailed it.
There were people trying to move her out.
When she went into the nursing home all of her papers were accounted for except her will and that one insurance policy.
She told me she made me the beneficiary of that policy.
I turned in all the documents that only her POA could acquire and found out someone else is the beneficiary.
30+ days ago they were paid out the policy…
$150,000.00.
Do I have any recourse, and can get that money back?
I paid the premiums, had her buried and paid all her debts.
My brother in law recently passed away and left my disabiled sister alone. He handled all the finances and she had no idea what was going on. I live over an hour drive so it was hard for me to get to her. But her husband’s niece volunteered to help her out. With my sister being in a wheel chair and can’t drive she trust Robyn to pick up her medications and the grocery store.
Robyn ended up using the atm card for her personal use. Going and eating, fill her gar up with car, to the car wash, her boyfriend was in prison and my sister’s account paid for his boyfriend’s phone calls. Once he was home Robyn purchased him a motorcycle on my sister’s card. My sister got susupisous when a check came to her house that car insurance had been overpaid. Robyn was trying to put her and her boyfriend on the account. So Robyn put a few deposits back in the back amounting $2.300. She said it would cover what she owed my sister. She paid her cell phones ( my sister doesn’t own a cell phone). She used for her personal things Fredericks, Walmart to name a few
First of all the bank never filed an SAR REPORT. Maybe the police department would take it more seriously if we had a report. I have a total of $30,000 she took from my sister after going through all of her bank statement. Police have her address. This is grand theft but they choose do nothing and all the paperwork I had to send to consumer’s the police still have all of it.
Commenter Robert is right. I can’t believe the problem, as widespread and prevalent as it is, has no real remedy. My dad fits this story too, and Stockholm Syndrome prevents him from taking any action against the perpetrator. I’m also ticked off, to put it mildly, at the bank for giving a long term mortgage to an 83 year old who most people suspected of having dementia. All they care about is money. I’m calling the local newspaper to let them know what happened and the devastation the predator caused. Hopefully others will be warned but it’s not enough- laws need to be put in place to prevent and stop this and for recourse to be taken that brings satisfying results.
My friend’s Mother is 93 yrs.old and is a victim of financial elder abuse. The brother and his son have been controlling and changing the Mother’s trust accounts, power of attorney for assets, etc. My friend needs an Attorney referral for the san Dimas area of Los Angeles county. Please send a name of one. Preferably a woman. Thank you and God Bless.
I had something similar happen to me a little more twisted. My mother growing up in the depression kept her money in $100 bills in three bags under her mattress the rest in another room. My older sister new about it when her and her husband moved in. I traveled a lot and her and her husband used to harass me about they going to take the cash and I can take the home She all of a sudden had extra cash living at home bought a $900 cost and $350 ski jackets for her husband and child and had money for inventory to start her flea market jewelry store. My boyfriend into computers told them about micro soft which her husband invested. I became a flight attendant then later became a bartender eventually opening my own bar. I’m not wealthy as my sister became but I was always happy with my freedom to do my dreams and able to fulfill most of my dreams. Sometime money controls people. My sister has not very often help her family including her own children her mother in law didn’t like her and with her mother in law not liking her she would buy expensive things for trying to buy her affections. Eventually after 35 years of marriage her and her husband divorces both with new boyfriends and girlfiends it was approximately even years ago my father removed her from the will he felt he helped his children and she should help her she got tired of her throwing her money to her friend and her expensive taste. I the youngest wasn’t lucky in love and lived with my parent 37 out of 57 years. I enjoyed their company we were very close. My sister mocked me for this. Her son was living with me parent for about 7 years him and his mom started drinking together heavily then my mom and dad had their very first accident. They were ok a girl was speeding down the road back road and mot mother saw her flying to late as she pulled from a stop sign nobody was hurt but from the girls speed she spun around taking down a telephone pole My sister started acting really strange like I was up to some hung started accusing me of things I had no clue about then the day her son was moving out she truck my mom tried to trick me that day and did regarding my dad bug bite in hissrinach Washington blood poisoning my mother then ran him in the emergency room. Since I lived closer to it I went over to emergency room and waiting with him. My mom must of felt something and ran back to catch my sister and her son running out with her bags of money. My sister stole over $400,000 My sister first lied it was her sons white shirt and then later told my mom she would return her money told my mom she didn’t want me spending it foolishly. My mom asked to move in with me and so they did. We called the elderly group because our lawyer couldn’t really do anything. My sister and her son continued to go back to my parents home I still have voice messages I’d neighbors seeing big trucks come from out of state and continued taking their stuff. We finally had to get a detective who had me writes certified letters to each of them not to enter premises and to change the locks and liquidate which we did had a bad auctioneer who didn’t do what I wanted didn’t want to do what I wanted little by time he did everything st once my sister called the elderly group same one we called ten months ago and lied to a new girl who stalked us by herself twisted everything I told her had me cry ever time she came. A week before the house got sold in auction she took my parents away. It was not fun trying to find a lawyer. Not this kind of lawyer not this area. Thought I found one who waited until the last minute day before the hearing I didn’t get any info on either of the change of dates and he cancelled on me. I was devistaed dudnt know what to do. After on a friend of mine told me you can get what was said at the trial. And I nearly exploded all lies lies about my dads doctors lied about my doctor telling me I couldn’t take my mom to kmarts what doctor ever told a patient they couldn’t go to kmarts. Lied about everything and I have proof. Lied I took my parents to doctors when I good and well pleased. What is with liars and thieves. They lie you are just like themselves my father duedvinjan my mother is still in thus piss hole of a home a jail. My mom and I went everywhere together. We had fun now my only family in life is half gone my inheritance is gone. And these liars are walking around happy they won. Over here here peoples lives we didn’t bother anyone we were happy
My grandfather remarried while grieving the death of his only son 3/25/2015, a week after he passed 4/2/2015. My grandmother he was married too for more than 40 years passed a year before that 2/12/2014. The new wife drained his accounts, stocks, bonds, everything in which my grandfather’s late wife had set up because she always took care of the finances and bills and important stuff. The new wife pushed all family out and changed the number. Would leave him for hours and days at a time with no food or money knowing he is a diabetic. We have had the Reed Rd properties on the waterfront in our family for generations which was supposed to be passed to my father, whom passed before my grandfather, so my two brothers and I were next of kin. My grandfather didn’t even put my grandmother’s name on the deed, his first marriage (my father’s mom) was listed all the way until the day before the new wife had him list her. The new wife changed the phone number that’s been the same for over 30 years. Banned me from going down there. Banned my brother and his wife. My Grandfather started getting noticably weaker and more disoriented, not eating. I called the abuse hotline and someone went out there and the new wife started taking him with her more but not every time. Put on a poor old lady front for the investigator. The week she moved in, she trashed all of my grandmother’s things, and my grandmother was an antique collector.. come to find out after research, the new wife sells antiques. The day after my grandfather passed, she was throwing his stuff out. Didn’t give anyone a chance to come say goodbye before signing the papers to have him taken off of the breathing machine. Wouldn’t do a memorial for him. She gave everything that was supposed to stay in the family to her step son and her other kids. A week before my grandfather “fell out of bed” he told my brother he didn’t know where all of his money was going. The night he fell out of bed, the wife and hired help for yard maintenance put him back in bed when he knowingly hit his head the first time, had dry blood on his face when an ambulance was called for the second fall not even an hour later. This woman has already sold the house and has a lawyer to take the rest. When I reached out to adult protective services, the first time, they were supposed to keep him safe.
that’s very thorough. I have copied the pages and I will be helping my father with these simple steps. He was tricked many times by someone that I never liked and never trusted . This man only came to my father when no one else was around… sick and sad !
I too went through this. Me and my mother were targeted by a crime ring, foreign woman who worked at rehab centers and she is absolutely a pro, posing as my mother’s housekeeper (after mom being released from rehab w/ a broken hip and targeted to be hired from rehab to mom’s home) being paid $800 a month (and later $3k a week) for changing sheets and cleaning a very tiny apt!. I had no clue what was happening, as my mother was starting to act like I and her friends were enemies. Mom “stole $ from me”, by closing out MY bank accts I’d had her on….and her demanding I just give her what I had outright…I stayed away from my mother her last 3 years, because it seemed my mother wanted me dead to get what I had…We were excellently played…These people stoop to everything to get $ and that’s all that matters.
I know when mom had been cremated without my knowledge and all her belongings gone forever, and her car stolen, that woman on her bank accts, and on a Will that is totally proven as forged now, I had to come after the crook. I have lost my house, my savings coming after this crook, and I WILL NOT STOP. How that criminal woman found a lawyer who has done nothing but lie about me and mom’s relationship is astounding. The crime ring is paying for it, while I meanwhile pretty much have lost all I saved for decades. I’ve had the death threats, the taking over of my emails and phones whenever the case gets closer to court dates, and I can tell you, these people are ruthless. I wonder if I’ll even be alive when we prove this woman lied about everything and the entire ring she was in charge of are proven guilty.
My brother was married to this woman over 26 years ago for only 2 years. He remarried and was married to his 2nd wife for21yrs. She passed away . About 2yrs. Ago I won a case for my my mom . She received a large amount of money. When we found out the courts favord the claim, my ex sister n law whom is no relation to us started hanging around my mom. Later I found out that mom had been paying her bills. Mom died Feb. 25 this year. She was supposed to have had a stroke , the death certificate has cerebral hemmorrage . She had a mild heart attack and mini stroke a few weeks before. Both times she was with Pam the ex wife. For the past year and a half mom was getting really bad bruises on her. Etc. After my mom got the money Pam ke poo t ansewring her phone saying she was taking naps etc. When I would say I was on my way down there Pam would become angry and demand to know why I need to come see my mom. I got pissed. To make this long story ,shorter… It seems somehow her inscuance was called and I had payed it in January. Now I found an investment firm that was opened or transfers in 2017 or2018. My mom went and rented this witch a place to live. I believe she bought her an RV. I took my birth certificate v,mom’s death certificate mi I’d and social security card up to the firm. The guy won’t give me the company or account where the account she had was transferred. What do I do? I believe Pam was abusing my mother and hit her when she died. She also put my mom on life support Wich was against her wishes. They also had Pam as next of kin.what can I do.
My mother has been approached to sell her property in South Carolina for pennies. She is 87 years old. I am concerned. That she is being victimized. Thanks for your help.
Have a situation in Orange county woman worked with attorney what do you do then?
What a remarkable string of stories. Since there is little recourse and few people actually care I appreciate being able to share my story, not only as an odd form of comfort and solidarity but also as a warning to those reading who may have the opportunity to stop this before it gets out of hand.
In May of last year my mother was diagnosed with terminal cancer and given only a few months to live, dad had already been gone for a number of years. We had never talked much about what would happen after mom passed but we were all aware of a will she had. The will was pretty simple and straightforward essentially splitting assets evenly four ways between my daughter (her only grand daughter, GD), younger sister (YS), older half-brother (HB) and myself. The assets were relatively modest; a small home, new car, bank accounts and perhaps a CD or other type of investment. Funeral expenses and other bills were to be paid up front.
Originally I was to be the executor of the estate upon mom’s passing however she became upset with me at one point when, ironically, I felt that she was allowing GD to take advantage of her emotionally and financially. As a result she subsequently placed YS in charge although the will remained the same. It’s important to note that there was not any high drama within the family and everyone felt comfortable and trusted each other overall.
After the news of mom’s diagnosis YS left a new job she’d just started and traveled from two states away to stay with mom ostensibly to assist and spent whatever remaining time there was with her. On the surface it seemed like a good thing, I live two hours away and the rest of us couldn’t as easily just up and leave our jobs. Soon mom was placed full time into hospice care, she was losing an incredible amount of weight, couldn’t move on her own and her cognitive and speech abilities became severely impaired. We came to see her on weekends and any other chance we had to spent as much time as possible with her while we trusted YS with her financial affairs and obligations.
Mom rapidly deteriorated and in late September she passed away. Although there had been some warning signs we didn’t dispute the way in which YS was handling things and trusted that she would be forthright, obey the laws and do what was right.
That was our mistake.
We helped go through things and pack. Much of the home contents went home with YS while other stuff was donated, given away or otherwise disposed of. The home had some repairs and was listed for sale. The car had long since been driven back to YS home by her husband because “it needed some miles on it”. I was bothered by that but felt powerless to do anything. Mom’s body was donated to science as per her wishes, a funeral was held, we grieved and still deal with our sense of loss but returned to our lives and responsibilities.
We waited for news about the estate……….and waited………..and waited, but nothing was forthcoming except for an occasional story about how she was looking into this or dealing with that. I discovered the other day (early in August) that the house had been sold three months ago. At that point I was pretty upset and tried to get some information from YS only to get snide remarks and smug comments.
At that point I knew it was time to start checking into things and try to find out what was going on. For the last couple days I’ve been pursuing this and made some remarkable discoveries. It turns out that YS never even filed the will with the probate court. It seems she’d skirted past all that by getting mom to sign over all the property to her while she was dying in hospice! That way there wasn’t even anything left to file an estate over. Now she is lord and master and none of us have any idea what her intentions are. She’d essentially swooped in like a vulture, managed to confiscate all the property and clean house while making chumps of all the rest of us!
https://www.law.com/dailyreportonline/2019/06/26/jury-finds-daughters-used-undue-influence-over-father-in-3m-estate-fight/
I need to know who I can call because my mother is lying about watching my great grandmother and not taking proper care of her please find me a number I can call …
Iam going through this in oak hill, ohio and i need help. This is a big conspiracy that has been going on through generations. I feel. Like my ex husband william charles and brother spencer has hurt people i love and their families all around me and now iam heather ramse tackett by citizenship and face iam not. I feel like iam princess diana. Can someone please help me. 740 2083371. I have an old bible that was my father woodson ramsey gave to me and its the holy bible jkv that says william and heather from my uncle tommy ramsey and sheila kuhn.i feel like iam being held prisoner with no where to go.
Below is a link to a chronicle of my late father’s fatal abuse. He was the victim of a lawyer/judge. The entire state government is a network of cronyism. I certainly do not mean to advise anyone to do or not do anything, but people should be aware of the actual consequences of reporting or litigating elder exploitation. Many states mandate the reporting of suspected abuse to authorities and attorney disciplinary bodies pretend to enforce rules of professional ethics. Do not assume any laws or rules will be enforced. Do not expect confidentiality but do expect retaliation.
https://drive.google.com/file/d/1iaxMIqP7JBa6NA5cMDrWbYS6Jq7s4KhU/view?usp=sharing
Heads-up that a dog walker in Lincoln, California ingratiated herself into the life of an elderly man that he ended up passing away and his will designated her as the sole heir. In another case in the same area, young man visits 70 year old woman for “free” after he gets paid to walk her dog one time through Rover.com. The young man brings his own dog to elderly woman’s house where young man’s dog attacked and tore ear of elderly woman’s dog. Elderly woman pays for everything and young man goes over there three days a week to “help her out”. He lives with his mother and quotes bible scripture. So, that makes him okay per the elderly woman. Whew!
Adult Protective Services failed my Mother. I confronted ex-sibling for his charges on our deceased Father’s credit card and using our Mother’s money to pay down the credit card. I was then banned from ALL contact with my Mother. I reported to APS and provided them with copies of credit card statements. APS believed the 3 perps over financial documents. Three months after Mom was forced into nursing home the ex-sibling owns her home. I want to sue APS, the attorneys the perps hired to represent Mom.
The Justice System FAILED!
Have a 68yr old sister liver failure
Has a friend I believe has convinced my sister to give her money to buy a house in which this person put mortgage in her nieces name. This woman is going through divorce & by listening to her verbalize situations am very suspicious she has & was along a Preditor
I am my sisters brother looking for help this woman doesn’t convince my sister to continue to spend her savings on her
Can a Grandson file a Petition on behalf of his Mother, who is a Heir to a large estate because she doesn’t want to report it or challenge her brother and sister(also Heirs) who have never given her her inheritance. It’s been almost 10 years since a Testamentary Trust was supposed to terminate and Distribute. They have subverted the Trust and have never paid her. It was to end on spouses death. It’s been 9.5 years. Well over a million dollars she has lost so far
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I need help finding a lawyer that will help pro bono for the time. My neighbor and good friend has alzheimer’s. He was in the early stages when a so called friend asked if she could stay with him for 3 months until she could find a place. After 3 months she moved in her boyfriend. Now she is taking over everything. She befriended me I guess because she thought I wouldn’t cause waves because we were friends. I noticed at first she would do things with him, After about 6 months I noticed that she was having other people(her brother)doing things with him. She was having things done to the house that I know my friend didn’t want done. Painting rooms and the outside. She had all the wiring in the house replaced, had extermintor for crickets which he didn’t want. She changed the whole yard. She started to say it was her house. I told her no it was his house, she would laugh and say ” I should marry him then it would be mine” She started to keep him from his friends. He wouldn’t get out of the house for weeks. He ate in his room, had a dvd player that he was stuck in front of all day. All this time her and her boyfriend would sit out back smoking weed and getting drunk. Sh told neighbors that she was his daughter and that her boyfriend was his caretaker. He asked her to move several times. He found out that when he was with her brother she was going through his room getting rid of important papers. She was also listening to his phone calls. When he would get mad because she wouldn’t leave she would call the police dept and say he was hitting her lies, lies, lies. He would leave the house because he couldn’t take being locked up and get lost but she allowed it to happen she knew when he would leave but would let him go then call the police and say he had been missing for hours and that she looked everywhere another lie I live across the street and she never went anywhere. Done for now someone please help.
thank you for the superb information first class article very pertinent and a proposal for our families current situationit’s comforting to know we have legal recoursethis article should be posted in nursing homes throughout the United States
What if the perpetrator was the son of the victim with Alzheimer’s and also had guardianship of her person however not her state yet still laundered and mist appropriated her estate and in the long run conned her and me her daughter with both face lives under the guise of a financial cost reduction agency he works for to steal my entire inheritance however so her hard-earned money she worked hard for since childhood her entire lifetime le2 betrayed by her son knowingly however through the suffering of Alzheimer’s stages as if she made a conscious willing decision to do so and that I did when he literally lied and neglected to even allow me to read and then manufactured a different signature on an entirely different documents to present as evidence to the court. Bottom line the guardian and executor to distribute find funds after the fact of her passing was the corporate the c corrupt… Also hiding under the guise behind the guise of the Stanford Ponzi scheme
Dear Mr. McEvoy,
Thanks you for your kind comments. I appreciate your taking the time to write down and send me your thoughts.
Martin Hagan
Can my sister whom as no control over my Mothers assets such as her rather new car take it for her personal use? I’m not in agreement to this as my Mother may need to sale her car because of having a massive stroke at age 85. Help please as my sister is deprecated the value of her car.
Good day.
I have a matter very near and dear to my heart. My father unfortunately suffered a great deal of abuse and exploitation and I only learned this after his death.
I have contested the will but thus far received no fesledback from the masters office in cape town.
Please advise me what steps I should take?
Kind regards.
Lethicia
It’s not always a close relative either. My mother’s third cousin, whom I hadn’t seen since I was a child, moved into the apartment building where my 82–year-old mother and stepfather live. She somehow ingratiated herself into their lives.
My mother started pulling away from me about a year ago. I don’t know if she was depressed due to a son’s death two years ago or if this third cousin was somehow playing on her emotions, manipulating her. But it seemed strange that this third cousin was always there when I visited my mother. I never got to have any private time with my mother.
In October, unbeknowst to me, my mother had decided that it was time to die and so she started starving and dehydrating herself. Again, I don’t know if this was due to grief or if the cousin was manipulating her and had talked her into this.
My mother was so weak that she fell in November. Her husband got her into bed and didn’t call an ambulance. My mother said she wanted to die in her sleep. No one told me about this. I was kept completely in the dark. But the cousin knew about it.
She was killing herself, but no one helped her!
On December 23, I took my mother Christmas gifts and was shocked to learn that she was close to death from starvation. The cousin, of course, was there. I couldn’t convince my mother to go to the hospital and so I had to get Adult Protective services involved. A few days later, when she was near to death, an EMT talked her into going. It turned out that she’d broken an ankle from the fall, and it couldn’t be fixed. She was otherwise healthy except for the starvation/dehydration.
Even so, her husband refused to put in a feeding tube to save her life. Still, she clung to life.
Twice, during my mom’s two week hospital stay, I heard the cousin say means things to my stepfather, which sent out warning signs. Once, she told him that she wouldn’t feed him after my mom dies, that she washes her hands of him. Another time, she came to pick him up at the hospital so he could go pay bills and told him, “Come on. Hurry up. I don’t have all day!”
I also discovered that she’s handling their finances–another warning sign that she’s manipulating and exploiting them.
And then, my mother’s insurance ran out so the hospital sent her home on Hospice to die–home, that is, to the cousin’s apartment. It was on a day that I couldn’t get there due to a terrible ice storm so I had no say in the matter. I had wanted my mother to come to my house so that I could take care of her. I think this cousin wanted control of my mother and stepfather.
I’ve also heard that this cousin is an opiate addict, and I believe she wanted to get her hands on my mother’s morphine.
My mom is close to death now. I visit her at this cousin’s apartment each day. This cousin and her son have been cleaning out my mother’s apartment, taking whatever they want. I was shocked to see the floor mat that I’d gotten my mother for Christmas in this cousin’s kitchen.
As she’s also handling my stepfather’s finances, I wonder if she’s financially exploiting him, but I have no idea how to find evidence. They don’t have a lot of money, but he gets Social security and a pension each month.
He firmly believes this cousin will take care of him after my mother’s death, but I don’t think that’s going to happen. I believe she’ll clean him out, get control of his money, and kick him to the curb. Me and other family members have reported this to Adult Protective Services, but they said they can do nothing without evidence.
What a sad state of affairs!
I would consult with an attorney as to whether this would be an appropriate situation to petition the court to appoint a guardian for your mother — and your father. The guardian could take over your parent’s health care and finances. One question: Is there any family member able and willing to serve as guardian? Should that role be left to an agency or other third party?
Good luck!
About 5 years ago, my father ended up with a younger girlfriend shortly after my mother died. She moved him away from friends and family in 6 months. He bought a house with tenancy in common with this person and is clearly being financially exploited. He signed over power of attorney after 3 years and has recently been diagnosed with Alzheimers by a clinical psychologist. I’ve been trying to talk sense into him since it began and now she has convinced him not to see an MD around his Alzheimer’s diagnosis. I feel like I can’t watch this happen any longer and I fear this estate is being depleted with long-term care on the horizon.
Does anyone have any sense of the general odds and legal costs associated with suing for legal and medical guardianship. I know this is a very general summary but I’ve been getting quoted everywhere from 5-10k to 100k after speaking with two different lawyers.
My father in law died in Florida State, he made a Will in 2016 stated his grandson would inherit what he has left property homes.But the name OF the grandson was it put in the Will wasnt right its the name OF the person who took care and live when him in the house.In some way he sign the Will and the lawyer sign it, just want to know f its legal?
Thank you for your email. This website is intended to provide information on a general range of topics in the areas of estates and trusts. It is no intended to provide legal advice on specific cases or clients. It would be a disservice to you if we would do otherwise.
You should contact a qualified attorney in your locale and have them answer your questions.
Good luck!
Martin Hagan
Yes that me Isabel E. Duarte cousin Tammy L. Ybarra fraud forgery my name to get my parent property also my Heir. Tammy took my name off of trust of deed document also Grant deed. Tammy is not abopted by law. Tammy fraud took advantage of my disabled and bring very slow. Tammy liveing a free life with my Heir property . Up to this day Tammy has not given me my share not one cent. Tammy say I have nothing comming ! I am true survivor of next of skin. Thank you
Thank you
I have been living with and caring for my grandfather for over a year. He recently had health issues and was put in a rehabilitation facility for a few weeks. My sister who is a drug addiction and never comes and visits my grandfather had me arrested on an old warrant in our driveway just so she could get my grandfathers brand new truck for personal use and move into our house. I was locked up for 4 days and during that time he was released from the facility. My sister claims that because he was released to her from the nursing home that I had to move out of my house and I can’t even see my grandfather. Can she just tell me I can’t live there anymore? What are my options? I’m in Alabama
What if it’s their church/trusted pastor who’s taking advantage?? He’s known our family since before I was even born (I’m now 50!) and has known the financial struggles my parents have been through all these years until maybe 5-7 years ago when they came into a pretty good amount of previously unpaid VA benefits! My father passed away recently and just since January 2020- June 2020 she has given her church some 6,000.00+!!! Oh, but even prior to that, they sucked her into donating TEN THOUSAND dollars to “help build churches in India”!!!!!!!!! She calls it “tithing” yet even so, that would be only 10% of EARNED income vs SS, VA, retirement Pension (which is now cut nearly in half since my dad died). She doesn’t understand how a checking account vs a savings account operates and keeps 50k in her CHECKING account with debit card access and odd checks paid to “cash” (signed by her) w memo stating “family”. When asked about what it was for, she said it was to keep on hand for “emergencies” during the covid shutdown yet the money isn’t anywhere in the house & totally unaccounted for. Also immediately after the funeral, she was hospitalized and while in the hospital, my niece talked her into “giving” her 4k for a car since hers was totaled (yet she had insurance to cover the entire amount); my mom gave her the debit card info OVER THE PHONE, while medicated by an IV drip!!! There are many many other instances but these are the most recent ones.
I need.to.vet.lawyer I’m a.caregiver.for.a.stroke.victim.she.has.long.term ins her.living of.is.poa.and is.claiming.he.pays.us.z85/$/more.than.he.really.does.also.we.are.a.1099/ not.w2 he.is tax.evading.and.ins fraud.a agency sends the.ins.co.proof.that we.worked.she.gets.paid.175/a week.the.check.comes.to.patient.and.poa.cashes.it.we.work.hard.and.all.are making.money on.us.I need.help went.to lawyer.said.I.have.such.a.great.case.however.she.said.6 weeks.later.no time.to.do it.and sent.me.elsewhere.I want.to find.my own.lawyer please.anyone.help.me.don’t.know.where.or.what.kind.of.lawyer.to.get.he.owes.me.over 50.000 and.that’s.just.me.I’ve.been.there.almost.5 years till.sat this.week.10/2020 I.confronted.the.fraud.my patient.said.she.don’t.want.to.go.to jail and if.he.is.lying.ahe.is.coming.home.with.me..he.conned.her .help need.lawyer.asap!!
I agree that if you plan to stay with a cheater don’t try to find any information. However, in my case I needed it in my state in order to file for a divorce and come out of the relationship. You can’t just say I think courts want proof or you end up spending a lot of time and money to fight it out! Finding out was hard, but I was relieved that I wasn’t crazy and it’s making my divorce go a lot smoother. He would never confess; therefore, I did the best thing for me…find out, no doubt, move on. I was then introduced to some professional hackers.hacksecrete@gmail . c o m who helped me hacked his phone’s texts and calls so I got to understand what has been going on. they offer lots of hacking services, website database hack, phone cloning, background checks and surveillance, access to social networks, I cloud viber chats , Facebook messages and yahoo messenger, calls log and spy call recording, monitoring SMS messages remotely, cell phone GPS location tracking, spy on Whats app Messages.contact hacksecrete@gmail . c o m . Tell him i referred you
I got married & moved to Kansas. I got a call from my family in California saying my dads cancer was back & he had less than 3 months to live so I hurried back there. My mom begged me to stay & care for him. She didnt want to quit her job & stay home with him. It made no sense. They were well off. She didnt need to work. So I put my things in storage, gave up my house & moved in with my parents to care for my Dad. 3 months turned into 1 and a half years.
My parents paid my cell phone bill & $100/per week. I cared for him 24 hours a day, 7 days per week. No other familiy members would help. They all lived minutes away.
They gave me a credit card on their account to pay for his supplies. I used my Amazon account to buy Ensure, benecalorie, urnals & medical supplies. Everything was on auto renew shipments on a monthly basis.
They bought me a car to use to run his errands. They had it registered in my name & paid for auto insurance. During the time I cared for him, my mom called me an angel. She bought me clothes & shoes. I thought I was doing what a good daughter should?
My dad had an insurance rider for cancer that would pay for a caretaker. My parents said they didn’t need the help & instead offered to pay me a lump sum of $30k as an inheritance that I chose to receive upon his death so I could go back to Kansas & buy another house to replace the one I gave up.
Everyone else in my family chose to take their inheritance while he was still living. I made appointments for them to come see my dad & he gave them what he wanted them to have. I was the only one left.
Strange things happened while caring for him that made no sense. My mom started to drink heavily & denied it. She went on big shopping spree’s & bought a new car. She started hiding what she purchased & put a lock on her bedroom door & didn’t tell anybody. While she was drunk she became very assertive, causing fights with foul language & made accusations to lots of family members that were ridiculous, some even impossible & she didn’t remember anything the next day. We added racks to her closet because she was out of room & instead of being happy she became angry claiming someone had robbed her because she had room inbetween purses when before they were mashed together. They were fake designer bags, worthless. No one would steal them. She filed a police report. They could not help her because she didn’t know which ones were missing. But she insisted they were stollen due to the new space. One day I awoke to her pounding on my door & screaming, acting as if it was locked & she couldn’t get in my room. My door doesnt have a lock. When I opened it for her, she came at me very angry saying I had found out she installed locks on her bedroom door & while she was downstairs I went into her room saw her keys on her bed & locked her door then closed it to make her unable to get into her room when she returned. I had no idea about the lock. I never go into her room and I was still sleeping that day. I had not left my room. She was so upset, kicking & screaming that my brother had to come and pick her up and take her to his house for the night. She took my dad to his doctors appointment & left him there. When he was finished he called her & she said she was on her way. Its 30 minutes away from the house. It took her 3 1/2 hours to pick him up. She made silly excuses saying she was organizing cabinets but she wasn’t at the house. I was there alone. Dementia runs in her family. We think she had beginning signs of it.
Flash forward to the night my father died. 5 hours after he passed on she asked me to pick up a prescription for her around 6am. I hurried to go get it in shorts, without shoes or my purse. I came back to a locked door. No answer when I called her cell. In the morning I received a text message to go to a temporary restraining order hearing for alleged “verbal abuse”.
I went to the hearing. They made me wait until the last case was heard to tell me that they approve all elder abuse claims with temporary restraining orders without a hearing. I was stuck in California without my clothes, shoes, purse or cell phone for two months until the date of the permanent hearing.
I never abused my mother in any way shape or form. My father did not allow cursing in their house. Her complaint did not have dates, times or elaborate on what I said to verbally abuse her. I brought evidence to prove I didn’t do it. The judge said I proved my case but my mom was shaking & the judge thought it was from fear and issued a restraining order anyway saying if I loved my mom I should understand that she was trying to protect her. Staying away should not be a problem if I cared about her well beiing. She was shaking from lack of alcohol. Not from fear I created.
There was a stay away order so even the police could not help me get my personal things. I was left with nothing but the used car they bought me. She kept my inheritance claiming my dads estate was broke due to paying doctors bills for his cancer. This was all lies. He had a zero balance the day I was locked out. His cancer rider policy paid everything his insurance didn’t. She pretended she “lost” my dads will & changed his wishes giving my brother both my dads antique trucks (after my brother ripped him off, stole money from my dad and refused to visit while he was dying). My dad disowned my brother several months before he died.
My mother & brother sold my dads house that had no mortgage & used it to buy my brother a mansion with a guest house for my mother to live in.
She reported the payments to my cell phone bill as fraudulant. They disconnected my number & labeled my account as related to fraud. She kept my clothes, shoes, computer, printer, iphone & personal items and refused to return them. She left them in the house & gave them to the buyers. She didn’t even want them.
Its been five years now. I dont know where she lives or how to contact her. My brother has taken over my dads tire shops using my dads credit & left them in my dads name. They circulate stories about me that are not true claiming things I never did. They used me to care for my dad then threw me away. I gave up everything just to be burned. I’m sure my brother is feeding her lines. She wants to have a good son so she chooses to believe his lies. He is not a good person with at least 26 prior arrests in a ten year period for domestic violence, drugs & grand theft.
He married a girl he met through a speed dating contest after he found out she had one job her entire life with a big 401k account.
I lost everything and all of my family at the same time when my dad died. Two years later my new husband died suddenly. Now I know what it feels to be truly all alone.
I had same experience: brother stole $100k+ from mom’s bank. The State of MA told me that stealing money with a DPOA is a great idea (APS Units). they said that Legislature wanted to ensure DPOAs can steal money in the Commonwealth, so law enforcement is ALWAYS withheld. The State is purposefully ginning up probate costs and poking they eye of federal law enforcement. The feds have stealing money by DPOA as illegal (FinCen), but MA ignores FinCen and allows DPOAs to steal for business litigation purposes. they need to be investigated for soliciting fraud on seniors. You wouldn’t think a State actively participates in fraud on seniors, but with EFE, Massachusetts is certainly the one pumping up the fraud on seniors.
Thanks for pointing out that elderly victims of abuse may experience feelings of guilt and shame. I would imagine that many seniors are experiencing abuse in their community. I think they should look for a reliable elder abuse lawyer who can bring accountability for harm in the nursing homes and assisted living care settings.
I’m so happy that I found this page. My feelings for the past 7 years have been justified! Same familiar story…
”Opportunist “moved in a
few years after Mom’s 3rd husband died. He’s 15 years younger,couldn’t/ can’t hold a job, mom starting pushing everyone away. We have now been estranged for nearly 2 years. I don’t care about the financial part of this mess. I just miss my mom, he helped her closed joined accounts, and sell her house. I don’t even know where she lives.
Dawn,
Thank you for sharing your experience. I noticed that you did not mention your mother’s cognitive abilities, which leaves open the question of how much of her behavior over the past two years has been caused by her own decisions, or how much has been the result of the opportunist’s manipulations?
Is there a friend of your mother, or a relative, who may be staying in touch with her that you could contact to get a read on her current mental health?
I hope that you can reach some resolution of this issue.
Martin Hagan