Preventing financial exploitation
9:31 p.m. Monday, September 22, 2008
Topeka — A Topeka man is charged with stealing more than $144,000 from his elderly mother.
46 year-old Craig Jay Shelton was granted Durable Power of Attorney to take care of his mother's financial affairs.
The attorney general says instead, he spent the money on himself.
Attorney General Steve Six says his office is increasing efforts to crack down on elder abuse and mistreatment of dependent adults.
Protect Against Financial Abuse: Tips for Seniors
- Keep unsigned checks in a safe place.
- Never sign the back of a check until you are at the bank.
- Never lend your ID card, credit card, ATM card or checks to anyone.
- Be cautious of using joint accounts.
- Check your bank statements carefully for unauthorized transactions.
- Don’t sign anything you don’t understand.
- Never be pressured into withdrawing large amounts of cash.
To report elder financial exploitation, call 1-800-922-5330
The AG's office says there are things you should know about giving someone durable power of attorney.
First, there is no accounting requirement to a court. That means, there's no review of a durable power of attorney's use of funds.
And, unlike other legal relationships, there is no bond requirement, and so, no insurance policy if assets are misused.
Seniors should also ask their attorney about other legal relationships, such as guardianship or conservatorship, which do have some accountability to a court.
The attorney general also recommends that any attorney working on a case where decision-making is being turned over to someone else, be independent of the person being granted decision-making authority.
To report suspected financial exploitation of the elderly, call the Attorney General's office at 1-800-922-5330.
Comments
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Sep. 23, 2008 at 10:58 a.m. (Suggest removal)ElaineRenoire (anonymous)
Stop the presses! Seniors should NOT ask their attorney about guardianship and conservatorship!
Guardianship/conservatorship is not warm and fuzzy.
It strips the Ward of all rights - the right to decide where to live, how to spend (or save!) one's own money, whether to accept or deny medical treatment, to ask for a second opinion, marry, vote, etc.
Guardianship/conservatorship Wards are even stripped of the right to complain!
Denied the right to complain, Wards are often exploited by their court-appointed "protectors". Everything they have worked for and saved a lifetime is taken from them -- against their will. They are often confined to nursing homes, denied visitors (even from their own family) and they die prematurely -- alone and afraid.
The family in turn loses their life savings in litigation fees, trying to protect their loved one. Guardians/conservators' litigation fees are paid from the estate of the Ward. Consequently, the Ward is forced to pay for the defense of the person exploiting him/her!
Wards and their families turn to their elected representatives (and their state AG) for help -- only to be turned away because they "can't get involved in a court action".
Ask attorneys about guardianship instead of a Power of Attorney, Mr. Six? I think not.
However,you have opened the door to an important discussion and I hope you will tell us what your office plans to do to help the thousands of victims of unlawful and abusive guardianships who come to you now for help when their pleas and the pleas of their families are ignored by uncaring or corrupt courts.
The end result of unlawful and abusive guardianship/conservatorship is taxpayer burden. After the guardian/conservator and attorneys have bled the victim's estate dry, the Ward is forced on Medicaid and Mr. and Mrs. Taxpayer picks up the Medicaid tab. How many billions of dollars are taxpayers needlessly paying for this lawyer welfare system?
It's a growing epidemic and if we don't do something about it, we all risk falling prey when we become vulnerable. Remember, we will all be vulnerable at some time of our lives.
Visit NASGA (National Association to STOP Guardian Abuse) at www.StopGuardianAbuse.org and read victims' stories for yourself.
Yours,
Elaine Renoire
NASGA
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