Elder Law Can Help When an Aging Parent Refuses to Give Up Control
Elder Law Attorneys Can Help Adult Child Have Difficult Conversation With Aging Parent Who Refuses to Give Up Control

Elder Law Can Help When an Aging Parent Refuses to Give Up Control

It’s a common problem for families, when a parent in charge of finances develops cognitive impairment and needs help managing the family trust and his own spending. It can be financially dangerous with a stubborn parent. The legal field called elder law can help navigate these sensitive conversations.

Forbes’ recent article asks, “What Can You Do When A Stubborn Aging Parent Refuses To Give Up Control?” The article explains what it took one family to get an aging parent out of the position as trustee and to permit the successor, the adult daughter, to take over.

The family saw signs of dementia and a family member’s financial abuse.

The trust provided that the parent could be removed as trustee, if two physicians declared him to be incapacitated for handling his own finances. In that case, a judge’s decision wasn’t required. The doctors verified that the elderly parent was incapacitated to safely handle his money. However, all this takes time.

A parent’s failure to listen to reason and their stubborn refusal to resign as trustee when asked, can cost his children dearly. In that situation, a family may have to engage an attorney to resolve the problem.

Remember that even if your aging parents are fine, there’s no time like the present to ask them to review their estate planning documents with you. Look at the terms that define what happens in the event of “incapacity.” Be sure that all of you understand what would happen, if impaired parents are unwilling to give up financial control and you have to institute the proscribed process to remove control from them.

Those who are named in a trust as the “successor trustee,” must know what that means and how much responsibility is involved. The family needs to recognize that financial elder abuse is a huge problem in our country, and family members are frequently the abusers. If you see abuse, and your elderly parent can’t resist the pressure to give money to any dishonest person, an elder law attorney will be able to give you worthwhile advice on the best approach, as well as the law.

Lastly, in the event your aging parent never created an estate plan, work with an experienced estate planning attorney and ask your parent to get going for the family’s sake. You don’t want to live through the situation described above, with no legal means to stop an impaired parent from financial ruin.

Learn how personality changes in seniors can make sensitive discussions about giving up control more difficult.

If you have questions about planning for seniors, you can book a call with our team.

Reference: Forbes (May 7, 2019) “What Can You Do When A Stubborn Aging Parent Refuses To Give Up Control?”

How Can a Power of Attorney Mistake Leave You Penniless?
Smiling woman avoids power of attorney mistakes

How Can a Power of Attorney Mistake Leave You Penniless?

Just before Dorothy Jorgensen’s husband died of cancer, he altered his power of attorney and designated one of his relatives. That relative used the power of attorney to withdraw everything but a few bucks, reports WPRI.com in the article “Son questions power of attorney after mother’s bank account is drained.”

“When I went to pick up a prescription for my mother, there was insufficient funds to pick up a prescription,” Dorothy’s son, Gene Weston, said. “I can’t believe that someone would do that to an elderly woman.”

The couple had been married for almost twenty years. Both had added money to the account.

“My mother is still alive, and my mother needs to continue living,” Weston said.

The son called the police, because he claims there’s no way the power of attorney document for his stepfather was legitimate.

“He was on morphine at the time,” Gene Weston said.

According to a local police report, detectives interviewed several people and found Jorgensen’s husband was “only taking a minimal dose of meds.”

Police determined that Mr. Jorgensen “acted with his own free will” and ended their criminal investigation.

However, these types of cases involving powers of attorney often wind up in civil court. When people make a change to a power of attorney right before their death, it can raise concerns, especially when the person is elderly and on medication.

One thing that many people don’t know, is that they can limit the legal document to protect a surviving spouse or family members.

It’s important to carefully choose an agent and make certain that the power of attorney is properly notarized. You should select a person whom you trust, and whom you know will do the right thing for you, in case you can’t make your own decisions.

The relative who withdrew the money from Jorgensen’s bank account was not willing to speak with a reporter. However, she said that she did nothing wrong. While this may be legally correct, clearly the amount of money taken by the relative that left the widow without any money, was not the right thing to do.

Call Legacy Planning Law Group in Jacksonville, Florida to learn more about how to avoid power of attorney mistakes.

Reference: WPRI 12 (April 15, 2019) “Son questions power of attorney after mother’s bank account is drained”

Police Warn about Scammers Targeting Seniors

Authorities are warning vulnerable seniors about phone scammers, who call and claim to be police officers, IRS agents and other government officials. One woman received a call just days after her husband died and his obituary was published in a local newspaper, reports Newsday in the article “Nassau, Suffolk police warn of phone scammers posing as officials.”

She was told that her grandson had been arrested and charged with possession of illegal drugs. To get him out of prison, the caller directed her to buy $8,000 in gift cards from a national electronics store. Frightened, the woman did as she was instructed, and gave the man the personal identification numbers on the cards when the man called her back.

Only afterwards did she realize that the man had gotten her name and her grandson’s name from her husband’s obituary. Embarrassed by her failure to realize it was a scam, she decided to speak out in the hopes it would prevent another vulnerable senior from falling victim.

Seniors are being warned to be wary of these kinds of con artists. Unfortunately, the scams are successful and that’s why they continue. Swindlers typically call victims and tell them they must take action immediately, or something very bad will happen. They sound like they mean business, and often the phone numbers that appear on the screen seem to be from a government agency. The phone numbers have been “spoofed”—altered to appear to come from a legitimate place. However, it’s all a scam.

Authorities say that many victims who are targeted are elderly, because they may not be aware of how much detailed information can now be obtained by strangers. When the caller uses their name, or names of other family members, the victim believes the call is from a legitimate agency.

However, here’s a key point: No government agency calls to demand payment in gift cards.

If the caller says they are calling from the local police station, hang up, call the local precinct to verify if the caller really works there. The same goes for utility companies or any other company allegedly threatening to turn off services. You should also note that the IRS never makes phone calls about overdue tax bills.

Anyone who receives such a call, regardless of their age, should immediately hang up.

Reference: Newsday (Jan. 4, 2019) “Nassau, Suffolk police warn of phone scammers posing as officials”