A new documentary entitled Last
Will and Embezzlement
that is slated for release tackles senior financial exploitation. The film will touch on all aspects of the problem
with the ultimate goal of raising awareness of the problem to ultimately lower
the incidence of mistreatment.
The centerpiece of the film is an extended interview with perhaps the most
well-known advocate against elder financial abuse: Mickey Rooney. The 91-year
old film star testified before Congress last year while detailing abuse that he
suffered at the hands of a family member. His purpose in appearing in the film
is to dispel the myth that this sort of exploitation occurs only to those who
live alone or have few close friends and family members. In fact the documentary
tagline is: "If it can happen to Mickey Rooney, it can happen to anybody."
The filmmaker was motivated to take on the project after watching her
father fall victim to abuse. She explains how her father was in a
nursing home, when mysteriously, a stranger entered the facility and claimed to
be his son. The senior had just lost his wife and was suffering from severe
Alzheimer's at the time. The filmmaker states that her father "would have signed
the Magna Carta" if it was placed in front of him at that point in his life.
The scammer used his lie about being a relative to acquire sensitive
financial information and exploit the ailing senior. The man also acquired a
Power of Attorney over the senior, making it incredibly difficult for the family
to unravel the problem down the road. It ultimately took two years before the
woman finally learned of the depth of the exploitation. Her advice: "Set it up so you don't become a victim...know the laws against
elder abuse."
Since the Supreme Court upheld the Affordable Car Act,
The Elder Justice Act contained in it can be implemented. It aims to combat financial, physical, and mental crimes and abuse
committed against the elderly. Some help may also be coming in the form of federal legislation. New York
Senator Chuck Schumer, for example, is fighting for stepped up federal laws
requiring more mandatory reporting of suspicions of elder mistreatment. While
these new rules may help, by no means do they offer clear avenues to eliminate
all mistreatment.
Planning and oversight by the family are crucial preventative steps. Obviously having elder law
attorneys and other advocates in the mix is one way to ensure abusers aren't
able to obtain legal documents and wreak havoc on the life
of a vulnerable senior who may not fully understand the situation. Overall, it's best to have comprehensive
oversight and proper preparation before disability or cognitive vulnerability
sets in.
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