Federal Bill to Prevent Senior Abuse Advances in Senate

Over the past two years there has been increased focus on the scourge of elder abuse of all kinds.  Yet, the awareness effort has not led to any federal legal changes to help protect seniors from things like physical neglect at home or senior financial exploitation.  That may soon change.

Minnesota Democrat Sen. Amy Klobuchar and Texas Republican Sen. John Cornyn have sponsored a bill in the U.S. Senate to help prevent these harms recently advanced out of the Senate Judiciary Committee.  The bill passed out of committee on a 15-3 vote this month and will now be sent to the full Senate for approval.

Known as the Guardian Accountability and Senior Protection Act, the measure strengthens the tools available to states to provide proper oversight of guardians and senior conservators.  This focus on oversight is critical, as a lack of third-party monitoring often allows the problem to go unnoticed.  Considering the obvious need for improvement, the measure is supported by those on both sides of the aisle.

Advancement of the bill and increased focus on senior caregiving could not come at a better time, because the senior population continues to rise each and every day.  Failure to account for the issue now means that millions might be affected in coming years.  To address the problem, the measure allows states to use existing money to improve monitoring systems and creates an electronic filing system to monitor guardians and conservatorship audits.

As Sen. Klobuchar noted during committee hearings, "I know every state has incidences of people getting ripped off millions of dollars when their loved one is supposed to be under the care of a guardian. Most guardians do amazing work, good work, but again you have a situation where you have a few that are causing a lot of harm."

Documentary on Financial Elder Abuse Starring Mickey Rooney

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.

Family Feuds Over Inheritance While Parents Are Alive

Family inheritance disputes are extremely common.  In most of the cases that make headlines, a famous individual passes away without conducting thorough estate planning and various family members publicly feud to get their fair share of the individual's wealth.  Family disagreements regarding an inheritance are quite common, particularly when no planning is done and the matters must be left up to the court-centered probate process.  Sometimes, though, feuding occurs even before the family matriarch or patriarch passes away.  For example, a recent Sacramento Bee letter explored a situation where two siblings seemingly isolated an aging mother from other siblings. Claims of undue influence and abuse were made. The three ostracized siblings were left wondering what options were available to ensure they received their share of the inheritance.

The case: The 80-year-old mother drafted a will specifying that she wanted all of her assets split evenly between her children.  However, after the will was created, two siblings convinced the mother to take out loans totaling more than $100,000 for their children's college education and to purchase a house.  One daughter obtained power of attorney over the mother and moved into the mother's home.

The three remaining siblings became concerned about the situation, questioning whether their mother was being taken advantage of, and reported their suspicions to local authorities.  The mother is now on Social Security and has no assets other than her home, which may even have been used as collateral on the loans. The siblings are left wondering if they will have any inheritance at all.

This situation presents a wide range of legal issues, and the case is a reminder of the dangers of relying only on a will.  Legally, the resolution of these issues will depend on a range of factors, including whether the siblings signed promissory notes on the loans and whether any changes to the will were made in the time that the daughter has lived with the mother.  No matter how it ends, it is likely to be a contentious, drawn-out process.

The lesson: Parents can ensure that their children never deal with this situation by locking down inheritance affairs early on with more comprehensive legal tools, like trusts. Children are well-served by encouraging their parents to deal with these issues as soon as possible since planning will not only settle inheritance issues, but also save on taxes and provide for potential disability.