Elder Abuse: The Unstoppable "Tsunami"

By Andrew C

Elder abuse, as a global phenomenon, has become more complex in recent years.

It is no longer just clear-cut cases of elder abuse. We have seen the increasing cases of “estate stealing”, guardian abuse and in recent years; greedy litigants and lawyers who have set out to defraud or extort in the name of ‘elder abuse’.

Incredible?

Imagine you have worked hard all your life and have accumulated assets that you think would help your children and grandchildren when you are gone.

You engaged an attorney to set up your last will and testament.
Should just be a simple plan for your family?

Not So Simple!

Consider the following senarios:

• $ No, in the name of “Elder Abuse prevention” you are been moved from one child to another, as they fight to claim your affection and money, of course.
• $ Your children felt that they are entitled to your assets. If you had given enduring power of attorney to one of them, he/she did not act to protect you. The children are in collusion. They just did not act for your benefit. Just waiting for you to pass on, so they will get EVERYTHING.
• $ Then you had an accident one day that landed you in hospital. Children are interstate and there is no one at home to look after you. Before you know it, a court appointed guardian has taken control of your life, all your finances and systematically strip you of your assets. Worst still, your children are now been isolated by the guardian.
• $ You have become frail and needed ongoing care that your own spouse or children could not handle. You agree to go into a nursing home. Before long, you are befriended by one charming, seemingly caring carer, who then speak softly into your ear, that your family members are not good. They are out to get your assets. “Let me help you, give me enduring power of attorney/durable power of attorney, and I swear to ensure that your greedy kids don’t suck you dry of every penny.”
• $ You’re in a nursing home and you only get the occasional visit from your children when they need you to hand over some money. “Mum/Dad, you intend to leave money to us, when you go? But, really we need it now.”
• $ Now, this is new. You are dead and buried. One of your children decided that a sister/brother has ‘abused’ you financially. Litigations are launched in the name of “Elder Abuse”. Documents (may even be forged) are lodged in the courts as evidence. One of your children has his/her life destroyed. The cost of litigations, that is the billables from lawyers engaged in this case, will be paid out of your assets before any beneficiary in your will.
  
  Yes, it is all about money. That is the reality.
  
  The above scenarios are taken from a number of true cases that have come to my attention. The number of such cases cannot be assessed. Many of these cases go undetected and unreported.
  
  Lives are destroyed.
  
  More shortly, about Fraudulent Claims of Elder Abuse.
  
  To be continued…..
  
  (Postscript: If you have cases not covered above, please email me.)

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