October 17, 2008
Editor, Jacksboro Gazette News
“Mr. Smith” awoke this morning with only the monotony and isolation of a typical day to look forward to.
At 77 years of age, and a widower, the highlights of the day would be a favorite television show or perhaps the likelihood he’d get a phone call from one of his three children, none of whom live in the same town with him. Ah, but today is Tuesday, and his private-pay provider will come in later this morning. A smile forms on his weathered and lonely face. He’ll have company through lunch, and maybe even through the afternoon—if only she’ll stay a bit longer.
He’s grown attached to her in a unique sort of way, and since she is his only regular form of contact, the bond sometimes overshadows that which he has with his own children. He rationalizes to himself that this is fine because he knows they are busy with their own lives and so the guilt of having assigned his unrelated helper as his power of attorney quickly diminishes. He won’t even have to tell them because his “helper” understands and assures him his children will worry further if they know he needs help with writing checks. She will make sure he and his children don’t have to worry.
Mr. Smith has become a victim. He is a victim of undue influence which is often a part of the scourge associated with elder financial exploitation. In its most simplistic form, undue influence is simply using trust or power as leverage for replacing a person’s desires or wishes with another’s. Sometimes it is subtle, or it can be as profound as “emotional blackmail.”
Sadly, “Mr. Smith’s” situation is only one of countless variations of financial exploitation. In his particular case a properly, but covertly executed legal instrument later proved to be the undoing of a substantial part of his life’s savings. This should have been a warning sign, but it was noticed too late.
There are several red flags – indicators of undue influence or potential exploitation. Isolation is a significant red flag – making the victim an easy target. Another potential warning sign is when an elderly person begins to have financial problems. It’s sometimes a concerned banker who thankfully notices. Perhaps it’s the claim by an elderly individual that things are missing from his house – a matter often dismissed as forgetfulness although later may be discovered to be a caregiver who took a little bit here and there.
Adult Protective Services, a division of the Texas Department of Family & Protective Services is the agency charged with investigating situations such as Mr. Smith’s. Specifically, if abuse, neglect or financial exploitation is suspected of being perpetrated against an individual over age 65, or against a person with disabilities over age 18, then APS will investigate. The alleged perpetrator must be a person related or providing care to, or who has an ongoing relationship with the elderly individual or person with disability.
If you suspect abuse, neglect, or exploitation of the elderly or disabled, please call 1-800-252-5400. Your call can help stop exploitation. You can help protect the unprotected.
Abridged
SOURCE: Jacksboro Gazette News
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