BY CHRISTOPHER J. AVENTURO
Litigation often reveals the steps that might have averted problems, however. Some proven, practical and preventative measures for empowering and protecting our seniors against many forms of elder abuse follow.
Guarding Against Fraud: Planning and Precautions in Three Areas
1. Monitoring
Family and loved ones can be proactive and helpful through:
• Regular and consistent monitoring of assets, account statements, and important documents. This process is essential to preventing the exercise of fraud and undue influence upon an elderly or infirm relative;
• First-hand review of mail, recent correspondence and recently updated documents, when undertaken with the loved one’s approval;
• Enlisting the assistance of a trusted local friend or neighbor to help monitor the above information, when family members do not live close to one another; and
• Monitoring asset and account activity by computer (a good idea for those living in different states).
To put these safeguards into effect, family members and friends may need to have frank conversations with the elderly. Besides your attorney, social service agencies and resources can step in and help facilitate these arrangements if needed. Many free resources are available to Westchester residents.
2. Updating Powers of Attorney
Often in cases of financial abuse, the perpetrator procures the elderly person’s signature of a financial power of attorney, giving the agent apparent authority to withdraw funds from bank accounts and perform related financial transactions. Nevertheless, safeguards are available.
• Under a financial power of attorney there remains a legal duty to keep accurate financial records and the document can be tailored to limit the agent’s authority.
• One may designate two or more persons to act as co-agents.
Health care powers of attorney also represent a potential source of abuse. These are designed to ensure that one’s health care wishes are respected when one cannot make or communicate those decisions. Over time, multiple health care directives may be prepared, creating a situation where several different persons may be convinced that each has sole authority to make decisions, even though only one health care agent can act at one time in New York state. These documents should be organized and in some cases earlier directives revoked, in order to prevent future conflicts.
3. Protecting the Integrity of Will or Trust Documents
The will crafted at age 65 may not be appropriate to someone 20 years later. Named beneficiaries may have died; charitable interests may have changed. Valued relationships may have waned; new ones may have formed. Preparing a new will also affords an excellent opportunity to take a comprehensive inventory of one’s assets well in advance of any crisis or harm and to account for the changes. The process may motivate potential heirs to take responsible steps cooperatively towards asset preservation and protection.
Believe it or not, some elderly persons with significant financial assets have not prepared a will at all. This can result in unfortunate conflicts following death. Even worse is the execution of a will when the elderly person is of questionable mental capacity. Instead, it is best to update these documents every few years to reflect changing needs and circumstances.
The adage that “an ounce of prevention is worth a pound of cure” is never truer than in the field of elder law because in most cases, elder financial abuse is preventable.
Abridged
SOURCE: WestFairOnline
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Showing posts with label Will. Show all posts
Showing posts with label Will. Show all posts
June 3, 2013
August 7, 2009
Involuntary Redistribution of Assets and the Law: Discussion on Radio (USA)
Estateof Denial.com on Rule of Law radio
06 Aug 2009
EoD’s Lou Ann Anderson will join host Gary Johnson on Live and Let Live at 9 p.m. CDT Sunday, August 9. They will discuss the growing threat to American inheritance and other property rights through Involuntary Redistribution of Assets (IRA) actions perpetrated via the use of wills, trusts, guardianships and powers of attorney.
The program, broadcast on the Rule of Law network, can be heard at www.ruleoflawradio.com (access via Mozilla Firefox) and on affiliate stations. Call in number for the program is 512-646-1984.
SOURCE: Estate of Denial.Com
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January 20, 2009
Family Feud Contestants Seek Damages (WI. USA)
1/7/2009
By Kelly Holleran
A family fighting over an elder member's will has taken their battle to St. Clair County Circuit Court.
The child and grandchildren of James D. McDaniel argue his other child and grandchildren changed parts of the elder's will and forced McDaniel to make a will while he was not in the right mind capacity to do so.
In their suit, David McDaniel, James McDaniel's son, and grandchildren Jennifer Kay Emery and Melissa Mary McDaniel, also claim that Anita Metzker, James McDaniel's daughter, took $60,000 from his account before his death.
When James McDaniel died on Jan. 26, he was 79 years old and suffering from Alzheimer's, according to the complaint filed Jan. 5.
Before his death, James McDaniel executed a will on Dec. 1, 2003, and discussed his wishes to provide for both of his children equally with his son, daughter.
They are seeking the court reject the admission of the will to probate, invalidate the will, allow for James McDaniel's property to pass intestate equally to them and Metzker and her children, plus attorney's fees, costs and other relief the court deems appropriate.
They are also seeking actual damages in excess of $60,000 and unspecified punitive damages.
Abridged
SOURCE: Madison Record
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Dr. Cline’s legacy to be resolved in probate court
Beneficiaries contest 1/4 of local doctor’s will going to ‘clear thinkers’
BY HEATHER SCHAEFER
REGIONAL EDITOR
The revocable trust of a Northwoods medical pioneer is now the subject of a probate dispute.
The beneficiaries of a trust set up by Dr. Frances Cline are contesting the designation in her will that 23.4 percent of her estate be distributed to the International Association for Clear Thinking (I’ACT) if that association is “in existence” at the time of her death.
The beneficiaries claimed the term “in existence” actually means a “vibrant and active” existence and the I’ACT was “little more than a shell of its former self with no substantial, material or regular activities” when Cline died in November 2004.
In June 2008, Oneida County Circuit Judge Mark Mangerson ruled I’ACT should get its portion of the estate as Cline directed. According to court records, Mangerson deemed the association to be existence because it remains incorporated, maintains a library, receives orders for information and has assets of $150,000 to $200,000.
According to several health Web sites, the I’ACT “provides support for people interested in living their lives more effectively and satisfactorily using principles of clear thinking and self-counseling.”
Cline moved to Taylor Park Nursing Home in 1993 where she resided until her death on Nov. 27, 2004 at the age of 104.
© 2006 The Daily News WI USA
Abridged
Source: Rhinelander Daily News
November 11, 2008
Alleged Financial Elder Abuse: The Betty Dyke Case Cont. (Melb. Australia)
$5m will greed denied in Betty Dyke case
By Norrie Ross
November 11
A FORMER police inspector who jointly inherited $5 million from his spinster neighbour yesterday told a judge, "I'm not avaricious".
Tim Knaggs said Betty Dyke asked for assistance when she was drawing up a new will in 1999 but he didn't know details of the finalised document.
He told Supreme Court Justice Peter Vickery he knew Ms Dyke planned to leave land to him and wife Denise, Gary and Diane Smith and Robert and Sandra Allen, also neighbours.
Mr Knaggs also said he was present when his wife, a joint guardian, told hospital staff if Ms Dyke suffered cardiac arrest her notes were to state NFR -- not for resuscitation.
Mr Knaggs said Ms Dyke was a woman who "liked to reward people for their loyalty", and said he was not fully aware of the terms of her will until after she was admitted to hospital in June 2002.
But he was present when Ms Dyke told people she was happy to leave her land to friends who had helped her.
Mr Knaggs said he and his wife removed the will and other documents from Ms Dyke's home after she went into hospital because they were worried about security.
Under cross-examination from Richard Kendall, QC, he said he saw the 1999 will among the papers but didn't look at it. "I'm not avaricious," Mr Knaggs said.
He agreed that after Ms Dyke sold some land in December 2000 each couple got almost $420,000. He described it as a "straight-out gift" and not made on the understanding the couples would care for Ms Dyke until she died.
The trial has been told Ms Dyke's home was dilapidated and she lived and slept in a filthy kitchen, shared with five dogs and sick birds in cages.
Ms Dyke had severe Alzheimer's disease when admitted to Frankston Hospital.
Julie Nicholson, a second cousin of Ms Dyke, two friends of Ms Dyke and three charities are contesting the will. The hearing is to continue today.
SOURCE: The Herald Sun
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By Norrie Ross
November 11
A FORMER police inspector who jointly inherited $5 million from his spinster neighbour yesterday told a judge, "I'm not avaricious".
Tim Knaggs said Betty Dyke asked for assistance when she was drawing up a new will in 1999 but he didn't know details of the finalised document.
He told Supreme Court Justice Peter Vickery he knew Ms Dyke planned to leave land to him and wife Denise, Gary and Diane Smith and Robert and Sandra Allen, also neighbours.
Mr Knaggs also said he was present when his wife, a joint guardian, told hospital staff if Ms Dyke suffered cardiac arrest her notes were to state NFR -- not for resuscitation.
Mr Knaggs said Ms Dyke was a woman who "liked to reward people for their loyalty", and said he was not fully aware of the terms of her will until after she was admitted to hospital in June 2002.
But he was present when Ms Dyke told people she was happy to leave her land to friends who had helped her.
Mr Knaggs said he and his wife removed the will and other documents from Ms Dyke's home after she went into hospital because they were worried about security.
Under cross-examination from Richard Kendall, QC, he said he saw the 1999 will among the papers but didn't look at it. "I'm not avaricious," Mr Knaggs said.
He agreed that after Ms Dyke sold some land in December 2000 each couple got almost $420,000. He described it as a "straight-out gift" and not made on the understanding the couples would care for Ms Dyke until she died.
The trial has been told Ms Dyke's home was dilapidated and she lived and slept in a filthy kitchen, shared with five dogs and sick birds in cages.
Ms Dyke had severe Alzheimer's disease when admitted to Frankston Hospital.
Julie Nicholson, a second cousin of Ms Dyke, two friends of Ms Dyke and three charities are contesting the will. The hearing is to continue today.
SOURCE: The Herald Sun
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October 29, 2008
Mt Martha Spinster's Estate in Court battle (Melb. Australia)
Recluse millionaire suffered dementia: relative
29 Oct 08 @ 03:55pm
by MARK TESORIERO
ELDERLY Mt Martha recluse Elsbeth ``Betty’’ Jean Dyke suffered from dementia, a relative has told the Supreme Court.
Colin Nicholson, 59, of Mt Waverley, told the court that Miss Dyke would not have understood the documents she signed when changing her will , and that she didn’t understand what she was doing.
“My aunty suffered from dementia, from severe pain,” Mr Nicholson said.
“She overdosed on medication.”
Referring to Miss Dyke’s legal discussions with lawyers about changing her will, Mr Nicholson said: “I don’t believe she understood anything of their conversations.”
Defence counsel Russell Berglund, QC, asked Mr Nicholson why he didn’t say anything when Miss Dyke split the $1.26 million proceeds from the earlier sale of some of her land with neighbours Timothy and Denise Knaggs, Robert and Sandra Allen and Gary and Diane Smith.
Mr Nicholson said he believed the money had been given to the neighbours so Miss Dyke would be “looked after” later in life.
“If it ensured she had full private care and support in later years of life, it wouldn’t matter if it was $350,000 or $3 million,” he said.
Mr Nicholson’s mother was a first cousin of Miss Dyke.
Miss Dyke’s $15 million estate, which included the 17ha Sefton Grange property, is at the centre of an extraordinary legal dispute.
The changes to her original 1985 will effectively left her $15 million estate to the Knaggs, Allens and Smiths.
The will is being challenged by Julie Anne Nicholson, Judith and John Bailey and charities the Lort Smith Animal House, the Blue Cross Animal Society and Deaf Children Australia. Miss Dyke lived alone, never married and had no immediate family when she died, aged 84, in May 2004.
The plaintiffs’ action centres on arguments that Miss Dyke was not mentally fit when she made changes to her wills.
The trial continues before Justice Peter Vickery.
SOURCE: Mornington Peninsula LEADER
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29 Oct 08 @ 03:55pm
by MARK TESORIERO
ELDERLY Mt Martha recluse Elsbeth ``Betty’’ Jean Dyke suffered from dementia, a relative has told the Supreme Court.
Colin Nicholson, 59, of Mt Waverley, told the court that Miss Dyke would not have understood the documents she signed when changing her will , and that she didn’t understand what she was doing.
“My aunty suffered from dementia, from severe pain,” Mr Nicholson said.
“She overdosed on medication.”
Referring to Miss Dyke’s legal discussions with lawyers about changing her will, Mr Nicholson said: “I don’t believe she understood anything of their conversations.”
Defence counsel Russell Berglund, QC, asked Mr Nicholson why he didn’t say anything when Miss Dyke split the $1.26 million proceeds from the earlier sale of some of her land with neighbours Timothy and Denise Knaggs, Robert and Sandra Allen and Gary and Diane Smith.
Mr Nicholson said he believed the money had been given to the neighbours so Miss Dyke would be “looked after” later in life.
“If it ensured she had full private care and support in later years of life, it wouldn’t matter if it was $350,000 or $3 million,” he said.
Mr Nicholson’s mother was a first cousin of Miss Dyke.
Miss Dyke’s $15 million estate, which included the 17ha Sefton Grange property, is at the centre of an extraordinary legal dispute.
The changes to her original 1985 will effectively left her $15 million estate to the Knaggs, Allens and Smiths.
The will is being challenged by Julie Anne Nicholson, Judith and John Bailey and charities the Lort Smith Animal House, the Blue Cross Animal Society and Deaf Children Australia. Miss Dyke lived alone, never married and had no immediate family when she died, aged 84, in May 2004.
The plaintiffs’ action centres on arguments that Miss Dyke was not mentally fit when she made changes to her wills.
The trial continues before Justice Peter Vickery.
SOURCE: Mornington Peninsula LEADER
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