Even if signing a power of attorney is a good way to avoid going through all the proceedings of a conservatorship, signing a document, which gives such power over another person’s finances, and care might easily lead to abuse.
Elder abuse is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.
The symptoms of an elder abuse are often difficult to identify as they often overlap with the symptoms of mental deterioration but
the abuse of elders is a worldwide issue and is becoming more and more understood.
The best way to identify the signs of an elder abuse is to be as alert as possible with your elder loved ones.
Elder abuse can go from financial abuse to physical and emotional abuse. Sadly, a lot of people end up taking advantage of elder people when they become incapable of taking care of themselves.
Regarding financial abuse, most scams come from individuals who managed to acquire paperwork, such as power of attorneys that give them legal authority over an elder’s finances and assets. They can be members of the elder’s family or other individuals that first presented themselves as trustworthy caregivers.
Let us remind you that a power of attorney is a written authorization that gives to one person the legal authority to act for another person, who has temporarily or permanently became unable to handle his own financial affairs or/ and make decisions regarding daily life or health care.
In case of an unfaithful use of a power of attorney, it is really important to act quickly and to put an end to the fraud. It is recommended to hire an attorney, as it is difficult to contest the legality of a signed document. Even if it is not that easy it is always possible to revoke a power of attorney if the agent appointed in the power of attorney to take care of the incapacitated elder did not act with the utmost good faith and loyalty.
To avoid any loyalty issues with the agent appointed it is necessary to sign the power of attorney to someone really trusted and to make sure that the elder was aware of the document he/ she was signing. Although, many elder abuses happen within family when the agent is a relative of the elder.
Some factors may indicate that an elder is victim of a financial abuse such as unusual or large withdrawals; checks who are missing or with suspicious signatures; when an individual suddenly forms a close relationship with an older person; with newly executed document such as power of attorneys; missing property or even social isolation.
They are now many individual and institutions dedicated to investigating suspected financial abuses. Bank employee are often in a good position to note suspicious activities such as sudden withdrawals of large sums of money and are required to report any suspected elder financial abuse.
But elder abuse not only involves financial abuse. It can also be physical abuse; sexual abuse; neglect (failing to provide food for example) and/ or emotional abuse.
Most of elder abuse cases occur in the elder’s own homes, relatives’ homes or even in facilities responsible for their care.
In that kind of abuse it is also essential to be alert to any warning signs of abuse such as unexplained physical marks, bruises, burns or broken bones.
If you suspect elder abuse, you should consider removing the elderly person to another facility and then file a complaint with the appropriate agencies such as adult protective services (http://www.ncea.aoa.gov). In most cases it is recommended to hire an attorney.