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Julie Garber
Julie's Wills & Estate Planning Blog

By Julie Garber, About.com Guide to Wills & Estate Planning

Financial Elder Abuse - Exploitation Through Estate Planning

Saturday March 21, 2009

Thanks to attorney Jan M. McCray Flemmons for posting a summary of the different types of elder abuse and focusing on financial exploitation of the elderly through their estate planning documents - Financial Exploitation of the Elderly.

Unfortunately, I've witnessed my fair share of family members, caregivers or "friends" take financial advantage of an elderly relative, patient or "friend" through direct and indirect manipulation, deceit, and/or actual "kidnapping." As Ms. McCray Flemmons points out, this type of exploitation can lead to criminal charges. In fact, in one estate I handled a "friend" got a hold of the decedent's credit cards and proceeded to rack up thousands of dollars in charges shortly after the decedent was rushed to the hospital and then died a few hours later. The Personal Representative of the estate pressed charges and this so-called "friend" eventually ended up in jail.

The only way to protect yourself from this type of abuse is to work with a qualified estate planning attorney to create a solid estate plan while you're alive and well and then continue to work with your estate planning attorney to update your estate plan as your life changes. Forming a long and lasting relationship with a qualified estate planning attorney will insure that your wishes are ultimately carried out and that you and your assets will be protected from these types of unseemly predators.

Further Reading

  • What is an Estate Planning Attorney?
  • Your Estate Planning Attorney, Your Trusted Advisor
  • Ten Steps to Creating a Good Estate Plan
  • Financial Elder Abuse Revisited - The Case of Linda Darlene Giles
  • Financial Elder Abuse - An Update on the Case of Linda Darlene Giles
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