A New Way to Prevent Elder Abuse

October 19, 2017 Noah Weisberg Elder Law, General Interest, In the News, Power of Attorney Tags: , , , , , , 0 Comments

Elder financial abuse is a growing concern.  What is being done in Ontario to prevent it?

I recently came across a new service called Estate Protect which acts as a registry and fraud monitoring service for important estate documents, including powers of attorney.

Lawyers (on behalf of their clients) are able to register estate planning documents with Estate Protect being a secure and accessible place.  The idea is that the most recent documents, and a record of any changes, are available to the appropriate person when necessary to ensure that valid estate planning documents are used (and relied upon).

Using a power of attorney document as an example, through Estate Protect’s notification service, designated parties are made aware when someone tries to rely on a power of attorney document.  If the document is the valid power of attorney, the notified individual need not take any steps.  However, should the power of attorney be, for example, a fake or previously revoked power of attorney, or should the transaction seem suspicious, the notified individual has the opportunity to intervene to avoid misuse.

The service also allows people accepting instructions, such as banks, to determine whether the power of attorney is valid before acting on instructions.

It makes sense that Estate Protect relies on tackling financial elder abuse through preventative measures, as opposed to remedial options.

Noah Weisberg

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