Elder Abuse in the News

April 3, 2018 Sayuri Kagami Elder Law, Ethical Issues, In the News Tags: , , 0 Comments

A few weeks ago, I received a voicemail from a robotic sounding voice that had me chuckling. According to the robot, court proceedings had been started against me for failure to pay my taxes. If I didn’t immediately call them back, they would issue an arrest warrant to “get [me] arrested”. While I laughed at the absurdity of the message, the sad reality is that many people fall prey to scammers.

Elderly people can be especially appealing targets for scammers and abusers due to a mix of factors, including social isolation. A recent CBC news article out of Moncton highlights the type of financial abuse to which elderly people may fall prey. The CBC reported that two real estate agents entered into a listing agreement in 2013 with an elderly man. They eventually entered into a further agreement allowing the real estate agents to purchase the home for three quarters of the listing price and requiring the victim to provide an interest-free loan to the agents along with credits towards the purchase price. Overall, the victim received approximately $17,000.00 in exchange for his home.

Not only were the real estate agents able to scam the victim on the sale of his home, the victim also named the two agents as his attorneys for property and as trustees and sole beneficiaries of his estate under his Will.

Eventually, the abuse was discovered when doctors determined the man lacked capacity to make decisions and contacted New Brunswick’s public trustee office. The public trustee’s office, in turn, passed along news of what happened to New Brunswick’s regulator for real estate agents, who have now suspended the licences of the agents for at least one year.

This story showcases just one of the ways in which a person might become a victim of financial abuse. Elderly people without the social support of family members or strong community ties may be especially vulnerable to this abuse. This story also highlights, however, the important role 3rd parties can play in catching and preventing elder abuse. This can be seen by the intervention of hospital staff, the public trustee office, and the professional regulators.

While the article doesn’t explain whether the victim had his power of attorney and will drafted by a lawyer, this article will hopefully also serve as a reminder to drafting solicitors to probe these issues when retained by clients who may be vulnerable to undue influence and abuse.

To learn more about elder abuse, check out the National Council on Aging’s Factsheet and RBC Wealth Management’s page on recognizing and preventing financial elder abuse.

Thanks for reading!

Sayuri Kagami

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