Tag: Neglect

13 Sep

Detecting Warning Signs of Elder Abuse

Kira Domratchev Capacity, Elder Law Tags: , , , , , , , , 0 Comments

Many of us are familiar with the concept of “elder abuse” or “elder neglect”, however, it is not always clear what that entails. WEL Partners consulted with the Toronto Police Services in developing an information guide for officers, on this very topic. It is now a guide that has been distributed to officers in the field.

Elder abuse/neglect “is any action or inaction, by a person in a position of trust, which causes harm to an older person”, as the guide indicates. As Toronto Police Services officers are often the only point of contact for older adults with the “outside world”, they are also often their only real chance of getting the help they need.

The guide lists various reasons as to why elder abuse/neglect is often under reported by the older adults that are the victims of such treatment:

  • shame/embarrassment
  • dependence on abuser/family member
  • guilt/self-blame
  • rationalization/minimization of the abuse
  • denial of the abuse
  • lack of recognition of abuse
  • physical inability to report abuse
  • feelings that they will not be believed

In the absence of victim/witness statements that are often relied on as evidence, the officers investigating these situations should be able to recognize some subtle warning signs of potential abuse of older individuals.

Some common types of abuse are noted as follows:

  • Financial abuse
  • Physical abuse
  • Psychological abuse
  • Neglect

The report describes various red flags for each of the categories listed of the common types of abuse. It further describes some additional considerations such as the mental capacity of the senior adult and the following questions to consider in assessing whether capacity is present:

  • ability to understand the information needed to make a decision; and
  • ability to appreciate the consequences of making, or not making, a decision.

For more information on this valuable resource in assessing whether the circumstances at hand show signs of elder abuse/neglect, see the Elder Abuse & Neglect: A Guide for Police Officers.

Thanks for reading!

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

When Elder Abuse Goes Undetected

Elder Abuse in the News

A New Way to Prevent Elder Abuse

 

02 Sep

Elder Abuse

Hull & Hull LLP Estate & Trust Tags: , , , , , , , , , , , , , , 0 Comments

In an aging society, our elderly can easily fall prey to predators looking to exploit them. Elder abuse can take many different forms: physical, psychological or financial abuse, or simply neglect.

I read an article yesterday about Huguette Clark, the 104 year old heiress whose wealth is estimated at half a billion dollars. During her lifetime, Clark made generous gifts towards those who cared for her. For instance, it is reported that Clark gifted $10 million dollars to her social secretary. 

It is reported that Clark’s wealth is being managed by her lawyer and her accountant. 

A former paralegal who worked for Clark’s attorney, has now blown the whistle on what she alleges is improper behavior by Clark’s attorney and accountant. According to reports, it is alleged that they “drafted a will that would have left money to [one of them], trying repeatedly to persuade her to sign it — then joked about their client and cursed her behind her back when she would not sign the will.” It is also reported that her lawyer allegedly solicited from Clark $1.5 million dollars to build a security system for a community where his daughters and their families live. In addition he allegedly sold a Stradivarius violin for $6 million dollars and a Renoir painting for $23.5 million. 

A criminal investigation has now been launched by the Manhattan district attorney, who has the Elder Abuse Unit of the New York County District Attorney’s Office looking into the handling of Clark’s finances.

It bears repeating that the complaints at this stage are unproven allegations. Nonetheless, the mere thought that this could happen provides us with a dreadful reminder of what the elderly face in our society today.

 

Thank you for reading,

 

Rick Bickhram – Click here for more information on Rick Bickhram.

 

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