Using Guardianship to Stop Elder Abuse
A conviction for elder abuse is rare, but elder abuse itself is rampant. Financial abuse of the elderly usually happens in one of three ways. First, the elderly person is convinced to sign a will, deed, or other legal instrument giving the abuser financial assets. Second, a person appointed under a power of attorney by the elderly person abuses those powers and uses the money not to take care of the elderly person, but for themselves. Third, abusers sometimes get access to checking accounts, without the use of a power of attorney, and either forge checks or withdraw funds for their own benefit.
Of course, these behaviors are illegal, but convictions are rare. In one infamous Dallas case involving a Swiss Avenue Estate, it took seven years to get the abuser convicted and then he received a slight punishment: four years probation, a $1,000 fine, and thirty days in the county jail. Like most cases of elder abuse, the solution does not resort in turning to governmental prosecutors or Adult Protective Services. Concerned family needs to retain a private attorney to pursue civil remedies.
GUARDIANSHIP CAN STOP ELDER ABUSE!
Please contact our office if you need assistance with any guardianship or elder abuse issues in the Dallas-Fort Worth Area.
Abuse by Will, Deed, or Legal Instrument
When the issue is whether a will, deed, or other legal instrument is valid, the issue is often resolved after the elderly person has passed away. If the issue is a fraudulent will, the will may be contested and a prior proper will can be admitted to probate. If the issue is a deed or other instrument that has immediate effect, a suit can be brought to void the deed. Often, however, the only person that can legally bring such a lawsuit is a guardian appointed for the elderly, incapacitated victim.
Guardianships to Cure Elder Abuse
If challenging a deed, challenging the actions of someone holding a power of attorney, or seeking redress for fraudulent checks, an elderly person can retain an attorney and sue to cure the problem. The obvious hurdle in such a situation is that the abuse occurred in the first place because the elderly person is incapacitated. The person taken advantage of simply does not have the mental ability to cure the problem that they themselves allowed to occur. Accordingly, someone needs to sue on behalf of the abused. Someone holding a power of attorney can bring such a lawsuit, but it is often that person who is the abuser. Otherwise, the only realistic option is to seek an appointment as a Guardian of the Estate so that Guardian can sue in the name of the elderly victim.