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26 Voice Experience 1 (2014)

handle is hein.aba/voiex0026 and id is 1 raw text is: .. . .. .. ZI ....... Elder Financial Abuse: A View from the Front Lines Part II. How to Intervene By Catherine A. Seal Editor's Note: This is the second of a three-part article on elderfinancial abuse. Part I was Preventing and Identifying Elder Financial Abuse. Part II is How to Intervene. Part III will address Remedies. he intervention method depends upon the intervenor and the nature of the abuse. Family Intervention It can be difficult for family members to intervene for many reasons. The senior may be estranged from family for reasons having nothing to do with the current abuse situation. Common scenarios are a history of mental illness, alcoholism, or abuse by the senior or his or her deceased spouse. Alternatively, the current per- petrator may be intimidating family members to keep them away, either through threats of harm or by using his or her authority as agent. Perpe- trators sometimes call the police to claim that the family members are harassing the senior when the fam- ily tries to visit. The senior may be telling the family to stay away, par- ticularly in cases of undue influence. Family members may consult with an elder law attorney, who might recommend several options. * Call Adult Protective Services (APS) to make a welfare check on the senior; * Ask the agent to account for his or her actions as agent under a power of attorney or as trustee under a trust; * Petition for appointment of a conservator for the senior and a review of financial records; * Contact law enforcement directly. While a welfare check is likely to result, if law enforce- ment is presented with a power of attorney that appears on its face to be properly executed, without more information, it may be difficult for law enforce- ment to do more. However, improper financial transactions or similar kinds of evidence may be able to trigger a police investigation. continued on page 13 Published in Voice of Experience, Volume 26, Number 1, 2014. © 2014 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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