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PROFILE OF THE PERPETRATOR
People who tend to financially exploit a dependent
older person through undue influence can range from the older person’s spouse, child, or other close
relative, to more remote family members, neighbors, attendants in a nursing
facility, or acquaintances.
Perpetrators generally fall into two groups:
opportunists and predators.
 | "Opportunists" begin their relationship with an
elderly person in a close and trusting manner. Over time, however,
opportunists, whether due to resentment, repressed anger, or some other
rationalization, come to believe that they are entitled to take the older
person’s assets.
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Opportunists most often are family members. In
many cases they have been entrusted with the victim’s assets as an agent under
a durable power of attorney, as trustee of a lifetime trust, or as a joint
owner of bank accounts, and end up using that access to transfer the assets to
themselves.
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Unrelated opportunists can include housekeepers,
neighbors, a trusted care-giver at an assisted living facility or nursing
home, fellow members of a church or synagogue, clergy, attorneys, accountants,
bankers, and investment advisors.
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"Predators" are those who intentionally seek out older persons of apparent
means to victimize. Predators tend to find their victims by frequenting places
that are known to cater to elderly people, such as senior centers, nursing
homes, and even support groups for the bereaved. Predators may purposely
obtain jobs in private homes, hospitals, or pharmacies to seek out potential
elderly victims. Predators are even known to review obituary columns for names
of bereaved surviving relatives. |
Reference: Bennett Blum, M.D. , Testimony to the
Senate Committee on Commerce. Science and Transportation, Hearing on Targeting
America's Senior, July 28, 1999.
Another mark of perpetrators is that, even when confronted with overwhelming
evidence of their abuse and undue influence, they do not apologize for their
actions. Their responses more often are aggression and anger toward the accuser.
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DISCLAIMER
Martin J. Hagan is licensed to practice law in the
Commonwealth of Pennsylvania. This website is intended solely for
informational use and is not intended to solicit clients. Likewise, any
information contained in or obtained from this web site is for informational
purposes only and is not intended to be used as legal advice.
IRS CIRCULAR 230 DISCLAIMER :
Pursuant to Treasury guidelines, any tax advice contained in this website
(or any link from it) does not constitute a formal opinion. Accordingly, any tax
advice contained in this website (or any link from it) is not intended or
written to be used, and cannot be used by any taxpayer, for the purpose of
avoiding penalties that may be asserted by the Internal Revenue Service. You should seek advice
based on your particular circumstances from an independent tax advisor.
Send mail to mhagan@haganlaw.net with
questions or comments about this web site.
Copyright © 2008 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated:
05/28/08
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