Text Box: 	This lack of coordination of assets can be a substantial problem, since most people’s wealth is tied up in assets that will not usually pass under their will or revocable lifetime trust.  In addition to retirement accounts, annuities, and life insurance, joint ownership with right of survivorship is another example of such property.

	The lesson here is that merely having a will or revocable lifetime trust is not enough. You also have to take the steps necessary to ensure that all of your property will pass in a coordinated manner.  In many cases this will entail updating your beneficiary designations to keep them consistent with your underlying estate plan as articulated in your will or revocable trust. 

	Please call us to arrange for an appointment if you would like to review how your current assets would pass at death and the specific steps you might need to take to make sure that all of your assets will pass in a coordinated manner.
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Text Box: LACK OF COORDINATION OF ASSETS A COMMON ESTATE PLANNING MISTAKE 
(Continued)
Text Box: Summer, 2005

Financial exploitation of the elderly is becoming an increasing problem in our society. As modern medicine allows more and more people to live well into their 80's and 90's, these same older persons become unavoidably dependent on others for their care, and thus vulnerable to have that trust and dependency abused.  Unlike dementia and Alzheimer’s disease, which are more readily observable, financial exploitation as a form of elder abuse can be easily hidden behind the mask of the “caring” perpetrator who has been entrusted with the affairs of a dependent elderly person.

 

IDENTIFYING FINANCIAL EXPLOITATION

 

Financial abuse typically begins when the perpetrator, who can be a family member, neighbor, or acquaintance, recognizes that the elderly person is weakened and whose trust can be exploited.  This may be based on several factors, including that the older person is:

 

¨         Physically disabled, and thus dependent on others for the basic needs of daily living, such as bill-paying, transportation, and shopping.

¨         Mentally or emotionally vulnerable due to grief over the recent loss of a loved one (spouse, sibling, etc.) with whom they lived or to whom they were close.

 

¨         Living alone, and thus isolated from contact with other family members or friends.

 

 The perpetrator next secures the elderly person’s trust and confidence by being considerate and helpful. In extreme cases the perpetrator also begins to further isolate the older person from contact with other people who may have been helpers in the past, or whose influence might interfere with that of the perpetrator.  Phone calls are screened, mail is checked, and visits by outsiders with the victim are discouraged or conducted only in the presence of the perpetrator.

 

Gradually all affection and dependence are transferred to the perpetrator. Victims will even lie about their condition to keep away family, friends, the police, or a state Protective Service investigator.

 

Perpetrators will attempt to manipulate the older per

FINANCIAL EXPLOITATION  OF THE ELDERLY – 

HOW TO SPOT IT, AND WHAT TO DO ABOUT IT

 

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 © 2007 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 06/29/07