Detectives, Attorneys, Physicians Should Now be Required to Learn the Signs of Elder Neglect and Abuse

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http://www.efmoody.com/miscellaneous/elderlyabuse.html


Elder law attorneys need to be familiar with the signs of elder abuse, whether physical or emotional abuse, neglect or financial exploitation. Develop a checklist for use in cases where abuse is suspected. The National Center for Elder Abuse is an excellent resource.

In drafting powers of attorney (whether or not durable), take care to limit the agent’s powers as narrowly as possible to accomplish the task at hand while limiting the chances of abuse. Check any applicable provisions in the state statute. Consider including a reporting requirement in a separate, companion agreement to the power of attorney that is signed by both the principal and the attorney-in-fact. The reporting requirement could be triggered by a transaction over a certain dollar amount or submitted at certain specified intervals.

Basic language might be along the lines of something such as: "Monthly/quarterly/annually, my attorney-in-fact shall submit to John Jones a verified accounting and supporting documentation." or "My attorney-in-fact shall be required to submit to John Jones a verified accounting and supporting documentation for every transaction over $100." John Jones might be another sibling, an accountant or attorney, or any person that the principal trusts to act as a watchdog over the attorney-in-fact.

Or, a more comprehensive reporting requirement: "Monthly/quarterly/annually, my attorney-in-fact shall account to me and, during any period of time in which I am incapable of considering and reviewing such accounts, to John Jones. John Jones shall have the power to demand an accounting at any time. John Jones shall also have the power to remove my attorney-in-fact [and name a successor?] if John Jones, in his/her discretion, determines that such removal and replacement would be in my best interests. Any exercise by John Jones of the power to remove and replace my attorney-in-fact hereunder shall be exercised by a writing signed by John Jones, recorded in the County Recorder's office in the county in which I then reside, and delivered to my attorney-in-fact and any other person John Jones reasonably knows to be then relying on this power of attorney. In the event that my attorney-in-fact cannot be located, notice of such removal and replacement shall also be given by publication in a newspaper of general circulation in the county in which I then reside, but such removal and replacement shall be effective upon the date of execution of the notice, whether or not publication is completed."...

11/25: ELDER ABUSE LAWS LINK: (Timothy L. Takacs, CELA, Robert B. Fleming, CELA, and Professor Rebecca C. Morgan)

In drafting powers of attorney (whether or not durable), take care to limit the agent’s powers as narrowly as possible to accomplish the task at hand while limiting the chances of abuse. Check any applicable provisions in the state statute. Consider including a reporting requirement in a separate, companion agreement to the power of attorney that is signed by both the principal and the attorney-in-fact. The reporting requirement could be triggered by a transaction over a certain dollar amount or submitted at certain specified intervals.

Basic language might be along the lines of something such as: "Monthly/quarterly/annually, my attorney-in-fact shall submit to John Jones a verified accounting and supporting documentation." or "My attorney-in-fact shall be required to submit to John Jones a verified accounting and supporting documentation for every transaction over $100." John Jones might be another sibling, an accountant or attorney, or any person that the principal trusts to act as a watchdog over the attorney-in-fact.

Or, a more comprehensive reporting requirement: "Monthly/quarterly/annually, my attorney-in-fact shall account to me and, during any period of time in which I am incapable of considering and reviewing such accounts, to John Jones. John Jones shall have the power to demand an accounting at any time. John Jones shall also have the power to remove my attorney-in-fact [and name a successor?] if John Jones, in his/her discretion, determines that such removal and replacement would be in my best interests. Any exercise by John Jones of the power to remove and replace my attorney-in-fact hereunder shall be exercised by a writing signed by John Jones, recorded in the County Recorder's office in the county in which I then reside, and delivered to my attorney-in-fact and any other person John Jones reasonably knows to be then relying on this power of attorney. In the event that my attorney-in-fact cannot be located, notice of such removal and replacement shall also be given by publication in a newspaper of general circulation in the county in which I then reside, but such removal and replacement shall be effective upon the date of execution of the notice, whether or not publication is completed."...