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Kristen Lewis
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The General Durable Power of Attorney (“GDPOA”) has often been described as the most effective burglary tool since the crowbar. The defensive use of the elder principal’s GDPOA can minimize the potential for Elder Financial Abuse. Proper counseling of an elder by the estate planning attorney, and customized drafting of... Continue reading
Posted Jul 16, 2014 at Lawyers With Purpose
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Assembling a multi-disciplinary team of allied professionals to advise an elder on a consistent periodic basis can contribute significantly to the prevention of elder financial abuse. Key members of such a team could include the following. National Elder Law Foundation http://www.nelf.org/ Geriatric care manager National Association of Professional Geriatric Care... Continue reading
Posted Jul 9, 2014 at Lawyers With Purpose
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On March 23, 2010, the Elder Justice Act (“EJA”) was signed into law by President Obama as part of the Affordable Care Act (a/k/a “Obamacare”). See Patient Protection and Affordable Care Act, Pub. L. 111-148 (2010), as amended by the Health Care and Education Reconciliation Act, Pub. L. 111-152 (2010),... Continue reading
Posted Jun 4, 2014 at Lawyers With Purpose
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The Probate Court (or other state court with jurisdiction over alleged incapacitated adults) generally has the power to order numerous actions and remedies for elder financial abuse, each of which typically has its own procedural and evidentiary requirements. The appointment of a limited or full conservator for the elder, with... Continue reading
Posted May 13, 2014 at Lawyers With Purpose
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Private civil actions for elder financial abuse under state law could include a complaint for restitution, compensatory damages, and punitive damages under one or more of the following. The burden of proof for civil claims is usually "preponderance of the evidence." Specific statutory causes of action for elder financial abuse... Continue reading
Posted Apr 9, 2014 at Lawyers With Purpose
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Additional challenges for prosecuting elder financial abuse are presented by the growing number of interstate and international mass marketing fraud cases. Such cases include “grandparent scams,” foreign lottery scams and internet scams. Coordination among local law enforcement authorities in multiple jurisdictions (domestic and international) is labor-intensive and problematic. Lines of... Continue reading
Posted Apr 3, 2014 at Lawyers With Purpose
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Remedies For Elder Financial Abuse: State Criminal Prosecution Although the Adult Protective Services (“APS”) statutes and programs in all 50 states and the District of Columbia recognize elder financial abuse as a reportable action, not all states specifically recognize elder financial abuse or exploitation as a distinct crime. In those... Continue reading
Posted Mar 25, 2014 at Lawyers With Purpose
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Parts 6 and 7 of this series addressed the roles of Adult Protective Services and the Long-Term Care Ombudsman Programs in investigating and redressing alleged elder financial abuse. There are several other resources available to handle the myriad legal issues raised by this crime. The Older Americans Act provides funding... Continue reading
Posted Mar 18, 2014 at Lawyers With Purpose
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The Crime of the 21st Century The federal Older Americans Act mandates the establishment of a Long-Term Care Ombudsman (“LTCO”) program in all 50 states and the District of Columbia. (The term “ombudsman” is Swedish for “citizen’s representative.”) The LTCO is “dedicated to enhancing the lives of long-term care residents... Continue reading
Posted Mar 4, 2014 at Lawyers With Purpose
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Adult Protective Services: First Responders for Reporting Elder Financial Abuse All 50 states and the District of Columbia have an Adult Protective Service (“APS”) agency to investigate reports of elder abuse, neglect or exploitation, as required by Title XX of the Social Security Act. The stated mission of an APS... Continue reading
Posted Feb 25, 2014 at Lawyers With Purpose
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Feb 12, 2014