{"id":13085,"date":"2025-03-30T06:00:39","date_gmt":"2025-03-30T11:00:39","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13085"},"modified":"2025-06-18T11:57:33","modified_gmt":"2025-06-18T16:57:33","slug":"preventing-elder-exploitation","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/estate-planning\/preventing-elder-exploitation\/","title":{"rendered":"Villains Walk Among Us: Preventing Elder Exploitation"},"content":{"rendered":"

Bert is 89 years old, estranged from his family, and living at a <\/span>care facility<\/span><\/a>. He has $330,000 in life savings.\u00a0<\/span><\/p>\n

Bert is in a good environment where his needs are being met, and he has enough money to provide for his care for the foreseeable future. For most people, that would be enough.<\/span><\/p>\n

However, in my jaded world view, Bert is vulnerable. He has no one to protect him from <\/span>elder exploitation<\/span><\/a>.\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

How Does Elder Exploitation Happen?<\/span><\/h2>\n

The Beginning<\/span><\/h3>\n

Sure enough, into Bert\u2019s world comes the perpetrator, a man who uses intimidation to get what he wants and has a long criminal history that includes several violent offenses. He does not look like a villain, but then few people do.\u00a0<\/span><\/p>\n

The perpetrator befriends Bert and gains his trust. He persuades the older man to sign a power of attorney naming him as agent.<\/span><\/p>\n

The perpetrator then takes over. He feeds Bert a string of lies. He keeps Bert from attending meetings with the care facility staff, telling him the meetings would upset him. The perpetrator tells the care team that he and his fianc\u00e9 can take better care of Bert at their home. He has Bert discharged from the facility\u2013against the care team\u2019s advice\u2013and then tells Bert that the facility has kicked him out.\u00a0<\/span><\/p>\n

What happens next is so predictable.<\/span><\/p>\n

The Perpetrator Strikes<\/span><\/h3>\n

Once the perpetrator has Bert at his home, he denies him food, medication, and access to the restroom. He convinces Bert that they should go into business together and then takes his $330,000 as an \u201cinvestment\u201d in the business. The perpetrator instead spends the money on himself or for his own benefit.<\/span><\/p>\n

Bert fears for his life and calls the facility, which tells him he is welcome to return. Bert shows up traumatized and covered in bruises. The facility calls the authorities.<\/span><\/p>\n

Even then, the perpetrator does not give up. He attempts to contact Bert. He sends Bert a check for $500. The fianc\u00e9 visits the facility to try and talk Bert into dropping charges.<\/span><\/p>\n

The Shocking Reality of Elder Exploitation<\/span><\/h2>\n

Unfortunately, Bert\u2019s story is not unusual. He has joined the legion of elderly people who have been lied to, stolen from, or falsely imprisoned. Like most attorneys who practice in this area, I have seen cases where evildoers:<\/span><\/p>\n