Elderly and alone, my client had faced
the future with fear. Widowed and childless, she relied on her
money to secure her the attentions of her neighbors and
nieces. Money was the carrot; the stick was being written out
of the will.
Ambitious and unscrupulous, some of
the recipients believed they had found an opportunity too good
to pass up. They became perpetually importunate, sad faces
masking an insatiable greed.
This is the stuff of Dickens novels
and elder law practices. It is often the duty and privilege of
elder practitioners to protect the vulnerable from sociopaths
who believe that vulnerability is the unpardonable sin.
How do you protect those you love from
"helpful" relatives? Several steps will make rapacity hard to
conceal and easier to thwart.
First, make sure your loved one has
established a relationship with a competent attorney and
financial and medical professionals. The fact that your aunt
or grandfather has visited and gotten to know an attorney will
make less credible a new will or power of attorney benefiting
a distant relative, drawn up by an attorney your loved one
never met before.
If your elderly cousin has a
long-standing relationship with a doctor (a rare commodity
these days), a certification of incompetency drawn by a
stranger would be less likely to withstand scrutiny. A
brand-new brokerage account with a new broker would be more
likely resisted if your loved one had a decades-long, mutually
fruitful relationship with a broker. Of course, if a distant
relative is the beneficiary of the account, that's a tip-off.
Second, make sure estate documents are
kept current. Wills should have updated distribution
arrangements, and should be reviewed periodically. Fiduciary
designations – executors, agents and trustees – should be
revised as necessary.
Third, make sure important documents
are kept in a secure location. If you can't find the original
will, power of attorney or medical directive, it can't be used
to protect your loved one. A safe deposit box or locked
fireproof strongbox are good choices, as long as a trustworthy
person has access.
Fourth, keep lines of communication
open. This can be more difficult than it seems. People value
their privacy, and might not want to disclose their dealings.
The surreptitious lunch with a cousin or the sudden return of
a long-lost friend might be "just our secret," and your loved
one might not want to make it known.
Fifth, if possible, be aware of
out-of-the-ordinary financial dealings. In this day of privacy
statutes and regulations, making it paradoxically easy for the
government and hard for anyone else to find out your affairs,
the helpful local banker or broker who will call and alert you
to problems is becoming a rare commodity. Yet the banker or
broker who knows something is amiss is often distraught.
Finding a way to bridge the privacy gap is difficult, but can
be critical to protecting vulnerable elders.
Because sometimes even well-meaning
family and friends are kept at arms length by their elderly
relatives, it can be a challenge to assist them. If they are
in failing health, either mentally or physically, the need
becomes imperative, but can become nearly insurmountable as
they struggle more and more to assert their autonomy.
Mental health professionals and social
workers can help in determining when your elderly loved one
needs assistance, and what assistance is needed. This writer,
various public agencies including the county Office on Aging,
and other elder professionals can provide referrals to
qualified individuals.
Assisting vulnerable elderly persons
can be a challenge on many fronts, but the challenge is far
outweighed by the satisfaction of serving those most in need.