Thursday, July 05, 2012

Prevent Elder Abuse, Adopt ACT program

Posted by CotoBlogzz

In the piece titled, Only You can Prevent Elder Abuse, we argue that elder abuse, like any other crime, in most cases – some 70-90% of them, the culprit is an insider.  Someone close to the vulnerable.  We also make the case that while laws, regulations, and law enforcement agencies, such as the OCSD, OCDA, politicians, industry lobbyist (such as the AARP) and  the various bureaucracies, such as California Adult Protective Services, (APS) California Department of Aging, California, California Long Term Ombudsmen, FAST and on an on ad nausea may help, all are for the most part useless  - they ARE the problem.

The alternative is a proposal we refer to ACT:  Awareness, Communication and Tenacity.  In a future  piece, we will expand on this program, but the tenet is that if your friends and family have been victims of abuse, do not expect the system to work for you. it will not.  It  is up to you.

The story below is an example, not an exception that proves the rule,but the rule:

My only sibling and his wife embezzled over $600k from my mom. Left her with $166 at 93. She has dementia. She was evicted from Atria in Sand Juan Capistrano, she only has a small SS benefit, I mean SMALL. I will discuss where I had to move her another time, but I did not put her on welfare.
My experience with Orange County Adult Protective Services (APS) was laughable and one agent put me in jeopardy by telling my brother I reported him. I did not as several financial institutions reported the elder exploitation of my mom.
My mom's given name is a man's name making it easy for my brother to pretend he was her. His wife impersonated my mom on the phone with B of A to obtain more credit in my mom's name.
Not only did they financially rape my mom, they used her SS# to reopen very dormant credits cards in her name and charge up a storm.
I filed a police report with OCSD who sent it the case back East, where my brother lives. The Orange County District Attorney's (OCDA) office refused  the case and I got the case reopened last summer, only t have the  DA say everything they did was perfectly legal.
There is a springing Power of Attorney (POA) involved, undue influence, possible conflict of interest by the attorney my brother used to gain control of my moms finances.
"Durable" and "Springing" Powers of Attorney (POA) are frequently used to plan for a Principal's future incapacity or disability and loss of competence resulting, for example, from Alzheimer's Disease or a catastrophic accident. By appointing an Agent under a "Durable" or "Springing" Power of Attorney, the Principal is setting up a procedure for the management of his or her financial affairs in the event of incompetence or disability.
A "Nondurable" Power of Attorney enables a Principal to decide in advance who will make important financial and business decisions in the future.  POAs are also helpful in avoiding the expense of having a court appoint a Guardian to handle the Principal's affairs in the event of incompetence or disability.
My brother is a typical  profile, an alcoholic in and out if rehab, but he's a classy addict in his Gucci loafers and designer clothes.  His last purchase was a BMW SUV before draining my mom's trust to $166.
No one did a thing, the Orange County's  Financial Abuse Specialist Team (FAST, )  no one. I have all letters to lawyer asking him to make sure my mom's funds were safe. He called my brother instead and didn't protect his client, my mom.
My mom almost died because of this abuse.
Law enforcement won't pursue family. Embers who exploit their parents.
Low risk crime with no consequences.
The case is complex and the OCSD and the police back east argued over jurisdiction. I had a female  Investigator for while who fought hard for my mom, then was promoted.
We went to the FBI because mail fraud and  Internet transactional fraud. My surprise is the DA does not know what a springing POA is. Shocked. My brother never had legal POA.
I don't expect anyone to do anything on my mom's behalf, unless she could move to a better care facility. There is something shady going on with the agencies. I want  to uncover the ness. Tell the truth. And there is an elder law community intentionally impoverishing seniors.

Stay tuned.  We are working the case and will report our findings.

If you have stories of elder abuse, let us know:

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