The effective and prudent use of durable or medical powers of attorney brings no headlines. In the same way, the misuse of these legal privileges is often kept secret and met with incredulity by relatives when discovered.
My firm has seen several incidents where power of attorney was misused at the end of an elderly adult’s life to benefit the holder of the power of the attorney. Examples of misuse include the transfer of real property to the holder by negating trust provisions that provide for a different distribution; the seizure of personal property held in safe deposit boxes coupled with later denials of the existence of the property; dramatic changes in bank accounts that are inconsistent with will or trust provisions; and the transfer of title to vehicles.
Some holders of medical powers of attorney have even misused their privileges to prevent family members from visiting the hospital bed of a gravely ill or dying relative. The state of California has recently addressed this issue via legislation, making this kind of abuse much more difficult, but stories abound about how a son or daughter, or grandson or granddaughter, could not visit a dying relative because a stepmother or stepfather prevented the visit. If someone is forced to deal with this issue, he or she should immediately contact a lawyer familiar with elder abuse laws. Medical facilities should also be aware of their limitations of their power in preventing visits.
Isolation And Freeze-Outs
Isolating elders from their families, neighbors and loved ones is an all-too-common occurrence in instances of abuse. Changed door locks, newly locked front gates, cell phone seizures, failure to answer or open the door to visitors and unreported removals of elders from their homes are part and parcel of the isolation process. These actions cause family members to fear for the safety of their loved ones and also may create a sense of helplessness. Unfortunately, such conduct is common.
For Californians dealing with isolation or freeze-out abuse, the first step is to call Adult Protective Services; residents of other states should contact their local equivalent. Many local law enforcement agencies also have task forces that deal with such abuse. Civil lawyers skilled and experienced in elder abuse issues can assist with these contacts and can also address such issues in civil filings that include restraining orders and other appropriate measures.
Some words of warning, however: While isolation and freeze-out conduct might be obvious to a family member of the elder, this form of misconduct may not be as obvious to authorities. Criminals and wrongdoers do not usually jump at the chance to admit guilt. While there is no excuse for elder abuse, wrongdoers will readily provide them. Here are some common excuses:
• “I had to keep everyone away because they just upset [the elder].”
• “We had to move Grandpa to Arizona because they have the best medical care there.”
• “I had to keep Aunt Bessie away from the phone because she only got upset when she heard from her relatives.”