Taking advantage of older persons for economic gain is not uncommon. New York Guardianship Lawyers are familiar with many cases where a person who is incapacitated due to a physical or psychological condition is misled and mistreated in order to obtain control of their finances.
Guardianship proceedings under Article 81 of the New York Mental Hygiene Law (“MHL”) often involve situations where a caretaker or close relative or friend misuses their authority through a durable power of attorney or other paper to obtain control or the transfer of a person’s assets. Sometimes these papers include a Last Will that is all of a sudden changed and disinherits the incapacitated person’s family in favor of the wrongdoer. A number of recent blog posts provide examples of this all too frequent occurrence. In a post by Liz Schumer on January 27, 2014 at SpringvilleJournal.com entitled “Elder fraud: one woman’s story, a nationwide epidemic“, the tragic story is told about a Chicago woman who suffered from Alzheimer’s disease. In this case various persons conspired to get a power of attorney and guardianship over the woman and estrange her from her daughter. The post describes how the wrongdoers manipulated the woman and provides an excellent set of circumstances that are indicators of the existence of elder abuse such as large withdrawals from bank accounts, changes in the person’s legal documents such as a Will or Power of Attorney and unusual financial activity that the person would not ordinarily engage in.
Another recent post appearing at OrlandoSentinel.com on February 8, 2014 by Rene Stutzman entitled “Jeno Paulucci heirs fight over $150 million“, describes a recent Court filing that alleges that a multi-millionaire businessman who was 93 years old, legally blind and in intensive care transferred control over most of his $150 million estate from his longtime attorneys to other confidants.
Both the New York Guardianship Courts and the Surrogate’s Courts review cases where relatives claim that they were wrongfully deprived of their inheritance or assets which were improperly taken from their incapacitated next of kin. These Courts have the ability under numerous statutes and case-law to undue the abuse that has occurred by voiding powers of attorney or deeds and bank account transfers or denying probate to a Last Will.
I have represented many individuals in proceedings where elder abuse has occurred and the Court is requested to remedy the situation. Guardianship courts such as the Queens Guardianship Court and Manhattan Guardianship Court are vigilant in protecting senior’s rights and providing a remedy for financial manipulation of a person’s assets.