Cathy Cress

Expert in Aging Life and Geriatric Care Management

How Fairy Tale Lives of Aging Rich and Famous Become Elder Abuse Nightmares

This week a New York Times article  , on 93-year-old billionaire media mogul, Sumner Redstone ,offered a lesson on how to avoid financial elder abuse .  Redstone may be his own worst enemy, according to the story, setting up a trust that invited ” sweetheart scams” and undue influence, by a cast of  accused younger lovers, his daughter and top aides. 

An elder law attorney interviewed in the piece, warns that this legal threat is growing all over the world as the populations ages. The rich and famous, like Redstone, Harper Lee , 104-year-old heiress Mrs. Astor , and the bizarre centenarian, Hugette Clark, who made her home in a famous New York Hospital for 20 years and then left her fortune to a nurse and the the hospital foundation – all became fodder scandal media. But each was alleged or proven elderly scams that opened up front page law suits involving uber rich entitled and confused elderly. This brings attention to a huge problem that professionals in aging and care managers see on an increasing basis.

 

 

What Are the Red Flags For Caregiver Elder Abuse?

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If caregiver abuse is suspected, a caregiver assessment is a critical immediate tool. This is a situation where the GCM must contact Adult Protective Services, following their own state’s laws. In most states you are a mandated reporter .Elder abuse can be triggered by caregiver stress and depression in some situations. Depression that reaches a clinical level in a caregiver can be predictive of elder abuse.

 


What are red flags for caregiver abuse that should be picked up in a psychosocial assessment  in the beginning of the case and should trigger a caregiver assessment immediately?

 

The caregiver:

 

 

 

ØFears that he/she will become violent

 

 

 

ØSuffers from low self esteem

 

 

 

ØPerceives that she is not receiving

 

Adequate help or support from others

 

 

 

ØViews care giving as a burden

 

 

 

ØExperiences emotional and mental burnout

Depression or anxiety

 

 

 

 

 

 

 

ØFeels “caught in the middle” by

 

providing care to children and elderly

 

Family members at the same time

 

 

 

ØHas “old anger” toward the care

 

 receiver that can be traced back to

 

 their relationship in the past

 

 

 

 

 

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Financial Abuse as an IADL -Undue Infuence

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What is undue influence?

Undue influence is when an individual who is stronger or more powerful gets a weaker individual to do something that the weaker person would not have done otherwise.

What is undue influence? A stronger person uses various techniques or manipulations over time to gain power and compliance.

Undue influence can be wielded in one-time events. An example would be a discussion of transaction at an unusual or inappropriate time for example with a widow with recent bereavement someone says” let’s you sign your stock over to me”. There might be a consummation of a transaction in an unusual place like a funeral home. A person applying undue influence might insist or demand that business be finished at once. Multiple persuaders against a single vulnerable person might use undue influence. It might occur when there is an absence of third party advisors, Undue influence can occur when a perpetrator states that there is no time to consult financial advisor’s or attorneys

Undue influence can be used by totalitarian groups, both religious and non religious. An example of this is the mass death at Jonestown

It can be put forth by, especially, existing or cultivated, close and personal relationships. It can be used in fiduciary relationship like an executor, attorney, or accountant

It can be brought to bear in a non –fiduciary relationship like, clergy, housekeeper, gardener, and physician.

The number one villain in undue influence is family , the group most trusted by elders

There is a common denominator of financial exploitation of elders

Undue influence is most common on trusting relationships of long duration (nephew moves in the help elderly aunt and then takes over stock and changes will)

It many times is perpetrated by cultivated by people who are opportunistic

Undue influence can be exerted by someone Isolates the elder, promote dependency, or induce fear and distrust of others. This after happens with sweetheart scams – where a younger woman marries a much older man wealthier who she takes financial advantage of.

What should a GCM or aging professional do? First meet the client alone.

Few admit because afraid of caregiver abandonment or further abuse

If you work for an agency you should meet supervisor and report the abuse

Finally you should call as you are Call Adult Protective Services– In most states you are a Mandatory Reporter

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