Cathy Cress

Expert in Aging Life and Geriatric Care Management

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Financial Abuse as an IADL -Undue Infuence

January 27, 2013

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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

Filed Under: Aging Tagged With: case manager, checklist for aging parent problems, conservator, crisis with aging parents, elder abuse, elder abuse by family members, elder abuse fiscal assessment, elder law attorney, financial abuse, Financial Planner, Forgiveness, Functional Assessment, GCM Operations Manual, geraitric assessment, Geriatric Assessment, guardianship, IADL financial abuse, IADLs, Instrumental Activities of Daily Living, Mickey Rooney, My Geraitric Care Management Operations Manual, National Assocaition of Geraitric Care Managers, Psychsocial Assessment

Elder Fiscal Abuse- It even Happened to Mickey Rooney

July 29, 2012

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In my book Handbook of Geriatric Care Managers 3rd edition , I researched is elder abuse and how a family caregiver may be stopped from falling off that violent edge. One way to help prevent elder abuse is engaging a professional to assess family caregivers’ needs and finding respite services and other support services in the community.

Stress is a big factor with caregivers. A study done by Schultz and Beach in 1999, called the “Caregiver Effects Study,” revealed the spectral finding that family caregivers who experienced the greatest levels of stress were 64% more likely to die within the next four years than non-caregivers. The strain of caring sometimes ends in elder abuse, for certain family caregivers like siblings—although certainly not all.

Carmen and Barbara Morano, in their article “Applying the Stress, Appraisal and Coping Framework to Geriatric Care Management,” published in the GCM Journal, Spring 2007, have applied the stress, appraisal, and coping framework to assessing the caregiver burden. They state that there is a lot of research that tells us that this grid can be used to understand stress in family caregivers, predict how family caregivers react to the stress and burden of care, and design solutions to that help family caregivers manage the stress of caring for a loved one.

Caregiver stress—its origins, how to relieve it—is one of the most important reasons for a professional in the field of aging , like a geriatric care manager http://www.caremanager.org/ should assess family caregivers and hear their pain. It isn’t just the ill or disabled older family member who should be the focus of a geriatric care manager social worker, nurse, or helping professional . Professionals on aging also need to zero in on the family caregiver. Caregiver burden many times equals caregiver stress, and when too much strain builds up in the caregiver, a person can be so knocked off balance he or she may not be able to care for either the client or him- or herself any longer. If a family member is caring for another older family member, the burden of that care, like bundles of lead on the back of a pack animal, can get heavier and heavier until the animal crumbles to the ground. Family caregivers are like that—they collapse sometimes, elder abuse occurs, Adult Protective Services is called in and the result is sometimes nursing home placement for their spouse or relative.

This even happened to Mickey Rooney. A new documentary Last Will and Embezzlement, a documentary starring Hollywood icon Mickey Rooney about the financial exploitation of the elderly. See the You Tube trailor

Filed Under: Aging Tagged With: Anthony Astor, elder abuse by family members, elder financial abuse, family meeting, Grey Gardens, Handbook of Geraitric Care Management, Jones and Bartlett, Mickey Rooney, Mrs. Astor, parent care crisis, sibling fiscal abuse, siblings

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