A Fresh Warning about Senior Abuse
The news this week brought the sad tale of an 82-year-old Aiea man who gave his power of attorney to an acquaintance, who then used it to strip his bank account, get credit cards in his name, and a reverse mortgage that put him in debt over $750,000.
While the theft is under investigation by the state Dept. of Human Services Adult Protective Services, it points out the glaring abuse someone can make of a power of attorney, transforming the document into a license to steal. More often it is relatives or caregivers who take advantage of the elderly. "It's a huge problem," said Bruce Bottorff, associate state director of AARP. "We continue to do education and outreach because it is so prevalent and, frankly, underreported. People need to be vigilant as the population grows older."
A quarter of the 630 cases investigated by Adult Protective Services in fiscal year 2009 involved some form of financial exploitation of adults who, because of mental or physical impairment, are dependent on others for their health, safety or welfare.
The UH Elder Law Program offers basic legal assistance, advice and information to needy people 60 and older, and caregivers. James Pietsch, director of the program, recommends a living revocable trust in place of a durable power of attorney.
The Legislature is considering a measure that would establish additional protections for individuals giving away control over their personal and financial decisions. House Bill 2979 requires that a power of attorney be witnessed by two people who are not related to the "attorney of fact" — the "agent" who is receiving the power of attorney — and acknowledged by a notary public.
If you care for a senior, or know someone who might be taken advantage of, be sure and check with the Elder Law Program, contact your representatives for House Bill 2979, and the Human Services Division. Oahu has many resources to use if you want information, from the Alzheimer's Association to the government. Protect yourself and your loved ones!
Barbara Abe, Realtor
barbara@barbarashawaii.com
808-226-2537