Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated[1] is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily overlooked evidence of such abuse, and the sometimes invisible nature of the abuse itself, make this a difficult issue to both recognize and address, even by those closest to its victims. This abuse, compounded by individuals seeking to profit from their abuse and seemingly statutory loopholes allowing them to do so beckoned judicial intervention.
Elder Abuse
Equity Prevails and Voids Marriage Between Aides and Aged Patients
As ever growing segments of the American population transition into senior citizenship, there has been an alarming rise in what is broadly known as Elderly abuse. Neglect, financial exploitation, physical and or mental abuse, are all forms of elder mistreatment that are adversely effecting increasing numbers of people in our community, and people throughout the country.
This unfortunate occurrence is exacerbated by tough economic times, an increasingly strained healthcare system, and a lack of awareness about the nature and depth of this problem on behalf of families, and the professional communities that offer services to them.
As illustrated in a recent series of decisions, the Courts have been actively taking steps to protect older generations from new forms of elder abuse by using traditional legal tools to address this growing social problem.
Elder Abuse: Tragedy and Triumph, a Practitioner’s Perspective
“My isolation leaves me weak,
however just my cause.
But opposing you, old as I am,
I will stop at nothing.”
– Sophocles.
As practitioners, Jurists, and medical professionals alike have all increasingly recognized, elder abuse is one of the most alarming, fastest growing, and tragic social issues of the early twenty-first century.
Although there is much disagreement if this trend is attributable to an increase in reporting, a greater formal acknowledgement of the issue, a larger and more inclusive definition of what constitutes elder abuse itself, or if elder abuse is indeed occurring with greater frequency, the unsettling fact remains that with life expectancy increasing and greater numbers of the American population enter senior citizenship, abuse rates for people over the age of sixty-five are rising.
Defending against Elder Abuse and Unfounded Allegations of Elder Abuse
The Courts have long recognized that elder abuse is a systemic problem facing our senior population and have noted, “[E]lder abuse, including the financial exploitation of elderly individuals, is often a well hidden problem, in part because the perpetrator of such conduct is in many cases a member of the victim’s family.” However, although elder abuse does occur, many allegations of abuse are unfounded and are utilized by family members who find themselves in a struggle over a relative’s estate prior to their relative’s death. Further, in Surrogate’s Court, which is often referred to as the “matrimonial court for siblings,” we find heirs to an estate who assert claims of elder abuse following the death of their loved one in an unveiled effort to undo the testamentary wishes, gifts and intent of their deceased relative. Like so many issues we as attorneys are faced with, the allegation of elder abuse is often coupled with other legal matters and sadly many times have more to do with the family members of the elderly individual than the elderly individual themselves.
Bashian & Farber, LLP 