Introductory remarks by Judge Walter J. Clarke: After a seminar given by Abraham Nievod Ph.D., J.D., on Undue Influence, I summarized his presentation for fellow Probate Court judges and share them again in this article. Exploiters of the elderly include the career criminal, a fiduciary, a care giver and family members. The fiduciary could be a conservator, doctor, accountant, attorney, executor or trustee. Common patterns which exploiters utilize to achieve their goal of exploiting the elderly include the use of the following:
Isolation: Exploiters use isolation to control all forms of communication to and from an elderly person. When friends and family call, they are invariably told by the exploiter that the elderly person is sleeping, ill, indisposed, at the doctor or some other excuse. When friends attempt to see them, they are turned away by the exploiter at the door. The elderly person is often induced into changing from long-trusted family lawyers, physicians, accountants or other professionals to the exploiter's cohorts.
The Siege Mentality: Exploiters attempt to convince their victims that only they can protect them from outside hostile forces. At the same time, the exploiter tries to convince the elderly person that former friends and family members are no longer interested in them or that they have become hostile, uncaring, or are only interested in the elderly person's money. If the elderly person is mentally alert, then the exploiter may cause them to be injured to the extent that they become physically dependent upon the exploiter. The exploiter may also administer incorrect medication to further diminish the victim's mental abilities.
Full Article and Source:
Keith Wood: Exploitation of the Elderly a Continuing Problem
Judge Wood has identified fiduciaries as perpetrators of exploitation, but not sufficiently so.
ReplyDeleteThey have the means and are the larger part of the problem, without meaningful court monitoring.
Yes, I agree, Anon1. At least he's identified the fids. It's a beginning.
ReplyDeleteI am glad to see the judge acknowledge isolation and speak about it. There needs to be more heat on those who isolate their victims.
ReplyDeleteMy mother was put on Zyprexa at the guardians request for medication & under false pretenses by a guardian. Consequently her mental capacity has diminished greatly. Knowing the increased risk of death when an elderly person with dementia is administered this drug... "attempted murder" seems fitting for a charge.
ReplyDeleteThis is great. I didn't know any of the "smart" people were able to figure out this kind of stuff.
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