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| Dan Goerke, State Rep. Chuck Efstration & Vernon Keenan |
“We
want to stop the elderly and disabled adults having their assets stolen
by family members and others who get that power of attorney,” Vernon
Keenan said at the state Capitol on Tuesday. “When … they steal all the
assets and they’re confronted by law enforcement, they pull out that
power of attorney and wave it around like it’s their defense.”
A power of attorney is a document that someone signs to grant a trusted friend, family member or other agent to act on their behalf. Many people sign one for medical reasons, such as an Alzheimer’s disease diagnosis.
Keenan was speaking at a news conference on House Bill 221. If it passes, Keenan said, his office would train law enforcement and prosecutors to go after such fraud under the new law. State Rep. Chuck Efstration, author of the bill, filed a similar bill last year.
“I think an important aspect of the testimony we’ve heard is that there’s not a specific mention in the elder abuse statute for these types of crimes, and the danger is that law enforcement responding to reports of these offenses are in a position, or an argument is made, that this is a civil matter, (that) this isn’t a criminal matter,” Efstration said.
He said his bill makes it clear that abusing a power of attorney is a crime that should be investigated and prosecuted.
He also said the measure will make it clear that the agent — the person who has the power — must act in the best interest of the person who has signed over those powers.
Efstration said his bill would bring Georgia’s law into line with 21 other states that have enacted uniform power-of-attorney laws.
“That will provide for a form that users of this power of attorney can easily find in the law and utilize,” the Dacula Republican said.
A power of attorney is a document that someone signs to grant a trusted friend, family member or other agent to act on their behalf. Many people sign one for medical reasons, such as an Alzheimer’s disease diagnosis.
Keenan was speaking at a news conference on House Bill 221. If it passes, Keenan said, his office would train law enforcement and prosecutors to go after such fraud under the new law. State Rep. Chuck Efstration, author of the bill, filed a similar bill last year.
“I think an important aspect of the testimony we’ve heard is that there’s not a specific mention in the elder abuse statute for these types of crimes, and the danger is that law enforcement responding to reports of these offenses are in a position, or an argument is made, that this is a civil matter, (that) this isn’t a criminal matter,” Efstration said.
He said his bill makes it clear that abusing a power of attorney is a crime that should be investigated and prosecuted.
He also said the measure will make it clear that the agent — the person who has the power — must act in the best interest of the person who has signed over those powers.
Efstration said his bill would bring Georgia’s law into line with 21 other states that have enacted uniform power-of-attorney laws.
“That will provide for a form that users of this power of attorney can easily find in the law and utilize,” the Dacula Republican said.
Full Article & Source:
Bill targets ‘license to steal’ from elderly, disabled adults
6 comments:
PoA abuse leads to guardianship. A person should not be placed in a guardianship just because they were victimized by the PoA.
PoA abuse is getting worse. But we must also remember that even though PoA theft by family members is not right, it's less harmful than guardianship. That's the kind of world we live in now.
Big black hole - father with dementia (2012), live-in girlfriend had POAs redone in 2012, sold a house of his-not hers-in 2013, changed financial planner to her friend who then changed her the girlfriend to beneficiary in 2014; then secretly married my dad in 2015 (he doesn't know he's married) so she could inherit everything else. And now we, his children, have no rights to help him. Sitting here watching her neglect him, mismanage his meds while she spends down his 50+ yrs of earnings and gives away his possessions. Try to dig out from this one!
I think this is a good step forward. Everyone needs to remember: Not all power of attorney agents are 'family' related by blood. When a POA agent is failing to act by denying the grantor the funds needed for proper care and nutrition - that's a game changer.
My situation wasn't even poa abuse. They just wanted my Aunts money.
Oh they take guardianship over elderly that aren't being abused. There were 7 of us taking care of my Aunt. She wasn't allowed to be by herself. She had brain tumors which caused her to have some dementia. She walked, talked, went to the bathroom. We pretty much made sure she had food, drinks, and watched that she was safe. We had taken her out of a nursing home that was abusive. When she left there they had her so drugged up she didn't even recognize you or do anything herself. She sat in a chair and soiled herself because they never came in enough time to take her to the restroom. When we got her she gained her strength and was lucid most of the time. We had a nurse come in to check on her. We had physical therapy check on her. Well a couple of times she remembered her rape that happened years ago when she was a teenager. So she told the nurse she was scared. Well it went as far as they called adult protective services. They visited twice and removed her from our home. She had everything she needed and a family that cared and loved her. Well 4 weeks later we attended a guardianship hearing she didn't know us anymore the new nursing home had her so drugged up again. They won the hearing based on lies that they created. They even tried to say my mom was abusing her money. Well we proved them wrong because for the seven months we had her we didn't even recieve her social security or her disability. My mom had just w weeks before they took her got the money to start coming. The only money she had was her pension. Well they got guardianship, took over everything of hers and started liquidating her assets. Put her house up for sale, took money from her revolving acount, switched banks. Three weeks later she passed away. They has my Aunt 6 weeks and basically killed her. So much for protecting her. We are in the process of getting executor of her estate. We found out they were reducing her seisures medicine which she had to have to live. They missed her appointment with her neurologist. So now we have a huge mess on our hands. All thanks to people who were protecting her.
My situation wasn't poa abuse. It was a simple case they wanted my Aunts money.
Oh they take guardianship over elderly that aren't being abused. There were 7 of us taking care of my Aunt. She wasn't allowed to be by herself. She had brain tumors which caused her to have some dementia. She walked, talked, went to the bathroom. We pretty much made sure she had food, drinks, and watched that she was safe. We had taken her out of a nursing home that was abusive. When she left there they had her so drugged up she didn't even recognize you or do anything herself. She sat in a chair and soiled herself because they never came in enough time to take her to the restroom. When we got her she gained her strength and was lucid most of the time. We had a nurse come in to check on her. We had physical therapy check on her. Well a couple of times she remembered her rape that happened years ago when she was a teenager. So she told the nurse she was scared. Well it went as far as they called adult protective services. They visited twice and removed her from our home. She had everything she needed and a family that cared and loved her. Well 4 weeks later we attended a guardianship hearing she didn't know us anymore the new nursing home had her so drugged up again. They won the hearing based on lies that they created. They even tried to say my mom was abusing her money. Well we proved them wrong because for the seven months we had her we didn't even recieve her social security or her disability. My mom had just w weeks before they took her got the money to start coming. The only money she had was her pension. Well they got guardianship, took over everything of hers and started liquidating her assets. Put her house up for sale, took money from her revolving acount, switched banks. Three weeks later she passed away. They has my Aunt 6 weeks and basically killed her. So much for protecting her. We are in the process of getting executor of her estate. We found out they were reducing her seisures medicine which she had to have to live. They missed her appointment with her neurologist. So now we have a huge mess on our hands. All thanks to people who were protecting her.
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