Jefferson City woman charged with elder exploitation in Cole County

by Max Quinn

A warrant was issued Thursday for a Jefferson City woman accused of financially exploiting a nursing home resident, according to court documents.

Amy Shoup is charged with financial exploitation of an elderly or disabled person and misappropriation of funds of an elderly nursing home resident.

She allegedly spent $52,494.91 of the victim's money between Aug. 26, 2024, and June 1 while the victim was living in a nursing home, according to a probable cause statement.

Shoup held durable power of attorney over the victim and was in charge of paying for the victim's nursing home bills, according to the statement.

The nursing home the victim lived in was sold in November 2025. Shoup owed the old company $67,000 and the new one $16,000, according to the statement.

Only sporadic attempts have been made to pay those balances, according to court documents.

The victim said Shoup was not permitted to use their money for anything except for their care. The victim has not seen their debit card nor identification card since they were admitted into the home, according to the probable cause statement.

Shoup admitted to investigators that she had not paid the nursing home bills despite paying her own bills with the victims' funds, according to the probable cause statemnet.

Shoup has a $50,000 surety bond and a warrant out for her arrest. 

Full Article & Source:
 Jefferson City woman charged with elder exploitation in Cole County

Camdenton woman charged with financial exploitation of an elderly person

by Jennifer Weiser

A Camdenton woman has been charged with the financial exploitation of the elderly.

Court documents state that on July 20, 2021, Georgia Larson got a Durable Power of Attorney for the victim.

The documents state that Larson spent $5,866 of the victim's money instead of using it to pay an outstanding nursing home bill.

Investigators said that Larson used the money on groceries, gas, and fast food.

Prosecutors charged Larson with Financial Exploitation Of An Elder/Disabled Person.

Prosecutors requested a warrant for Larson's arrest. 

Full Article & Source:
Camdenton woman charged with financial exploitation of an elderly person 

When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N)

Commentary on Conservatorship of S.H.C., 2025 MT 151N (Sup. Ct. Mont. July 8, 2025)

1. Introduction

This memorandum decision from the Montana Supreme Court settles a narrowly focused yet practically significant dispute within the larger guardianship/conservatorship landscape: Does a durable power of attorney (DPOA) signed by an incapacitated adult on the same day a guardianship order issues remain valid for future conservatorship purposes?

The appellant, David Stanhope, originally obtained temporary guardianship and conservatorship over his father, S.H.C. After an evidentiary pivot, permanent co-guardians (Sharon “Sherry” and Randy Stanhope) were appointed without conservatorship powers, and the court explicitly left financial authority to either S.H.C. himself or a fiduciary of his choosing. That same day (December 5 2022) S.H.C.—with counsel—executed a DPOA naming his granddaughter, BreAnna Simpson, as attorney-in-fact and preferred future conservator. Two years later, Simpson invoked that nomination when Fidelity Investments refused to recognize her mere DPOA and demanded formal conservatorship papers.

David contested Simpson’s appointment, contending (i) the 2022 DPOA was invalid because S.H.C. was already deemed incapacitated and subject to guardianship; and (ii) the prior guardianship order already conferred financial control on the co-guardians, rendering a separate conservatorship duplicative. The District Court rejected both arguments and installed Simpson as conservator, subject to heightened accountings. The Supreme Court affirms.

2. Summary of the Judgment

• Affirmed. The District Court did not abuse its discretion in appointing BreAnna Simpson as conservator.
• DPOA validity upheld. Because the 2022 decree expressly preserved S.H.C.’s right to manage (or delegate) his finances, the subsequent DPOA was neither inconsistent with the guardianship nor facially invalid.
• Statutory priority enforced. Section 72-5-410(1)(b), MCA, gives nomination priority to “an individual fourteen years of age or older designated by the protected person,” and nothing in the record rebutted S.H.C.’s mental capacity to make that nomination in 2022.
• Scope of guardians versus conservators clarified. Section 72-5-321(2)(d)(ii) (guardian may receive funds for welfare support) does not convert a guardian into a conservator or supersede §72-5-427 powers; the 2022 decree intentionally withheld conservatorship authority.

3. Detailed Analysis

3.1 Precedents & Authorities Cited

• In re Guardianship & Conservatorship of A.M.M., 2015 MT 250, 380 Mont. 451 (citing Redies v. Cosner, 2002 MT 86)
  – Reiterates the “broad discretionary powers” vested in trial courts when selecting guardians/conservators.
  – Used by the Supreme Court to frame its deferential abuse-of-discretion review.
• Statutory Framework
  
  • § 72-5-321, MCA – Powers/duties of guardians.
  • § 72-5-404, MCA – Notice requirements for conservatorships (court cites mismatch to § 72-5-314 to show harmless error).
  • § 72-5-410, MCA – Priority order for conservator appointment.
  • § 72-5-427, MCA – Powers of a conservator (contrasted with § 72-5-321(2)(d)(ii)).
• Internal Operating Rules §I(3)(c)
  – Governs memorandum opinions; denotes the decision as non-citable precedent.

3.2 Court’s Legal Reasoning

1. Standard of Review: Choice of conservator is reviewed for abuse of discretion; mixed questions of law/fact (statutory interpretation) are reviewed de novo.
2. Scope of the 2022 Decree: The earlier decree:
   • Appointed co-guardians strictly for personal/medical matters.
   • Revoked David’s temporary conservatorship.
   • Explicitly preserved S.H.C.’s autonomy over financial affairs or his right to delegate via DPOA.
   Hence, when S.H.C. executed the DPOA that same day, he acted within the decree’s boundaries.
3. Capacity to Nominate: Under § 72-5-410(1)(b) the nominating capacity is a threshold inquiry (“sufficient mental capacity”); the District Court accepted uncontroverted testimony from counsel and physician reports that S.H.C. possessed adequate capacity in 2022.
4. Guardianship ≠ Conservatorship:
   • A guardian’s incidental power to “receive money” (§ 72-5-321(2)(d)(ii)) is limited to care and maintenance.
   • Full asset management, investment, and fiduciary duties reside with a conservator (§ 72-5-427).
   • Therefore, the absence of a conservator created a real legal vacuum, justifying Simpson’s petition.
5. Family Conflict Management: Given pronounced sibling mistrust, the District Court imposed extra-statutory monthly account disclosures. The Supreme Court characterized this as a permissible tailoring within the court’s broad equitable powers.

3.3 Anticipated Impact

Although designated “non-citable,” the opinion carries persuasive value in Montana and may influence:

• Trial strategy – Counsel will likely draft guardianship decrees with razor-sharp language about whether the ward retains financial autonomy, anticipating future conservatorship disputes.
• Financial institutions – The scenario illustrates that many brokerage firms demand court-issued conservatorship papers notwithstanding a DPOA; practitioners may seek “springing conservator” language or immediate conservatorship to avoid account freezes.
• Legislative clarification – The statutory overlap between § 72-5-321 and § 72-5-427 might prompt the Legislature to delineate when a guardian’s power ends and a conservator’s begins.
• Familial nominee priority – The case implicitly warns that courts will honor the ward’s nominee even over children/siblings absent clear unfitness.

4. Complex Concepts Simplified

• Guardian vs. Conservator
  – Guardian: Manages personal decisions—health care, housing, daily living.
  – Conservator: Manages financial and property matters—investments, bill-pay, asset protection.
• Durable Power of Attorney (DPOA)
  – A written authorization for another (agent) to handle financial/legal matters, remaining effective even if the principal becomes incapacitated.
• Statutory Priority (§ 72-5-410)
  – A ranked list of who gets first dibs at being conservator; the ward’s own nominee usually outranks family unless the court finds incapacity or unfitness.
• Memorandum Opinion / Non-citable Case
  – Under the Supreme Court’s internal rules, certain decisions are issued without full precedential force; they resolve the dispute but cannot be quoted as binding authority in future cases.

5. Conclusion

The Montana Supreme Court’s decision in Conservatorship of S.H.C. distinguishes the powers of a guardian from those of a conservator while confirming that a durable power of attorney executed in accordance with a guardian-only decree remains valid and controlling for later conservatorship selection. The ruling reaffirms:

1. The ward’s autonomy—when expressly preserved by court order—includes the right to nominate a future conservator via DPOA.
2. Guardianship powers over “money for support” do not morph a guardian into a de facto conservator.
3. Trial courts maintain broad latitude to craft oversight mechanisms (e.g., monthly statements) that balance family friction with the ward’s best interests.

While non-precedential, the opinion provides a roadmap for practitioners navigating the delicate intersection of guardianship decrees, durable powers of attorney, and the eventual need for formal conservatorship. Drafting clarity and early strategic decisions about financial authority can spare families costly litigation and protect the dignity—and expressed wishes—of vulnerable adults.

Case Details

Conservatorship of S.H.C.

Year: 2025

Court: Supreme Court of Montana 

Full Article & Source:
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N) 

Elder Care Law Is Not Designed for Working Mothers in the Sandwich Generation

by Christie Gibson

Court-appointed guardianship locked me in a soundproof closet with other adult daughters navigating a world not designed for women.

(Maskot / Getty Images)

Britney Spears’ autobiography revealed details of her father’s abuse of power through a court-ordered conservatorship that lasted from 2008 to 2021. Her father had reproductive control over her body and even what she ate. 

My experience with a court-ordered legal guardianship didn’t last 13 years, but I am an adult daughter who experienced abuse by a father. The difference is Britney’s dad was the conservator of her, and I was the guardian of my dad. 

Before retiring, my dad owned a small concrete business in our rural Kentucky hometown. He rode a Harley Davidson and went to church on Sundays, except when the weather was nice. He planned meticulously for his end of life like a fantasy. He initiated durable power of attorney (POA) and healthcare surrogate documentation for me to protect his interests in the future. For 20 years, he trained me relentlessly so I would know exactly how to execute his final wishes. 

What he didn’t plan for was dementia. 

My dad was born during the Silent Generation. He served in the U.S. Army Reserves. He wanted a son but got a daughter. Fathers should be grateful to have a daughter, since research proves we provide twice as much caregiving for senior parents than sons do.

My dad also didn’t plan for his health to decline when I was part of the 71 percent of working mothers in America. 

Working mothers and adult daughters who make up the majority of the sandwich generation need the ability to also care for their own mental and physical well-being to avoid burnout. 

Why did I pursue court-appointed legal guardianship for my father? Because POA failed me when he needed it most. My dad was on a path to wreck himself financially. Before his second traumatic hospital stay, where he received the Alzheimer’s diagnosis, he opened three new checking accounts, closed two other bank accounts, opened credit cards at different retail stores he did not frequent, bought a dog, and canceled his Medicare Advantage insurance. A blizzard of yellow post-it notes with his Social Security number and other account log-in information were scattered around his house. Leeches and predators tried to gain access to his life and also harassed and threatened me. 

Alzheimer’s made my dad physically aggressive. He lived with my family for six weeks. As a mother, I could not have this behavior in my home around my children. 

While my POA indicated I was my dad’s chosen healthcare surrogate and could make decisions when he was incapacitated, every time I called to “fix” something he had broken, I was asked to put him on the phone for his approval—even after I explained he was incapacitated with Alzheimer’s. To complicate matters, his Alzheimer’s diagnosis came during the worldwide pandemic in 2020. He lived 800 miles away from me. 

Trying to undo damage my dad did to his Medicare health insurance while denied rights as POA was a nightmare. Alzheimer’s care isn’t cheap. His long-term memory care cost up to $9,000 per month, and it was not easy to secure during the pandemic with a healthcare professional shortage.

Achieving court-appointed guardianship was a different nightmare. Eleven months and thousands of dollars later, I was appointed and bonded as his legal guardian (of the person and of the estate) in Texas. But, court-appointed guardianship locked me in a soundproof closet with other adult daughters navigating a world not designed for women. 

Why wasn’t the court order enough? Because a woman with legal power isn’t enough. 

Banks, health Insurance companies, and other businesses serving seniors do not understand Alzheimer’s disease. Most businesses have standard legalize for POA situations; however, guardianship overrides pre-existing POA.

This does no good when businesses are unaware of the differences between POA and guardianship.

• POA is meant to help someone temporarily incapacitated due to health or advanced age.
• Guardianship is when someone is not of sound mind, cannot make safe or logical decisions, and their situation is not expected to resolve itself for the long term.

Why do businesses expect a senior citizen diagnosed with an irreversible disease of the mind to make financial or health decisions? Why wasn’t the court order enough? Because a woman with legal power isn’t enough. 

Being a working mom of children doing virtual school during the pandemic, also in the middle of a graduate degree, and suddenly caring for a delusional and aggressive senior parent while being forced to educate every single business on what guardianship legally appointed me to do was overwhelming.

Guardianship paperwork is thick. Do you know how many businesses asked if I had a fax machine? What end consumer in the age of AI and self-driving cars has a fax machine at home or can get to one easily during a pandemic? Why pay a dollar per page to fax information in the age of Alexa, Google and smartphones when I should be able to email or upload a file? 

The most dehumanizing part of legal guardianship was being a woman. 

I was constantly put in my societal place. Businesses repeatedly denied my rights. One financial institution denied my right to close an account. They demanded a court order. Their ignorance was that my court-appointed legal guardianship is a court order. The experience of trying to advocate for my incapacitated father and my rights as his guardian involved ghosting, gaslighting and blurred interpretations of legal rights.  

My dad died three months later. 

Now it’s eight months later, and I’m still waiting—only now, I’m stuck in this legal guardianship and can’t get out. It is a ridiculously desensitized process void of human compassion that prevents adult daughters from properly grieving and processing trauma.

I’m an only child of divorce. There was no village of support.

Alzheimer’s disease was not the worst part of my dad’s end of life. It was the stress, isolation and trauma from the elder law experience. 

It would’ve been different if I had been a son.   

Facts. Caregiving falls to women. Alzheimer’s disease is on track to collapse the U.S. healthcare system with people living longer. Working mothers and adult daughters who make up the majority of the sandwich generation need the ability to also care for their own mental and physical well-being to avoid burnout. 

The Road to Elder Law Reform

Elder law reform can be improved with four action items.

First, POA must define incapacitation and quantify “temporary,” federally, for all states, in clear and detailed terms. Dumb it down. It is currently too broad, too big, and open to interpretation.

Second, when adult daughters live in another state away from her senior parent, POA documentation should be state-mobile so she can continue working and caring for her children and senior parent.

Third, the federal government should require specialized training for banks, insurance companies, and other business legal departments so they communicate with POAs accurately and legally.

Fourth, when adult children provide legitimate documentation from licensed medical physicians who have diagnosed a senior citizen with Alzheimer’s (translation: incapacitated), elder law attorneys need to make the legal language clear that POA exists for a time such as this. Otherwise, the United States risks working mothers leaving their jobs when there aren’t enough workers and ruining her own health—which will ironically further strain our healthcare system.  

Full Article & Source:
Elder Care Law Is Not Designed for Working Mothers in the Sandwich Generation

Frequently Asked Legal Questions

• Do I need a Will?  If you do not have a Will, the laws of the State of Colorado determine who is entitled to your assets and they determine who has priority to be your personal representative (executor).
  
  
• How long is my Will good for?  Wills do not expire.  Unless you change or revoke a Will it remains in effect until you die.  Therefore, if your wishes change you must update your Will.
  
  
• Can I write my own Will?  Pursuant to Colorado Law, you may write your own Will.  It will be valid if it is signed by you and if all the material provisions of the document are in your handwriting.  There may be many problems with writing your own Will, because it may not be clear and it may not include all of the provisions that a Will should contain.

• Do I need to go through probate?  In Colorado, if you own any interest in real estate (a home), or if you own other assets which are valued at more than $80,000 your estate must be probated, whether you have a Will or not. 

• What is probate?  Probate is a court process whereby the court appoints a personal representative to administer your estate.  Probate is a process that includes filing an inventory of the estate assets, publishing a notice to creditors in a newspaper, accounting for estate income and expenses and disbursing the estate.

• What documents are included in a good estate plan?  A person should have a Last Will and Testament or a Revocable Living Trust, a health care power of attorney, a general durable power of attorney and a living will.

• I am the agent under a power of attorney, isn’t that all I need to take care of things?  A power of attorney will no longer be valid after the death of the principal.  In addition, it may not be valid once the principal becomes incapacitated unless it has the right language.  You must examine your power of attorney to see what powers it includes and under what conditions the agent may act. 

• What is a trust?  There are many types of trust.  A trust is generally a document which establishes an arrangement whereby property is transferred to a trust with the intention that it be administered by a trustee for someone’s benefit.  A trust may be established for your own benefit.  The biggest advantage for setting up a trust for your own benefit is to avoid probate. 

Tamra K. Waltemath

This article was written by Tamra K Waltemath of Tamra K. Waltemath, P.C.  This information is for general informational purposes only and does not constitute legal advice.  For specific questions, you should consult a qualified attorney. Tamra K. Waltemath is an elder law attorney focusing on wills, trusts, estate and trust administration, probate and non-probate transfers, guardianships and conservatorships. 

 

Full Article & Source:
Frequently Asked Legal Questions

I Suspect My Parent Has Alzheimer’s, But They’re in Denial. How Can I Protect Them and Their Estate?

by  Burns & Levinson LLP - Noelle Lussier

USA July 25 2022

As parents age, their children may notice certain physical and behavioral changes. The most common physical decline is a parent falling more often, typically while walking up and down stairs or in the bathroom. Physical impairments can be rectified with canes and walkers, safety measures around the house and possibly medical alert buttons. However, a parent’s mental decline can be much harder to manage and to prepare for. Common examples of cognitive decline include forgetting basic information such as relatives’ names, leaving the stove on, or when a parent starts wandering off alone and getting lost. So, when cognitive impairment (such as Alzheimer’s) becomes evident, how does one protect both their parent and that parent’s estate?

Protection of the Person

Visit the Doctor

If you suspect your parent may have Alzheimer’s or other cognitive impairment, the first step is to bring them to a doctor. Your parent’s primary care physician will likely be able to advise you on general safety precautions and be able to rule out any major health issues. However, the primary care physician will not be able to adequately evaluate your parent’s cognition and should refer your parent to a specialist. A referral to a neurologist or another doctor specializing in neurology will be able to fully assess your parent’s capacity. One possible outcome is that the doctor could determine that your parent can still make thoughtful decisions related to their day-to-day life, such as their activities and travel, yet be slowing in their ability to direct and manage their own health decisions. This evaluation will give you a glimpse into your parent’s needs and will help you navigate their care.

Health Care Proxy

After the proper medical professional evaluates your parent, it may be determined that a health care proxy needs to be invoked. Hopefully, your parent previously established a comprehensive estate plan and appointed an available individual, such as you or another family member, to act. A health care proxy is an agent named in estate planning documents to make medical and health care decisions for the principal (your parent). A health care proxy typically does not begin to make medical decisions until the principal is deemed incapacitated but may be necessary when a parent can no longer make his or her own health care decisions.

If your parent named you their health care agent, it’s critical to read the fine print. The document may have language included regarding when to invoke the health care proxy – for example, your parent may require a determination of incapacity by two separate doctors. The health care proxy will likely include end-of-life planning and will help guide you when those decisions need to be made. Most importantly, a health care proxy typically appoints a guardian if the principal is deemed incapacitated or in need of a guardian. This paperwork will be vital if you need to pursue guardianship.

Guardianship

If a neurological evaluation determines that your parent has Alzheimer’s or another form of cognitive impairment, your parent does not automatically need a guardian. A guardianship is likely unnecessary if your parent is well enough to manage their day-to-day activity, is not causing harm to themselves, and has a valid health care proxy that may be used for medical decisions. However, in those situations where a parent is causing injuries to themself, is putting others in danger, or if there is no health care proxy, guardianship will help you protect yourself and your parent.

A guardian is a fiduciary responsible for making and overseeing personal decisions on behalf of an individual who is unable to manage their own affairs or make their own decisions due to incapacitation or being underage. A guardian’s powers include making decisions related to such a person’s support, care, education, health and welfare. It may be determined that your parent only needs a limited guardian and not a “full” or “plenary” guardian. A “full” guardianship generally removes all personal decision-making responsibility and authority from the incapacitated person. A limited guardianship allows the Court to address specific areas of incapacity and tailor the guardianship to meet an individual’s unique circumstances. Your parent may need a guardian solely to make his or her medical decisions but is able to live independently and manage their personal schedule. A guardianship is a court proceeding and will require you to file certain documents and adhere to certain fiduciary obligations. Read: I’ve Been Asked To Be a Guardian. What Do I Do?

Proper Care

The scope of powers granted in the health care proxy (if one exists), will determine how you can provide care for your parent. A health care proxy may allow for admission into a nursing home and may allow you to oversee medical care both in and outside of your parent’s home. The powers granted under guardianship are strictly statutory but generally allow for all decisions regarding support, care and welfare. Under guardianship, you cannot admit your parent to a nursing home or administer anti-psychotic medications without additional court oversight. You may use your power as a health care proxy or authority as guardian to make decisions related to your parent’s day-to-day care and protection, such as hiring home aides, establishing regular doctor’s appointments and managing medications.

Protection of the Estate

Joint Account Holder

If your parent has Alzheimer’s, you should also consider taking steps toward protecting their estate. As a result of their diagnosis, they may require assistance with bill paying or other financial management needs. One solution is for your parent to add you as a joint account holder to one of their bank accounts. Note: a common cause for litigation is when one sibling learns the other sibling was added to a parent’s bank account. Upon a parent’s death, the default rule is for that joint bank account to automatically pass to the joint owner. This could result in a possible disproportionate inheritance for one sibling and may go against your parent’s wishes. When a parent adds one child to a bank account, ensure the parent’s intentions are clear and in writing. If the parent wishes for that child to receive the value of the account at the parent’s death, the gift should be made in writing. If the parent wishes for that child to only be added to the account “for convenience purposes only,” such as for bill paying, make that purpose known in writing. A “convenience account” will not pass automatically to the joint owner.

Durable Power of Attorney

If proper estate planning was done, your parent presumably also executed a durable power of attorney document. A power of attorney is a written document that appoints an “attorney-in-fact” for a definite purpose, typically related to financial affairs. The individual for whom the attorney-in-fact is acting is the “principal” or, in this case, your parent. Similar to the health care proxy, if you are appointed as power of attorney, it is important to read the document and understand your powers. Examples of powers you may have: power to fund or amend a revocable trust; power to buy and sell real estate; power to invest or reinvest the principal’s money; power to contract; power to operate businesses owned by the principal; powers regarding retirement plans or other employee benefits; powers regarding bank accounts; and many more. You may use your authority as power of attorney to manage your parent’s finances, pay outstanding expenses, and preserve and protect assets. Read: Power of Attorney for my Incapacitated Parent – What Are Our Options?

Conservatorship

In the event your parent does not have an estate plan and needs assistance with their finances, a conservatorship may be necessary. Similar to filing for guardianship, you, as the petitioner, may also commence conservatorship proceedings to take control of your parent’s finances if they can no longer do so. A conservator deals with protecting the property and business affairs of a person needing protection, while the guardian manages the respondent’s physical well-being. A conservator is appointed to manage the property of a minor or an adult who, because of disability, cannot manage their own property, or has property that will be wasted or dissipated unless management is provided.

Conservatorship is likely unnecessary if your parent has a valid durable power of attorney in place. To grant a conservatorship, the court would need to find that, due to your parent’s “disability,” they can no longer manage finances and assets are at risk of being wasted or dissipated. If your parent previously arranged for the protection of their assets, such as creating trusts, appointing agents, and putting in writing their wishes, a conservatorship is likely not needed.

Conclusion

In the end, prior planning is the best way to protect your parent and their assets in the event of a devastating diagnosis. With proper instruments in place and adequate instructions provided to agents, your parent should be able to rest assured that they will be cared for both financially and personally.

 

Full Article & Source:

I Suspect My Parent Has Alzheimer’s, But They’re in Denial. How Can I Protect Them and Their Estate?

A Family History of the Smiths & Alexanders

By: Tiffany Bentley & Ann Hetherwick Cahill

Welcome to the story of the Smiths and the Alexanders — made-up people with a wild accumulation of fictional (but factual) circumstances that raise all kinds of probate and fiduciary litigation issues. What potential problems do you spot here? What are the arguments to be made on all of these contentious issues? Stay tuned to Beyond the Will throughout November and December as we dig deep into this family’s saga.

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Johnny Smith and Jocelyn Smith were married in 1983 in Massachusetts. They had two children, Randall Smith (born January 1, 1985) and Twyla Smith (born March 3, 1987). Unfortunately, Jocelyn died in a tragic car accident in 1995 with no estate plan in place.

At the time of her death, Jocelyn had a gross estate of approximately $5,000,000 consisting primarily of individually held investments that she had inherited from her parents. She also had a few minor accounts held jointly with Johnny but no retirement accounts or life insurance policies.

Johnny began dating Moira Alexander in 2000. Moira had two children of her own, Alexis Alexander (born February 5, 1985) and David Alexander (born October 8, 1989).

In 2005, Moira, Alexis, and David moved into the Smith home with Johnny, Randall, and Twyla. They appeared to have minimal issues as far as blended families go. Their children got along and each accepted the other adult as a parental figure. As the children graduated and moved out of the family home, they remained in frequent contact with both Moira and Johnny and returned home for holiday and birthday celebrations.

Moira and Johnny met with an estate planning attorney, Attorney Mullens, in March of 2013 in order to have estate planning documents prepared including wills, revocable trusts, health care proxies, durable powers of attorney, and HIPPA waivers. Moira and Johnny were planning on eloping the following month and thus told Attorney Mullens that they were already married.

Attorney Mullens prepared estate planning documents for each of Johnny and Moira. Each will stated that the testator was married and left tangible items to the surviving spouse and otherwise to the surviving children in equal shares. Children under both wills were defined to include Randall, Twyla, Alexis, and David. The residue under Johnny’s will poured over to The Johnny Smith Trust. The residue under Moira’s will poured over to The Moira Alexander Trust. Moira was named as Personal Representative under Johnny’s will followed by Randall as a successor. Johnny was named as Personal Representative under Moira’s will with Alexis named as successor. Through Johnny’s will, he exercised a limited power of appointment that had been granted to him in a Family Trust established by his parents, directing that income from that trust be paid to his spouse, Moira, for her lifetime. That trust, by its terms, would terminate upon the last to die of Johnny and his four siblings, at which time the remaining principal would distribute outright to the issue of Johnny and his siblings by right of representation.

Johnny was the Donor and Trustee of The Johnny Smith Trust. Johnny was the beneficiary of The Johnny Smith Trust during his lifetime. After his passing, the Trust was structured to minimize potential Massachusetts and Federal estate tax while providing for Moira’s sole benefit during her lifetime. After Moira’s death, any remaining assets would divide into equal shares and would be distributed outright to each of Randall, Twyla, Alexis, and David. Moira and Attorney Mullens would serve as successor Trustees after Johnny’s death. After Moira’s death Attorney Mullens (or another attorney from his firm) would serve as sole Trustee.

The provisions of The Moira Alexander Trust mirrored those of Johnny’s Trust. Moira was the Donor and Trustee of her Trust and the beneficiary during her lifetime. After her passing, the Trust would minimize potential estate taxes while providing for Johnny during his lifetime (if Johnny survived) and otherwise the assets would be divided into equal shares and distributed outright to all four of the children. If Johnny survived, he would serve as a Trustee along with Attorney Mullens (or another attorney from the law firm).

Finally, Moira was named as agent under Johnny’s health care proxy and durable power of attorney, followed by Randall. Johnny was named as agent under Moira’s health care proxy and durable power of attorney, followed by Alexis.

Moira and Johnny signed their wills and trusts in early April of 2013. Although Attorney Mullens encouraged them to sign all of their documents, Johnny and Moira neglected to sign their health care proxies and durable powers of attorney. They wanted to give more consideration as to whether they wanted a child to serve as a co-attorney-in-fact with the other spouse under the durable powers of attorney, and whether they wanted language concerning the life-sustaining treatment in their health care proxies.

Moira and Johnny postponed their plans to elope after Moira, a doctor, had worked long hours caring for victims of the Boston Marathon bombing.

Unfortunately, Johnny began exhibiting signs of early-onset Alzheimer’s in late 2017. His health deteriorated rapidly and by mid-2018 Johnny was unable to function independently. Moira cared for Johnny to the extent possible at their home and hired an in-home nurse to assist as necessary.

That holiday season, Randall gave Twyla one of the newly-released ancestry testing kits hoping that it might shed some light on their father’s disease and their potential risks down the road. Twyla took and submitted the ancestry test, set up an online profile and ultimately forgot about it with everything else that was going on in her life.

In February of 2019, Twyla decided to surprise Moira and Johnny and made an unplanned visit to her childhood home while in town for a bridal shower. Twyla became concerned when she saw a brand new Mercedes SUV sitting in the driveway. Twyla inquired and Moira explained that it was a “gift” and not to ask so many questions. Twyla mentioned this to Randall who at the time was roommates with David. He noted that David, an avid baker, had recently come home with a brand new collection of Le Creuset cookware. Randall hadn’t given this much thought but after his conversation with Twyla wondered how David, a struggling artist, could afford to spend that much money on items that simply supported a hobby.

Randall and Twyla became more concerned with how they believed Moira was spending Johnny’s money. After Moira avoided their questions multiple times, Randall and Twyla sought the advice of their own attorney, Attorney Budd. Attorney Budd advised that they could petition the court to have an independent conservator appointed to handle Johnny’s finances. After filing a petition, and over Moira’s objection, the court-appointed an independent conservator and independent guardian for Johnny.

The relationship Randall and Twyla had with Moira and her children continued to deteriorate as their father’s health grew worse. After one particularly difficult evening in February of 2020, Johnny had to be rushed to the emergency room after he was completely unresponsive and had labored breathing. The doctors advised that he likely had only a few hours to live unless he was placed on life support. Moira believed that Johnny did not want life-sustaining treatment and advised the doctors to give him medicine to simply make him comfortable. When Randall arrived he demanded that the doctors put his father on life-support. Unfortunately, before any decision could be made, Johnny passed away.

Johnny died with a gross estate of $7,000,000 consisting of his Massachusetts residence and a variety of investment and bank accounts titled in his name, individually, a bank account with approximately $75,000 held jointly with Moira, a life insurance policy payable to his Trust with a death benefit of $500,000 and a 401k account in which Moira was named the primary beneficiary followed by the four children equally as contingent beneficiaries.

Moira turned to Attorney Mullens to probate Johnny’s estate and prepare any necessary tax filings. Attorney Mullens was shocked to discover that despite what he had been told and what was provided in their wills, Moira and Johnny had never actually married. Attorney Mullens filed a Petition in Probate Court to have Moira appointed Personal Representative of Johnny’s Estate. Both Randall and Twyla filed objections. In addition, Randall and Twyla engaged Attorney Budd to present an argument that all provisions for Moira under the will and trust should be disregarded given the fact that she was not actually their father’s spouse, that their father’s tangible items should be distributed in equal shares to them, and that the remainder of their father’s estate should pass outright to the two of them (to the exclusion of Alexis and David).

This argument enraged Moira and she engaged a new estate planning attorney, Attorney Brewer, to prepare a new estate plan with the intent to disinherit Randall and Twyla. Moira’s new will provided for tangible items to be divided equally between her children, Alexis and David. Moira amended and restated The Moira Alexander Trust and provided that after her death, all assets would be divided into equal shares and distributed outright to Alexis and David.

Meanwhile, Attorney Mullens was working to prepare the Massachusetts Estate Tax Return for Johnny’s Estate. He wished to utilize the tax planning methods that had been provided for through Johnny’s will and trust and take advantage of the spousal deduction that could be taken on any assets that passed to Moira as the surviving spouse either outright or as held under Johnny’s trust for her benefit during her lifetime.

Around the same time, Stevie Jenkins, a young woman living in Colorado, contacted Twyla after her own ancestry test results indicated that she and Twyla could be half-sisters, sharing Johnny’s genetic profile. Twyla, although shocked at the discovery, was interested in getting to know Stevie but was concerned about whether Stevie might have any rights to Johnny’s assets under his own estate plan or under the Family Trust that Johnny’s parents had established.

Full Article & Source:

A Family History of the Smiths & Alexanders 

Financial Exploitation and the Authority of a Conservator

Ann Hetherwick Cahill

To best enjoy this post, please be sure to first read A Family History of the Smiths & Alexanders.

In this last discussion of the Smith and Alexander families, we examine financial exploitation, its impact on suitability in appointing a conservator, and steps that a conservator can take if there is evidence of prior financial exploitation. As background, Johnny developed Alzheimer’s, and Moira cared for Johnny at their home, with the help of an in-home nurse. When Randall and Twyla were concerned with how Moira was spending their father’s money, they appropriately filed for a conservatorship. Randall and Twyla asked for an independent conservator to be appointed over Johnny, to which the court agreed, despite Moira’s objection.

Moira likely objected because she wanted to be appointed as conservator over Johnny. Remember that Johnny and Moira never signed the health care proxies and durable power of attorneys prepared by Attorney Mullens (they did sign their Wills and Trust). Johnny’s health care proxy and durable power of attorney named Moira as the agent, followed by Randall. Had Johnny signed his durable power of attorney, Moira would have had top priority for consideration for the appointment as conservator under the governing statute. Otherwise, she lacks any priority for the appointment. Moira might still argue that the unsigned durable power of attorney evidences Johnny’s intent for her to serve as conservator. That would be a tough argument, though, given that Johnny never actually signed the durable power of attorney, and he was still thinking about whether he wanted to name one of his children to serve as co-attorney-in-fact with Moira.

Importantly, the court would likely not appoint Moira as conservator for Johnny because she is unsuitable to serve in such a fiduciary position. Based on the facts, it seems like the conservator need arose out of Moira’s lavish spending of Johnny’s money. The governing statute ensures that lack of qualification or lack of good cause overrides any person’s priority for the appointment. Here, with Moira’s history of using Johnny’s assets, there is a solid argument that she should not be appointed.

With a neutral conservator in place, the conservator is protecting Johnny from future exploitation and standing in Johnny’s shoes to pursue any necessary investigation and/or claim against Moira or any other wrongdoer. A conservator is explicitly empowered to “commence, prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets,” pursuant to M.G.L. c. 190B, § 5-423(c)(26). Once appointed, the conservator likely learned from Randall and Twyla of their concerns about Moira’s spending. Then the conservator has the power to review bank account statements, hire counsel, and file any claim to recover any assets if necessary. As shown by Moira, often, the fight over a person or estate stems from wanting to remain in control and to limit someone’s own potential liability for bad acts.

If you have concerns about the financial exploitation of a loved one, you should consult with a skilled attorney who specializes in this area of the law.

Until next time!
Hether

Full Article & Source:

Financial Exploitation and the Authority of a Conservator

Durable Power of Attorney: Is yours "Hot" Enough?

Many states, including North Carolina, allow people to execute certain legal documents called Powers Attorney. In a Power of Attorney, a person, called the Principal, can appoint other trusted individuals, called Agents, to make financial transactions and decisions for the Principal. The purpose of a Power Attorney is so that an Agent is appointed and legally permitted to access and manage the Principal’s property on the Principal’s behalf. Powers of Attorney are heavily relied upon when a Principal becomes unable to manage their affairs or finances due to age or declining health. When a Principal is no longer able to manage their assets, then an Agent’s ability to handle the Principal’s assets is limited only to the specific legal permissions granted within the Power of Attorney.

Not all Powers of Attorney are created equal, however.  Powers of Attorney can vary in terms of scope and complexity.  The specific language used in a Power of Attorney can impact whether an Agent can use or access the Principal’s assets to maximize asset protection. The permissions granted within a Power of Attorney can often ensure that the Principal’s estate plans are followed even if the Principal needs long-term care.

Some Powers of Attorney are very simple and may only permit an Agent to access and manage money, accounts, or property. Under these basic Powers of Attorney, an Agent may pay bills, make investments, and even sell property if necessary.  With a simplified Power of Attorney, an Agent may only be obligated to use the Principal’s money for the Principal’s needs.  The North Carolina Statutory Short Form Power of Attorney, which many people still use today, is an example of a simplified Power of Attorney that grants the most basic permissions to an Agent to handle the Principal’s property or finances.  A short form Power of Attorney may avoid the need for a court-appointed guardianship while offering an Agent the ability to access and use the Principal’s assets for the Principal’s needs. In most cases, however, a short form Power of Attorney is deficient in authorizing an Agent to engage in any asset protection or to make critical financial, legal, or long-term care planning decisions for the Principal. In fact, under such circumstances, a short form Power of Attorney can detrimentally impact not only the Principal, but also a Principal’s spouse—particularly if they share ownership of certain assets.

Some Powers of Attorney can also grant extraordinary powers to an Agent that provide for significant asset protection or allow for more complex planning. These powers are commonly known as “hot powers” and need to be specifically stated in a Power of Attorney as giving the Agent permission to conduct such transactions. These hot powers are well-named, since they give an Agent considerable power to create or modify the Principal’s financial and estate objectives. Among some of the hot powers that could be considered in a Power of Attorney are the following:

• The power to create, amend, revoke or terminate a trust during the Principal’s lifetime. Trusts can be effective tools to avoid the public process of probate. The hassles and the expenses of probate can be avoided with a trust. Trusts may also be effective tools for providing for loved ones in blended families, with real estate owned in other states, or in providing for minors or disabled beneficiaries.  With the proper limitations, an Agent under a Power of Attorney may fulfill the Principal’s estate planning objectives and asset protection goals by creating and funding certain kinds of trusts for the Principal. 
• The power to create or change rights of survivorship. This powerful tool could allow the Agent to maximize the Principal’s estate planning goals for assets ranging from real estate to bank or investment accounts.  Significantly, this hot power can protect assets for long-term care planning.
• The power to create or change a beneficiary designation. With the right limitations, this hot power could allow an Agent to update beneficiary designations on certain assets, again for the purposes of fulfilling estate planning goals and asset protection objectives. 

The most popular hot power is the power to make a gift of money or property. This power is often used to continue a plan of gifting or to protect money or property from having to be spent entirely on long-term care. A gifting hot power could be beneficial to provide for a spouse who remains at home when the other spouse enters a care facility.  The power to gift can be limited to a dollar amount or unlimited in scope. The power to gift can also be restricted to certain recipients like a spouse or family members.

Executing a Power of Attorney with these hot powers requires careful decision making and discussion with an attorney to decide if hot powers are appropriate for each person’s unique circumstances.  Many hot powers are practical to have if a person is concerned about asset-protection for long-term care planning. However, great consideration needs to be given as to who will be given the powers and under what terms.  An Agent needs to understand the responsibilities owed to the Principal by using the hot powers.

Critically, a Power of Attorney—with or without hot powers—is not a document that a Principal should attempt to download from the internet to execute on one’s own.  Aside from concerns that the document may not be validly executed or recorded properly, Powers of Attorney found online are largely deficient in offering the specific hot powers necessary for asset protection planning. Online forms are often not state-specific. An attorney can and should advise a client as to whether hot powers are appropriate for the client’s needs.  Additionally, the attorney should advise the client whether the Agent or the hot powers should have any necessary limitations that are appropriate for the client’s needs.

Further, a Principal can only execute a Power of Attorney—with or without hot powers—when the Principal has the cognitive capacity to understand what the document can do.  Many families who are seeking to protect assets for loved ones may find out too late that an existing Power of Attorney lacks the specific hot powers needed to conduct any meaningful planning. At this same time, a Principal’s cognitive decline would prevent the Principal from executing a new Power of Attorney with hot powers. For this reason, it is beneficial to meet at least annually with an elder law or estate planning attorney to review existing documents, discuss any changes in the law, and discuss plans for an Agent’s responsibilities.

Adding an inexpensive durable Power of Attorney that contains hot powers to an estate documents, while a person is still healthy to sign such documents, can offer critical opportunities for long-term care and financial planning.


Full Article & Source:
Durable Power of Attorney: Is yours "Hot" Enough?

Power-of-attorney has the power to be abused in Florida.

There are no safeguards when the vulnerable sign over control of their affairs. Investigators say that’s how a Riverview woman took $500,000 from a 93-year-old Pinellas Park man she had never met before. 

By Kathryn Varn

Maurice Myers spent the last year of his life suffering from several ailments, with no close family to help the 93-year-old manage his affairs.

There’s an option for vulnerable adults like him. A court-appointed guardianship is designed to protect those who can no longer make their own legal and medical decisions. Every choice those caretakers make and dollar they spend must be approved by a judge.

Power-of-attorney has no such safeguards.

That is the legal mechanism that detectives say Traci Hudson used to swindle more than $500,000 from Myers — with no one keeping watch as it happened.

It is a powerful piece of paper, experts say, and if that power is abused, the onus is on the vulnerable person and those around them to report it.

Former guardian Traci Hudson, 51,
faces a charge of exploitation of
the elderly, according to the
Pinellas County Sheriff's Office.
[Pinellas County Sheriff's Office]

Hudson, 51, is a professional guardian from Riverview who was arrested last month on a charge of exploitation of the elderly. She has since resigned and been removed from the roughly 30 guardianship cases she oversaw in the Tampa Bay area.

Myers wasn’t one of them. Instead, his Pinellas Park nursing home called in Hudson — a stranger — to take over his affairs in 2017. He signed a document granting Hudson power-of-attorney over his financial decisions and a surrogacy agreement giving her autonomy over his healthcare decisions, even though Myers may not have had the capacity to sign anything.

Hudson has pleaded not guilty to the charge. Her defense attorney, Richard McKyton, said he’s “seen no proof that verifies” the allegations.

Investigators say Hudson drained Myers’ bank accounts over 11 months and used the money to buy herself everything from jewelry to property to Bucs’ tickets. He died in 2018.

Power-of-attorney is typically used by family or friends to take over a loved one’s life decisions without an expensive or lengthy court process, said Grayson McCouch, an estate law professor at the University of Florida Levin College of Law.

“It all depends on how trustworthy and reliable and competent that agent is,” McCouch said. Those who sign away a broad power-of-attorney "really are leaving themselves open to being ripped off on a big scale.”

• • •

Myers once worked for a telegraph company, his death certificate shows, and served in the military. He and his wife, Mary, lived in a home near Sarasota, then she died in 2007. His health started to decline in 2017, according to Hudson’s arrest warrant, which cites medical records and interviews with doctors and nurses.

In the 18 months before his death, Maurice Myers bounced from hospitals to rehabilitation facilities to nursing homes.

He had a series of renal problems and trouble performing daily activities. At Sarasota Memorial Hospital, doctors described him as “a very frail elderly gentleman, somewhat confused, but pleasant and cooperative.”

His daughter, Virginia Myers, lived in Pinellas Park. At her request, he moved to Grand Villa of Pinellas Park, a nursing home about 10 minutes from her home, on May 1, 2017.

While the daughter never held power-of-attorney for her father, she handled his financial affairs and was a co-signer on his bank accounts, according to a Pinellas County Sheriff’s Office investigation.

But Virginia Myers, 61, died that October. Her will mentioned a friend from Pinellas Park and two second cousins from California but no other relatives.

A former Grand Villa executive director told investigators that staffers knew Maurice Myers would need a new caretaker and reached out to a professional guardian who worked with other residents at the home: Traci Hudson.

On paper, all seemed well. Hudson had administered dozens of guardianships in Pinellas, Pasco and Hillsborough counties. She also served as president of a local guardian association.

Hudson has since resigned from her job as a guardian and been removed from her cases.

• • •

Usually a family member or close, trusted friend would take on the power-of-attorney role, said Michelle Hollister, an elder law attorney in Boca Raton. But there are situations, especially in Florida with its high population of retirees, where that person just doesn’t exist.

Brian Lee, a former Florida long-term care ombudsman who advocated for elderly residents, credited Grand Villa staff for recognizing that Myers needed a new caretaker. But he said referring a vulnerable resident to a specific person is not best practice.

“It sounds to me like they were trying to do this out of convenience for themselves,” Lee said.

“But if you’re a nursing home operator, that’s not how it works.”

For example, Sarasota elder law attorney Slade Dukes said he provides his clients a list of care providers and has them do the research, recommending they consult their financial planners, banks and other professionals.

“These people all had an interest in him,” Dukes said of Myers’ case. “No one was unbiased or unaffiliated or un-benefitted. And that’s the problem.”

Grand Villa management didn’t return requests for comment from the Tampa Bay Times. Nor did Grand Villa’s director at the time, who now works at the chain’s Dunedin location.

The president of the nursing home’s corporate owner, Senior Management Advisors, also did not return requests for comment. A woman who answered the phone at the corporate owner said management had previously said they weren’t going to comment on Hudson’s case.

A spokesman for the Agency for Health Care Administration, which oversees Florida’s nursing homes, said it is looking into the matter but declined to elaborate.

When asked what rules the agency has for finding caretakers for unaccompanied residents, spokesman Patrick Manderfield pointed to a state law with guidelines for a nursing home employee to work as a power-of-attorney agent on behalf of a resident.

The law doesn’t say anything about referrals, like what happened in Myers’ case. McKyton, Hudson’s attorney, said it’s his understanding that “facilities do that all the time.”

He added that his client had no role in drafting the power-of-attorney agreement, noting that would have been a conflict of interest. She wasn’t present when Myers signed it, either, McKyton said.

A copy of the document shows the four people who signed it: a notary, two witnesses who appear to be current or former nursing home employees, and Myers himself.

• • •

Another question that must be considered is whether a person has the mental capacity to sign away their legal rights.

To appoint a guardian voluntarily, a judge must first rule on a person’s capacity to make decisions for themselves. The process will only take place if the person is deemed incapacitated.

But there’s a limbo between when a professional or care provider questions a person’s capacity and when a petition for guardianship is actually filed, said Lori Stiegel, a senior attorney with the American Bar Association’s Commission on Law and Aging.

That period “is really dangerous because that’s when exploiters can really step in and take advantage,” Stiegel said.

Hudson’s attorney said nursing home staff determined Myers was competent but needed a caretaker. Neither the nursing home nor the law firm that drew up the document suggested that Myers should have a guardian instead.

“It’s telling,” McKyton said, “that none of the people around him felt that a guardianship was needed.”

Detectives talked to people who knew Myers, said Pinellas sheriff’s spokesman Chuck Skipper, but they haven’t been able to determine his mental capacity when he signed the document. Their investigation began after his death, based on a complaint to the Florida Department of Children and Families.

Caretakers and lawyers around an elderly person can help assess capacity and seek outside help if they have concerns. Dukes said he meets with his clients at least four times and prods them with questions before they sign a power-of-attorney document.

No one contacted an outside agency to intervene in Myers’ case, according to the Sheriff’s Office, even as medical professionals noted his deteriorating mental health. They said he showed possible signs of dementia and depression, a detective wrote in Hudson’s arrest report.

The Times found no record that Myers was represented by his own attorney through the process.

Florida Bar rules say a lawyer “may seek the appointment of a guardian or take other protective action with respect to a client only when the lawyer reasonably believes that the client cannot adequately act in the client’s own interest.”

Terry Deeb, whose firm drew up the power-of-attorney document, declined to say if he represented Myers, citing attorney-client confidentiality.

When a Times reporter pointed out that would imply Myers was his client, Deeb said that was wading “into matters here that are very complex” and declined to comment further.

The firm didn’t represent Hudson in Myers’ power-of-attorney, but court records show they’ve worked together on several guardianship cases as well as estate cases for both Maurice Myers and his daughter Virginia in which Hudson successfully petitioned to serve as personal representative. Both Hudson and Deeb withdrew from Maurice Myers’ estate case after Hudson’s arrest. Virginia Myers’ case concluded in April.

Another lawyer at the firm, Ha Thu Dao, said she met with Myers and determined that he shouldn’t sign the power-of-attorney because he was grieving the loss of his daughter. Dao said she left the paperwork with Myers at his request. But after that?

“I have no knowledge of the circumstances surrounding his signing the document or when he signed it,” Dao said in an email. She didn’t respond to further questions.

• • •

All that is needed to grant someone power-of-attorney are the signatures of a notary, two witnesses and the person granting those powers. And in Florida, it becomes effective immediately upon signing.

Lee, the former ombudsman, doubted Myers knew what he was doing, wondering who in their right mind would sign over their life to a stranger.

“It just looks like it’s a little too close for comfort. That’s the best-case scenario,” Lee said. “The worst-case scenario is it’s ripe for impropriety — people collaborating … to exploit this resident.”

McKyton said Lee hasn’t seen the case file and doesn’t have his facts straight.

The sheriff’s investigation into the case and Hudson continues.

McCouch, the UF professor, offered this word of caution for vulnerable people and those around them:

“I’d be really skeptical of someone who had no family relationship, no oversight, no continuing contact with family members. I’d be really suspicious of someone who says, ‘I’ll manage your property for you. Trust me.’”

Tips to protect yourself and others

Here’s some advice from AARP Florida spokesman Dave Bruns and the Department of Elder Affairs website:

1. Stop the conversation with anyone who wants you to sign over power-of-attorney, then go tell your story to a trusted friend or family member. “It helps you regain your emotional balance and helps you understand wait a minute, I’ve sort of been led down a road here," Bruns said.

2. Seek legal advice, especially when deciding whether to grant someone your power of attorney. Bruns acknowledged it’s cost-prohibitive for some seniors, but sometimes power-of-attorney consultations can cost only a few hundred dollars, he said.

3. Do your own research. Bruns suggested the AARP's Fraud Watch Network. The Florida Department of Elder Affairs also has resources, including a list of local agencies on aging and an elder helpline at 1-800-963-5337. A list of local elder helplines can be found here.

4. Report suspected elder abuse to the Florida Abuse Hotline at 1-800-955-8771 or online through the Florida Department of Children of Families, myflfamilies.com.

Full Article & Source:
Power-of-attorney has the power to be abused in Florida.