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WARNING FOR ELDERS. HERE’S A SCAM YOU NEED TO KNOW ABOUT

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Boomers Against Elder Abuse

I’m lucky. I have a tight-knit family. I realize for many it’s not like that. Kids move far away and trust that their parents will always be the same. But as people hit their 80’s or sometimes earlier, changes happen fast. Adult kids haven’t thought about it. It’s easy to see how that could happen because most people don’t understand much about the aging process. I mean, as a society we don’t want to face it, and everything in advertising and media is about staying young. It’s truly important to bring reality to the forefront without shaming or demeaning our children’s failings unless real abuse has occurred. Sometimes negligence can be stopped by education.

If your kid’s don’t pay attention, what’s to prevent Adult Protective Services and others from removing an elder from their home by court order? Let’s say an elder has fallen and lands in the emergency room. Everybody knows that elders become less able to care for themselves very well at some point. Officials can see this as the equivalent of leaving a child alone at home if they want to. (The court can and does set aside a power of attorney you have in place.) Where’s the line? Think of it this way: What would happen if somebody found a kid at home alone and they had an accident? That kid would be taken away and put into a foster home. We need to understand that elders over 65 need more and more attention as they age, and anyone not living with an elder needs to know the risks. 65 is basically the age you become an elder who is looked at differently–as more vulnerable.

Tell your kids about this. Chances are, an outcome like this wouldn’t happen, but it could. Adult Protective Services, a doctor, nurse, social worker –or a professional who trolls emergency rooms (believe it or not there are social workers or others who do this with connections on the “inside”, much like ambulance chasers) can legally initiate a petition to have you put under the control of a professional court-appointed guardian. If the court agrees that this is an emergency, that person then controls all decisions and your assets. This emergency petition basically bypasses due process.

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“YOU HAVE NO MORE AUTHORITY THAN A HORSE’S ASS”….said the guardian with a chuckle.

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Finally! News you can use for seniors!

From the Silver Standard’s Elder Abuse Reform Project

By Marcia Southwick

In most states, if you are deemed incapacitated by a court, it will hand your rights over to a professional or family guardian who then will make all decisions for you.  Given that state courts are backlogged, and judges are faced with stacks of papers, it’s no wonder that a tendency to treat every case with uniformity has developed.   Unfortunately, one size does not fit all, and many elders and persons with disabilities are not being treated as individuals with dignity but rather as second-class citizens without equal protection under the law—as a non-person.  The descriptions of how removal of rights has caused suffering are heartbreaking.

Now that someone (often a complete stranger) has been appointed Dictator over your life and assets, and now that this Dictator has almost no supervision and little accountability for how your assets are spent, how are you feeling about it?  Not too great.   How is the guardian feeling?  Power drunk.

Even though guardians can control every aspect of people’s lives, they aren’t monitored by outsiders.  They pay themselves out of your estate in addition to having the right to claim that anything they do is in your “best interest.”  If that means selling your house and throwing you into a lock-down unit, so be it. If your spouse of 50 years fights for your freedom, they will simply, on your behalf and “in your best interests”, get you a divorce from that pesky spouse.  If your family doesn’t like it and wages a court battle, the guardian can use YOUR money to hire a lawyer to battle back, quickly exhausting your estate. And, what are your families chances of winning if you are in one of the many jurisdictions where the judge, the guardian, who was very possibly appointed by the judge, and the guardian’s lawyer are old pals?

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TS Radio Network: THE ULTIMATE SCAM: SYSTEMS EXPLOITING THE VULNERABLE FOR PROFIT

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ARE FAMILIES RESPONSIBLE FOR 90% OF ALL ELDER ABUSE?

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Marcia Southwick ©  9/19/18
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“The false impression out there blaming families and relatives for 90% of elder abuse means that guardians can protect their own paychecks by maligning families in court, which they often do.   It also means that the public is distracted away from looking at the larger entities abusing the elderly right under our noses.”
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Most people believe that elder abuse is all about Granny surrounded by family predators who just want to grab her money and throw her to the wolves. You’ll hear plenty of rumblings claiming that families and people closest to elders are responsible for 90 % of all elder abuse.
The National Care Planning Council is one of many who quote this figure.  The article is titled “ Perpetrators of Elder Abuse are Usually Family Members:” .  Even AARP claims that “ You’d like to think that elder financial abuse is committed mostly by strangers. You’d be wrong. In reality, it’s more likely to come at the hands of family members and caregivers”

Why does everyone blame families?

The latest 2011 study done by MetLife shows that in terms of dollars stolen from elders, families are not the most likely to steal the most dollars:  After examining three months of national news feeds, plus other data, researchers determined that businesses stole $205,243,400; Family members and friends stole $11,515,737, Strangers stole $7,612,513, and Medicaid/Medicare fraud caused the most damage–$306,105,093.)
NAPSA (National Adult Protective Services Association) is another organization that blames families for most of the elder abuse that takes place today.  Their figure again is 90%. .   Adult Protective Services investigates domestic settings.  Since most of us don’t have lawyers or financial advisors living with us at home, my guess is that these culprits have been left out of the equation.

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Join us Monday evening August 13, 2018 at 7:00 pm CST!

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