Estate Planning, Family Law, Trust Administration, and Probate in Santa Barbara County

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Posts tagged Elder Abuse
Use Estate Planning To Avoid Conservatorships and Protect Against Elder Abuse – Part 1 of 2

Elder abuse can take a wide variety of forms, but we think the worst of the worst is caused by unscrupulous conservators or adult guardians appointed by a court to care for seniors who are no longer able to care for themselves. And though you may not want to believe such a thing could happen, you need to know that without the right planning in place, even your loved ones in your own family who are seniors could be at risk.

In fact, there are currently 1.5 million American adults under conservatorship (or adult guardianship, depending on the state), with an estimated 85% of them over age 65. All total, these conservators control nearly $273 billion in assets. And a 2010 report by the Government Accountability Office (GAO) found hundreds of cases where conservators were involved in the abuse, exploitation, and neglect of seniors placed under their supervision.

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Protect Your Aging Loved Ones From Undue Influence

Following the death of a loved one, close family members are sometimes surprised to learn that they didn’t receive the inheritance they were expecting, and that the deceased instead left most of their estate to an individual they only recently met, who wasn’t even a relative. While it’s not always the case, in some situations this can mean your loved one was taken advantage of by a bad actor, who manipulated him or her into cutting out close family members from their plan and leaving assets to the bad actor instead. 

This is called "undue influence," and it’s not only unethical, it’s illegal and considered a form of elder abuse. Given the growing number of seniors, the prevalence of diminished capacity associated with aging, and the concentration of wealth among elderly Baby Boomers, we’re likely to see a serious surge in the number of cases involving undue influence in the coming years.

Undue influence can have a disastrous effect on your aging parents and other senior relatives’ estate planning. To this end, we encourage you and your family to be aware, educated, and empowered in knowing what risks are for your elderly loved ones — and for your future inheritance.

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Legal Gangsters: Netflix's I Care A Lot Uncovers the Dark Side of Conservatorship & Guardianship - Part 2

Yesterday, in part one, we offered a brief synopsis of the movie, which revolves around Marla Grayson, a crooked professional fiduciary who makes her living by preying on vulnerable seniors, and we then outlined the true events that inspired the fictional account. The film’s writer and director, J. Blakeson, came up with the idea after reading news stories of a similar scam involving a corrupt professional guardianship agency in Las Vegas.

In that case, a real-life Marla Grayson named April Parks, who owned a company called A Private Professional Guardian, was sentenced up to 40 years in prison in 2018 after being indicted on more than 200 felonies for using her guardianship status to swindle more than 150 seniors out of their life savings. While I Care a Lot is fictional, the Parks case also inspired the 2018 documentary, The Guardians, directed by award-winning filmmaker Billie Mintz, and his film details the true events that ravaged the Nevada guardianship industry.

In a Facebook post, Mintz praises I Care a Lot as “a perfect introduction to guardianship,” but worries that because of the movie’s heavy focus on violence and Russian mobsters, “people won’t believe it’s real.” However, as Mintz points out, “I assure you that everything you see about guardianship is true.”

Indeed, while the Parks case is the most famous, similar cases of senior abuse by conservators and guardians are on the rise across the country. A2010 report by the Government Accountability Office found hundreds of cases where conservators were involved in the abuse, exploitation, and neglect of seniors placed under their supervision. And given the country’s exploding elderly population and our overloaded court system, such abuse will almost certainly become more common.

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Legal Gangsters: Netflix's I Care A Lot Uncovers the Dark Side of Conservatorship & Guardianship - Part 1

The Netflix movie I Care a Lot provides a dark, violent, and somewhat comedic take on the real life and not-at-all funny dangers of the legal (and sometimes corrupt) guardianship system. While the film’s twisting plot may seem far-fetched, it sheds light on a tragic phenomenon — the abuse of seniors at the hands of crooked “professional” conservators or guardians.

In this two-part series, we’ll discuss how the movie depicts such abuse, how this can occur in real life, and what you can do to prevent something similar from happening to you or your loved ones by using proactive estate planning and our Family Wealth Planning process. For support in putting airtight, protective planning vehicles in place, meet with our Personal Family Lawyer®.

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