GA, US, 14th May 2022, ZEXPRWIRE, Unfortunately, Alzheimer’s is a common disease in the elderly of America. A few technical factors are involved in matters concerning the power of attorney, financial assets, elder abuse, and the transfer of power and accounts of someone with Alzheimer’s. If you or someone you know is looking to sue a family member over a case of elder abuse and power of attorney, then here are a few factors that you should consider.
Signing the power of attorney document:
A person should be legally competent before signing the document for handing someone their power of attorney, even in cases of giving the person control lawfully over financial and medical issues of the person. A person taking the responsibility of the elder or individual and providing care to them may ensure from a reliable lawyer that all the power of attorneys and caregiving of the individual are legal, and all legal requirements have been met. This way, the individual can carry out all financial matters or add a name to the checking account through legal means and assistance, making it holdable in the court of law.
In cases where the individual, after signing the power of attorney or power over financial matters, has been found to have Alzheimer’s, the case’s situation does not classify as legal. The person signing the document and hanging a power of attorney must remain legally competent. This means that taking over the financial accounts or the power of attorney of an Alzheimer’s patient can lead to charges of fraud or other such crimes. To approach such cases is to gain conservatorship or guardianship by the courts and manage the financial accounts for individuals who are not legally competent. Adding your name in a power of attorney for an individual who is not lawfully competent can lead to charges of elder abuse by a loved one or another relative of the aging adult.
What is classified as Elder Abuse?
When an individual once or repeatedly harms an aging adult, it can be classified as elder abuse. Such as if the aging adult incurs financial harm, misappropriation of goods, theft, or more by the individual. If trust is involved, and if the individual breaches the trust when the aging adult has become legally incompetent, the individual may be charged with elder abuse. Particularly, in cases where the aging adult has been traumatized or emotionally affected by the individual’s actions. For instance, exploiting the power over financial accounts of the elderly and transferring the monetary amount required for the elder’s use to your account for personal gains.
Power of Attorney Fraud:
Power of attorney fraud is another commonly carried out practice, often carried out by the individuals the elder trusts the most. This fraud occurs when the aging adults are not legally competent, but the trusted individual makes the elder sign a power of attorney over financial matters to them. Such fraud can lead to charges of elder abuse and legal action against the perpetrator.
Legal Aid Route:
For cases concerning aging adults that are not legally incompetent and signing the document and handing power of attorney, it is suggested to first carefully analyze the legal criteria of the case and evaluate the case functions. These matters can be very complex and cause huge disruptions or feelings of resentment against direct family members. It is wise to take legal guidance before taking any legal action. To guide you better with the legalities of the case, and provide an assisted route, you should seek the assistance of an elder law attorney. This will help strengthen and file a case against the perpetrator.