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Old 05-25-2011, 07:08 am   #1 (Permalink)
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Info Needed Senior Financial Exploitation

A SILENT CRIME -- Improper use of an elder’s funds, property or assets constitutes financial exploitation or abuse. An exploiter can be an individual, an institution, or even a family member who refuses to pay rent or monies back to the elder over a long period of time.

Obvious examples of financial exploitation include cashing an elderly person’s checks without authorization; forging an older person’s signature; or misusing or stealing an older person’s money or possessions. Another example is deceiving an older person into signing any contract, will, or other document after the elder has lost their spouse within an expected initial grieving period of 6 months.

**Sudden disappearance of an elders possessions such as jewelry and personal items.

On a personal note: My own 86 year old father has been subjected to egregious financial elder abuse for the last 9 years and I am currently in probate court defending my dad from this VERY harmful family member who is being evicted from my dad's commercial building for non-payment of rent. Going by the original and only existing contract, the sum owed for rent currently totals $327,600 yes, you read that correctly!

Due to my dad's good nature he is only seeking the last 6 months of rental arrears and eviction (whether arrears are paid or not) he could however seek the last 9 years of rent (which certainly meets the qualifications of elder abuse hands down)

In addition to LOST rental income which my dad counted on to live, this family member has stolen point blank well over $100,000 in cash from my dad's home, plus jewelry and other sentimental items, and taken advantage of him paying for items such as trips, college for his children, vehicles, (by playing poor to dad and tugging on his heart).

These thefts can show the court (civil court) an overwhelming preponderance of Evidence where a Reasonable Person sitting on a jury can deduce this is exactly what occurred or through circumstantial with tangible Evidence likely result in a criminal conviction. Jurors find this type of crime very disheartening.

When this family member recently received their eviction notice from my dad's commercial property (I knew this would be their next move, and sure enough) they retained an attorney and had an emergency competency hearing filed in Probate Court to have my father declared incompetent; with 12 pages of which 8 were of accusations, all provable LIES.

We went to Probate Court on May 23, 2011 and the judge could see right through this complaint. This family member had to be physically restrained by his attorney once, and had 2 other outbursts where the judge intervened.

The judge spoke with my dad and found him to be fully competent and told the Plaintiff they should pay their rental arrears or the eviction will proceed in the other court case.

This family member has also forged my father's name on a credit card which only recently came to light when my father received a telephone call from the bank for non-payment with a large balance. This family member has been having the account mailed to their residential address and due to the commercial pending eviction has stopped paying which triggered the banks collection department to seek out the other party (my dad, who's named was forged). Charges are pending while the bank investigates.

I am positive this harmful family member is planning their next step, and I am ahead of them since I know them well and it's easy to figure out their next simpleton move, thus assuring measures are taken to circumvent it! However, from a juvenile to adult record; at 50 years of age this family member has a disturbing history of real violence with well over 25 arrests for Assault & battery.

See Identifying a Pathological Liar

Financial abuse robs a senior of self–esteem and trust, as well as of his or her means of subsistence. Although financial exploitation does not leave physical scars, it is a serious and shameful crime. If you or your elderly relative has been a victim of financial abuse, we would like to be of assistance.
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