How can an organization serving seniors identify, prevent and respond to financial exploitation of a senior’s funds or assets?
Financial exploitation or theft of a senior’s assets is a serious problem. An organization serving seniors should not receive or take control funds or assets of seniors they serve.
If a resident is disabled, then the organization should see if there has been a person appointed as guardian of the estate of the resident. Guardians would have the authority and duty to protect the assets of the individual.
They usually also have a duty to report to the court how they are handling the assets of the senior.
The organization also could ask the closest family member to seek guardianship. This assumes the family member is not suspected of causing the financial exploitation of the senior. A court will generally appoint as guardian the person who files the petition.
If you have evidence that a person is stealing or financially exploiting a senior, you can report such situations to the police, county state’s attorney, ombudsperson or the government agency that licenses or regulates the organization serving the senior. As the reporter of the abuse, the organization should fully cooperate with all government authorities investigating the wrongdoing. You also should be prepared to respond to any negative publicity that may arise.
Finally, if the organization has evidence that the person involved in the wrongdoing is an employee, the organization is able to discipline or terminate the employee following the requirements of the employee handbook. If the alleged person taking advantage of the senior is a volunteer, then the organization must remove the volunteer from interactions with any seniors they are serving.
Please send your legal questions to John Durso at [email protected].
From the December 2018 Issue of McKnight's Long-Term Care News
