Case Study: Protecting Vulnerable Loved Ones

Jessica* is in her late 80s and lives in a memory care facility, where she receives specialized care for her advancing dementia. Jessica has four adult children, including a trusted daughter who Jessica gave power of attorney to so she could make medical and financial decisions on Jessica’s behalf. 

However, one of Jessica’s sons disagreed about the estate planning decisions his mother, and then his sister on his mother’s behalf, made. He felt he was entitled to more of his mother’s assets. But without being granted power of attorney, he lacked access and decision-making authority.  

One night, the son showed up at the memory care facility where Jessica lives and attempted to have her sign a new Power of Attorney (POA) document that named him. If facility staff had not intervened, it is very possible that Jessica, in her diminished mental capacity, would have signed the papers. Doing so would have likely triggered a lengthy, costly and emotionally charged court battle between the siblings.  

The incident is a stark reminder of the importance of safeguarding our loved ones from potential exploitation, even within their own families. Here are steps to take for when you can’t police your vulnerable family members 24/7: 

Establish a POA Early: It’s crucial to set up a POA while the person is still mentally capable of making decisions. Choose a trusted individual who will act in the best interest of your loved one. This can be a family member or a neutral third party, like an attorney. 

Regularly Review and Update Estate Planning Documents: Make sure all legal documents, including the POA, are up-to-date and reflect the current wishes of your loved one. Regular reviews can prevent any loopholes or outdated provisions that could be exploited. 

Communicate with Family Members: Open communication among family members can help prevent misunderstandings and potential conflicts. Make sure everyone understands who has been granted POA and the responsibilities that come with it. 

Involve a Legal Professional: Consulting with an estate or elder law attorney can provide additional protection. They can ensure that all legal documents are correctly drafted and that your loved one’s wishes are clearly recorded. An attorney will also be helpful in enforcing rights and your loved ones’ wishes should a problem arise. 

Monitor for Signs of Exploitation: Keep an eye on interactions between your loved one and others, especially those who may have financial interests. Caregivers, family members and medical professionals should be vigilant and report any suspicious behavior. 

Alert Facility Staff: It can be embarrassing or uncomfortable to discuss your family’s drama with professional caregivers, but it is important to have them watching out for potential problematic situations.  

Contact an Ombudsman: If problems do arise, your state’s long-term care ombudsman can provide guidance, information and support. 

Educate Your Loved One: While dementia can limit comprehension, early education on the importance of legal documents and financial protection can empower your loved one to make informed decisions before their condition progresses. 

In Jessica’s case, the vigilance of the memory care staff and the foresight of her other children prevented her son from taking advantage of her vulnerable state. However, not every family is so fortunate. By taking proactive steps, you can protect your loved ones from similar risks and ensure that their wishes are respected, even in the face of cognitive decline. 

If you’re concerned about protecting your family members or have questions about estate or elder law, the attorneys at TREEL can help – contact us today. 

*Names and some details have been changed to protect the client’s privacy.