Protecting an Aging Parent From Financial Exploitation and Undue Influence
When an aging parent has cognitive decline or serious illness, families may need to act quickly to prevent financial exploitation, undue influence, and unsafe money decisions. Learn what steps to take, who to contact, and how to protect your loved one.
This Ask the Experts post explains how families can protect an aging parent from financial exploitation, undue influence, and unsafe money decisions when cognitive decline, illness, or vulnerability may be involved.
Donna asks...
My 93 yo father was recently put in a skilled nursing facility with a severe spinal infection. He seems to have mild to moderate cognitive loss. He does not want to turn over POA to his family.
Today a woman he met years ago with a 3 yo child called him to ask to move across country into his home with the child and asked Dad to give her the money to make this happen. He wants to do this. There have been several women Hes given a lot of money to over the last 2 years.
He has a Living Trust that my sisters and I are listed as conservators when he becomes incapacitated. Who do we talk to to get an assessment of his mental state? Do we need to hire an Elder care attorney or can the SNF assist with this?
He is in California. Thank you so much for any advice
Response
Donna, I am so sorry your family is facing this. This is frightening, especially because your father is medically fragile, in a skilled nursing facility, and may have cognitive changes. I would treat this as a possible elder financial exploitation/undue influence situation, not just a family disagreement.
The first step is to ask for a care conference immediately with the skilled nursing facility social worker, discharge planner, nursing director, and his attending physician. Tell them clearly: “We are concerned about possible financial exploitation and impaired decision-making. We need this documented in his chart, and we need a formal cognitive and capacity evaluation.”
A basic memory screen is not enough. Because he has a severe spinal infection, they also need to rule out delirium, medication effects, pain, infection, dehydration, sleep deprivation, or metabolic problems. Ask the physician whether he needs evaluation by a neuropsychologist, geriatric psychiatrist, neurologist, or psychologist. The key question is not only “Does he have dementia?” It is: “Does he have the capacity to understand the risks and consequences of giving away money, allowing someone to move into his home, or changing financial arrangements?”
I would also contact a California elder law attorney as soon as possible, preferably one who handles trusts, incapacity, conservatorship, and elder financial abuse. The SNF can help document concerns and request medical/cognitive assessment, but they cannot give your family legal authority over his finances. An attorney needs to review the Living Trust language. Sometimes a trust explains exactly how incapacity is determined, such as requiring one or two physician letters before successor trustees can step in. Also, the term may be “successor trustee,” not “conservator,” unless there is a separate court-appointed conservatorship.
If he will not sign a POA and continues making unsafe financial decisions, the attorney can explain whether you need to petition the California court for conservatorship of the estate, conservatorship of the person, or possibly an emergency/temporary conservatorship if money or the home is at immediate risk.
I would also report the concern. In California, Adult Protective Services can be contacted at 1-833-401-0832 for suspected elder abuse, neglect, or exploitation. Because he is currently in a skilled nursing facility, you can also contact the California Long-Term Care Ombudsman CRISISline at 1-800-231-4024. If there is evidence of fraud, threats, theft, coercion, or someone trying to gain access to his home or accounts, contact local law enforcement as well.
Start documenting everything today: the woman’s name and phone number, what she asked for, any texts or voicemails, prior women he gave money to, dates, approximate amounts, bank concerns, cognitive changes, and what your father says about the situation. Keep emotions out of the documentation. Just write facts.
Also contact his bank or financial institution’s fraud/elder abuse department if you or your sisters have any legal authority or are listed on the accounts. Ask what safeguards are available for suspected elder financial exploitation. Do not move money, change accounts, or restrict access without legal guidance, but do alert the proper professionals that he may be vulnerable.
When talking with your father, try not to argue or shame him. A softer approach may work better: “Dad, we know you want to help people. We are not trying to control you. We are worried someone may be taking advantage of your kindness while you are sick. Before any money is given or anyone moves into your home, we need a doctor and attorney to help protect you.”
This is urgent, but you are not powerless. Start with the SNF social worker and attending physician today, contact a California elder law attorney, and make the report to APS/Ombudsman so there is a record of the concern.
Here is more California specific information-
California APS serves elders 60+ who may be victims of abuse, neglect, or exploitation, and the statewide APS number is 1-833-401-0832.
For concerns involving a skilled nursing facility resident, California directs families to the Long-Term Care Ombudsman CRISIS line at 1-800-231-4024, and the Ombudsman handles complaints including financial abuse in long-term care facilities.
California courts also use form GC-335, completed by a physician or psychologist, to tell the court about the mental capacity of a proposed conservatee.
More information on this topic
Diane Carbo
Diane Carbo
Diane Carbo
