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www.SouthwestOrlandoBulletin.com x April 19 — May 2, 2018 x 7<br />
Guardianship Fraud - Elder Abuse Is On The Rise<br />
by: Kristen M. Jackson / Attorney<br />
According to the United<br />
States Census Bureau, due<br />
to the large number of baby<br />
boomers, America’s 65-andover<br />
population is projected to nearly double over the next three decades,<br />
exploding from the current 48 million to over 88 million by 2050. And based<br />
upon the population within each state, Florida has the largest percentage of<br />
elderly persons.<br />
Florida is already one of the largest strongholds for elderly abuse in<br />
the US and because of the exploding elderly population one such abuse,<br />
guardianship fraud, is on the rise. According to Florida Statutes, prior to<br />
the appointment of a guardian, the court must find there appears to be an<br />
“imminent danger” that the physical or mental health or safety of the person<br />
will be seriously impaired or that the person’s property is in danger of being<br />
wasted, misappropriated or lost unless immediate action is taken.<br />
Imminent danger being the foundation of the fraud, is the con artist’s<br />
or abuser’s tool to gain control over and exploit the elderly victim. So why do<br />
these abusers do it? They do it for profit, of course. And what are some of<br />
the signs of imminent danger used by such abusers?<br />
The abuser, such as a family caregiver, may fabricate a belief that there<br />
is a relative, a neighbor or even a stranger who is trying to take advantage<br />
of the victim. Next is to convince the victim to execute a durable power of<br />
attorney prepared by a lawyer so the caregiver can help the victim protect and<br />
manage his/her assets. Likewise, the caregiver may convince the victim to<br />
sign a durable power for health care to make medical decisions or acquire<br />
prescriptions on behalf of the victim. The caregiver then may begin to<br />
deplete the victim’s assets while simultaneously providing an overdose of<br />
prescriptions in order to cause the elder to exhibit a lack of clarity by or<br />
appear mentally incapacitated.<br />
At this time, the caregiver may request an emergency temporary<br />
guardianship which gives complete temporary control over the victim.<br />
Why? Because the caregiver provided the means to demonstrate that the<br />
victim exhibits signs of mental incapacity and is unable to make financial<br />
and medical decisions and therefore manifests an imminent danger. An<br />
emergency temporary guardianship expires 90 days after the date of<br />
appointment and may be extended up to an additional 90 days provided<br />
the caregiver can demonstrate emergency conditions still exist. Just<br />
enough time to embezzle most if not all, of an elderly person’s assets.<br />
In the initial stages of guardianship, an alleged incapacitated person<br />
must be represented by an attorney. While the attorney may have had<br />
good intentions in representing both the victim and the caregiver, the<br />
entire legal system as a whole, including attorneys and the courts, is often<br />
defrauded by an experienced elder law abuser.<br />
Don’t let this happen to you. Avoid<br />
elder abuse and guardianship fraud by<br />
meeting with an estate planning and elder<br />
law attorney today.<br />
Legal Areas of Practice<br />
By our Team of<br />
Attorneys<br />
Administrative<br />
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Business<br />
Buy / Sell Contracts<br />
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Contracts<br />
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Estate Planning<br />
Family Law<br />
Guardianship<br />
Litigation<br />
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Powers Of Attorney<br />
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Probate<br />
Real Estate<br />
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Title & Closings<br />
Trusts<br />
Trademark<br />
Estate Planning<br />
Wills, Trusts, Probate, Living Wills, Powers of Attorney, Health Care Directives,<br />
Pre-Need Guardians, Trust Administration, Pet (Animal) Trusts<br />
Probate<br />
With or without a Last Will, in order to obtain assets, pay debts and taxes<br />
and distribute remaining assets to the heirs or beneficiaries, the deceased’s<br />
estate requires the assistance of an attorney to manage the court supervised<br />
administration.<br />
Corporation & Business Law<br />
Contracts, Start-ups, Purchase or Sales, Corporations (Inc.), Limited Liability<br />
Companies (LLC’s), Trademarks, Copyrights, Franchise Agreements<br />
Real Estate<br />
Closings, Title Insurance, Sales & Purchases, Leases, Contract Review,<br />
Contract Preparation<br />
(407)363-9020<br />
www.JacksonLawPA.com<br />
Offices: Orlando<br />
Credit Cards Accepted<br />
Kristen Jackson<br />
Attorney At Law