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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 />

Advance Directives<br />

Bankruptcy<br />

Business<br />

Buy / Sell Contracts<br />

Commercial<br />

Contracts<br />

Corporation<br />

Criminal<br />

Employment<br />

Estate Planning<br />

Family Law<br />

Guardianship<br />

Litigation<br />

Last Wills<br />

Medicaid<br />

Powers Of Attorney<br />

Pre-Nuptials<br />

Probate<br />

Real Estate<br />

Special Needs<br />

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

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