Legal Question in Elder Law in Massachusetts
Is this extortion or exploitation of an elder?
My parents are in their early 90's. My dad was recently hospitalized. My mom is still healthy, with very slight dementia. She lives alone now in their home. I have hired a caregiver for Mom 3 days/week & my family & come over weekend. I found out 2 years ago from my Dad that my sister has been asking him to pay her and her husband's credit card bills. They have several cards; 2 years ago, my Dad said it was $5,000/month, & that she would only leave bottom part of the bill to pay; no detail. He told me it had stopped, but my Mom saw his bank statement for Dec, & the amount was $65,000 which were all credit cards of my sister's, so he has not stopped. Their financial advisor told me it was $200,000 paid in cc bills from April until December. I told my mother. She said she knew, but didn't know it was that amount of money. She wants to sweep this under the rug and thinks that my Dad was only ''helping'' my sister and her husband. I don't know how my sister ''asked'' for the money. She may have threatened.
What do I do? I am afraid sister and husband will go to my mother for money now that Dad is in hospital. Meanwhile, sister is playing Florence Nightingale. Her husband is bad person & I worry he might physically hurt Mom.
2 Answers from Attorneys
Re: Is this extortion or exploitation of an elder?
this may very well qualify as financial abuse of an elder. I recommend that given your mother's medical condition(dementia), your father's hospitalization and the $200,000 recently being transferred, that you obtain counsel and file for guardianship of their estate (their financial assets) so that these transfers will at least be subject to court review and supervision... the person appointed as .guardian of their estate would then be the only person writing checks and transferring monies out of their accounts.
Re: Is this extortion or exploitation of an elder?
This may be financial abuse or undue influence over your parents. More importantly these amounts will count against any medical benefits your parents may need in the next five years from Medicaid should that be necessary.
I would suggest given your parents age and conditions that you get a conservator appointed for them to make sure they are preserving sufficient assets to take care of themselves.
Yuo should also be concerned that your parents Will's may have been altered or your sister and brother-in-law will attempt such an action.
contact an attorney and investigate teh problem and get things under control.
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