Q: Hello,I have a resident living in assisted living being financially abused by two people.
executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?
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- California
- (916) 704-3009
- View Profile
- Answered
A:
This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:
1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse. In California, you can also call the Elder and Dependent Adult Abuse Hotline at 1-833-401-0832.
2. Consult with an elder law attorney: Seek advice from an attorney specializing in elder law who can help navigate the legal complexities of this situation, especially regarding the trust, will, and power of attorney issues.
3. Document everything: Keep detailed records of all interactions, statements, and observations related to the suspected abuse.
4. Contact the California Department of Social Services: They oversee assisted living facilities and can investigate complaints of abuse or neglect.
5. Inform the facility management: Make sure the assisted living facility's management is aware of the situation, as they have a responsibility to protect residents from abuse.
6. Consider requesting a conservatorship: If your resident is unable to manage their own affairs, you might need to petition the court for a conservatorship to protect their interests.
7. Contact the local district attorney's office: Financial elder abuse is a crime in California, and the DA's office may be able to investigate and prosecute if there's sufficient evidence.
8. Reach out to California Advocates for Nursing Home Reform (CANHR): This non-profit organization provides advocacy and legal advice for long-term care residents and their families.
Remember, as a mandated reporter (if you work in the assisted living facility), you have a legal obligation to report suspected abuse of elderly or dependent adults.
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