Elder Financial Abuse: Legal Considerations

Identifying, Preventing and Redressing Exploitation

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, January 31, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel for protecting elderly clients from financial abuse including fraud, undue influence by family, and abuse of guardianship. The panel will discuss the various types of abuse, warning signs, preventative steps and available remedies.

Description

Financial abuse of the elderly is a growing and often unreported problem impacting the full spectrum of the population throughout the United States and resulting in billions of dollars of expense in investigative, legal and healthcare costs and lost assets.

Financial exploitation comes in many forms, including fraud, undue influence by family, and abuse of guardianship, and the perpetrators are anyone from strangers to loved ones and trusted fiduciaries of the elderly.

When dealing with elder financial abuse, counsel must take precautions to protect the attorney-client privilege and client confidences.

Listen as our authoritative panel of elder law attorneys examines the types of elder financial abuse, the warning signs, and the legal ethics issues facing counsel who suspect abuse of an elderly client. The panel will also discuss the preventative measures and the remedies available.

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Outline

  1. Types of elder abuse
    1. Fraud
    2. Scams
    3. Undue influence by family and trusted others
    4. Abuse of powers of attorney and guardianship
    5. Identity theft
    6. Medicare and Medicaid fraud
    7. Failure to fulfill contracted services
  2. Warning signs
  3. Ethical issues facing counsel
    1. Reporting the abuse
    2. Attorney-client privilege
    3. Conflicts issues
  4. Preventative measures
    1. Universal screening of clients
    2. Guardianship or conservatorship
    3. Financial counseling
  5. Remedies
    1. Banking reporting
    2. Criminal prosecution
    3. Civil and equitable remedies

Benefits

The panel will review these and other key questions:

  • What practices can counsel employ to identify financial abuse of an elderly client?
  • What measures can counsel take to protect elderly clients from financial abuse?
  • What redress is available if an elderly clients falls victim to financial abuse?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

William P. Isele
William P. Isele
Of Counsel
Archer

He advises healthcare entities, from individual practitioners to hospitals, long-term care facilities, and hospice...  |  Read More

Ingrid M. Evans
Ingrid M. Evans
Partner
The Evans Law Firm

She is a Board Certified Civil Trial Advocate, and was named as a Finalist for Consumer Attorney of the Year, Consumer...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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