Elder Law

Financial elder abuse is when someone takes advantage of an older person's financial resources for their own benefit. This can include family members, caregivers, business associates, or strangers. Some signs of financial elder abuse include:

• Unauthorized use of assets. Using an older person's credit cards or possessions without their knowledge or permission
• Fraud. Forgery or suspicious signatures on checks, or writing checks as "gifts" or "loans"
• Gaining power of attorney. Tricking an older person into giving them power of attorney, or giving them new powers of attorney that they don't understand
• Making financial decisions. Forcing an older person to change their will or bank accounts, or making a lot of new financial decisions for them
• Charging too much. Charging an older person too much for products or services they need
• Showing interest. Showing a strange interest in how much money the older person spends, or offering strange explanations about their financial situation

Guardianship and conservatorship are legal arrangements that give someone authority over another person's affairs. The roles and responsibilities of a guardian or conservator vary by the circumstances of the individual:

• Guardianship. A guardian is responsible for the personal care of a ward, such as their medical needs, nutrition, clothing, shelter, safety, and daily decisions. Guardianships are often established for minors or people who lack the mental capacity to make their own decisions.
• Conservatorship. A conservator is responsible for the financial affairs of a protected person, such as their finances, property, and real estate. Conservatorships are often established for adults who are mentally capable but physically unable to manage their finances.

Probate is a legal process that takes place after someone dies. It includes: (1) proving in court that a deceased person's will is valid; (2) identifying and inventorying the deceased person's property; (3) having the property appraised paying debts and taxes; and (4) distributing the remaining property as the will (or state law, if there's no will) directs.