Atlanta Probate Lawyer Blog
While we focus on Obama Care, health care reform, and whether social security will stay properly funded to keep up with payouts to the ever-increasing elderly retirees, it seems the financial abuse of the elderly and incapacitated has reached new highs. Most Atlanta, Georgia estate lawyers agree that in “looting the estate situations”, Adult Protective Services is not a preliminary answer, but can be of great service in many instances once the financial abuse is uncovered. The answer to this problem is action by you, the family and friends of the financially abused elderly and/or incapacitated persons.
Atlanta, Georgia probate lawyers should not only represent clients in Georgia probate cases after a loved one passes, but should be ready to intervene and stop the financial abuse of loved and/or incapacitated persons before they pass if they are the subject of looting, theft, elder financial abuse, etc. I have termed it “looting of the estate” is some instances even though the elderly person has not passed, and an estate has not yet been created. I believe that Greenway v. Hamilton is one remedy, but I think what is better is to catch the thieves during the life of the elderly and/or incapacitated and hopefully before too much money/assets have been stolen. These thieves are abundant and as easily found as your closest family member.
Atlanta, Georgia probate lawyers oftentimes practice Georgia probate law, but also work in estate administration, estate litigation, Georgia guardianship and conservatorship proceedings, and misuse/abuse of powers of attorney and just plain conversion of assets taken from the elderly and/or incapacitated. It seems lately I have noticed a disturbing trend and I want to be outspoken about it so that you, the reader and be on the lookout for financial elder abuse. It takes many forms, and usually is carried out by someone who is close to the loved one. I hope that more attorneys will look to GREENWAY v. HAMILTON. GREENWAY v. HAMILTON et al. No. S06A0050. JUNE 26, 2006, to bring many of these “thieves” to justice. I also help it will raise awareness of what may be happening will our loved ones try to enjoy their last years. Frankly, what I see happening more and more often is quite disturbing. That being theft from the elderly using powers of attorney, looting, conversion, undue influence for gain, and more.
This is in every way shape and for, FINANCIAL ELDER ABUSE and must be stopped! Here are some of the forms this looting of elderly assets takes place:
• Using a power of attorney to control assets of an elderly and/or incapacitated person, but use their monies for other purposes than the health, care, welfare, and well-being of the elderly and/or incapacitated person.
• Using monies of an elderly and/or incapacitated person for their own purposes and not for the caretaking of the elderly and/or incapacitated person. Oftentimes, the elderly and/or incapacitated person can do little to stop these thieves or do not understand the scam that is being perpetrated on them. Many factors contribute to this. Mostly is the lack of capacity elderly or incapacitated person suffer from prevents them from understanding what is happening.
Looting a loved one’s estate is a serious legal matter and one that should not be taken lightly. While using your influence to affect the estate and the will are one thing, deliberately forging documents or ignoring a will and testament’s wishes is another. While both are against the law, looting the estate is significantly more heinous and carries federal penalties, as well as, civil penalties.
When a person is ill or too incapacitated to care for him or herself, they depend upon the kindness and care of others to help them in their final years. Unfortunately, many people prey on these individuals and take advantage of them during this time. When a person deliberately ignores his loved one’s wishes as laid out in their last will and testament and disposes of the money and estate for their own personal gain, then they may be guilty of looting the estate.
If you are the heir to an estate, it is important to pay attention to the things that are going on throughout your loved one’s life. Make sure you regularly visit and remind your loved one to show you all documents BEFORE he or she signs them. If there is a will and testament already in place, make sure your loved one knows not to make any changes before consulting with you and your family. In addition to talking to your loved one, you should also talk to family members and other heirs to ensure that everyone involved agrees about your loved one’s care and treatment.
If you or someone in your family believes that your loved one may be the victim of estate looting or undue influence, it is important to contact an Atlanta probate and estate dispute attorney immediately. Your Atlanta, Georgia estate attorney can help you ensure that your loved one’s estate is protected from all types of fraud, looting, and greed.
CONTACT US IMMEDIATELY UPON FINDING THEFT OF WOULD BE ESTATE ASSETS FROM THE ELDERLY AND/OR INCAPACITATED – The Libby Law Firm ATLANTA PROBATE ATTORNEYS, GEORGIA ELDER ABUSE LAWYER, ATLANTA, GEORGIA ESTATE AND GUARDIANSHIP LAWYERS – MAIN OFFICE IN ATLANTA, GEORGIA-BUCKHEAD NUMBER: (404) 467-8611. You may also choose to use our “CONFIDENTIAL CONTACT US FORM”
If you feel you or your loved one is the victim of “looting of the estate”, immediately contact the Atlanta, Georgia estate lawyers at The Libby Law Firm. Our experienced Atlanta estate lawyers can stop the looting of the estate. Our Atlanta, Georgia estate attorneys have a number of methods. Most notably is bringing the looting or stealing of what will be estate assets to the attention of those carrying out this egregious act. This is conversion and is stealing, theft by taking, and/or conversion anyway you portray it.
The individuals committing these actions may fear criminal action or fear action by the Department of Adult Protection Services. This often stops the individuals from stealing from the estate, but you need to make sure they do not start again and that they pay the money they have taken back to the person or loved one from whom they have stolen.
Another method to stop this action is to bring an action to establish a Georgia Guardianship and Conservatorship over the loved one who is subject to looting. Once the Guardian and Conservator are appointed, they can step in, sue for recovery of the stolen assets, and maintain an orderly use of the assets of the loved one. Note, the Guardian and Conservator may be the same person, and must report to the court of their expenditures. In addition, they usually must carry a bond to ensure the assets of the loved one are not yet looted again.
Contact our Main Office by calling our Main Number (404) 467-8611 or through our Buckhead confidential “Contact Us Form”. Our Firm is easily found in its location near the intersection of Piedmont and Peachtree Roads near the Buckhead Triangle and easily found. We are conveniently located on the street level in a quite comfortable suite. Upon arrival, you will find plenty of safe, secure, covered free parking.