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Tag Archives: exploitation

Medicaid planning technique

Medicaid Planning Technique Didn’t Work Exactly as Intended

NewsletterBy Robert FlemingNovember 15, 2020

When a family member faces the high cost of long-term care, it may seem important to do whatever it takes to preserve their resources. Sometimes, though, a given Medicaid planning technique may cause problems. That can be true even if the approach is legal — and sometimes even if it is effective. Take Missouri resident…

Exploitation complaint

Daughter Can File Exploitation Complaint, Though She May Lose

NewsletterBy Robert FlemingAugust 2, 2020

Who can file an exploitation complaint, alleging financial abuse of a vulnerable adult? In Arizona, a court-appointed conservator can file with the courts. So can the personal representative of the victim’s estate. But what about family members who feel that their loved one has been victimized? Financial exploitation of vulnerable seniors is a huge, and…

Guardianship / Conservatorship Petition Backfires on Son Who Exploited Mother

Newsletter, Tucson Elder LawBy Robert FlemingMay 1, 2016

MAY 2, 2016 VOLUME 23 NUMBER 17 When a litigant asks the court for particular relief, lawyers call the request a “prayer.” It isn’t always as spiritual or respectful as that sounds, but it does give us a chance to offer good generalized legal — and life — advice: be careful what you pray for.…

Exploitation of a Vulnerable Adult, or Not? You Judge

Newsletter, Tucson Elder LawBy Robert FlemingNovember 15, 20154 Comments

NOVEMBER 16, 2015 VOLUME 22 NUMBER 42 This week we’re going to ask you to be the judge. We’re going to tell you a story, then give you a moment to decide what you think should be the outcome of a lawsuit. Once you’ve decided, we’ll tell you what actually happened in the courts. Ready?…

Financial Exploitation Case Leads to Judgment, Disinheritance

Newsletter, Tucson Elder LawBy Robert FlemingMarch 1, 2015

MARCH 2, 2015 VOLUME 22 NUMBER 9 We hear variations on this same story once every week or so. Dad (it might be Mom, or Aunt Bridget, or a long-time family friend) seemed to be adrift after his wife (her husband, her long-time companion) died. Then he met this woman who moved in with him…

Exploitation of Vulnerable Senior Leads to Disinheritance

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 26, 2014

JANUARY 27, 2014 VOLUME 21 NUMBER 4 Arizona has a relatively strong statute dealing with exploitation of vulnerable adults. An exploiter can be charged criminally, and might receive a longer sentence or larger fine because of the victim’s vulnerability. But the strongest part of the Arizona law is probably the provision that lets the victim…

Reporting Abuse, Neglect or Exploitation of Vulnerable Adults

Newsletter, Tucson Elder LawBy Robert FlemingDecember 22, 20131 Comment

DECEMBER 23, 2013 VOLUME 20 NUMBER 48 As people live longer and the elderly population increases, so does the likelihood of abuse, neglect and exploitation of vulnerable adults. Lawyers, accountants, doctors, nurses, caretakers, bankers — indeed, any professional — faces a growing probability that at some point they will be confronted with the issue of…

A Chilling Story of Fraud Targeting an Elderly Victim

Newsletter, Tucson Elder LawBy Robert FlemingJune 16, 2013

JUNE 17, 2013 VOLUME 20 NUMBER 23 Last week a colleague told us a story that we think needs to be shared. Patricia Sitchler, a nationally-known San Antonio lawyer with the prominent Texas firm Schoenbaum, Curphy & Scanlan, P.C., described her client’s eye-opening experience with a fraudulent attempt to access her bank account. We asked…

Physical Limitations Can Lead to “Vulnerable Adult” Finding

Newsletter, Tucson Elder LawBy Robert FlemingMarch 11, 20121 Comment

MARCH 12, 2012 VOLUME 19 NUMBER 10 Georgia Griffin (not her real name) moved from Kansas to Arizona in 1997. She lived in her own townhome in Sun City West, a retirement community northwest of Phoenix, until 2001, when she moved in next door to her daughter Barbara, who lived in Scottsdale. Georgia’s story was…

Benefits Eligibility Irrelevant in Lawsuit Over Trust Terms

Newsletter, Tucson Elder LawBy Robert FlemingFebruary 7, 20111 Comment

FEBRUARY 6, 2011 VOLUME 18 NUMBER 5 What can a parent do to ensure continuing care for his or her adult child with a disability? That was the dilemma facing Californian Earl Blacksher in the late 1980s. His daughter Ida McQueen lived with him in the family home in Oakland. She was developmentally disabled, and…

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