Can a Conservator Change the Beneficiaries on an Account?
Can a court-appointed conservator change the beneficiaries on an individual’s investment accounts? It’s a question that comes up from time to time, and there is no clear answer. First, some definitions of terms. In Arizona, a conservator is appointed to handle the finances of a person who is in need of protection. That’s different from […]
Think Twice Before Messing With Mom
A recent Arizona Court of Appeals decision has an important lesson: Think twice before messing with Mom. She might fight back, and she might win. In Re Lindquist centers on Arizona’s vulnerable adult exploitation statute (A.R.S. § 46-456). But the more general message is one we’ve noted before: If you are a child trying to “help” […]
Medicaid Planning Technique Didn’t Work Exactly as Intended
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 […]
Daughter Can File Exploitation Complaint, Though She May Lose
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
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
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
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
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
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
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 […]
