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Elderly Person being taken advantage of...what do you do?

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January 10, 2005, 11:51
XR400clark
Elderly Person being taken advantage of...what do you do?
Greetings,

My father just bought this lady that use to work in his assisted living center a new 300K home. The house is paid for and the deed is in her name only. She won't let him move in until he makes her the sole beneficiary on the remainder of his account. I think it is fair to say that my father is being taken advantage of. How would you legally pursue something like this? Is this a civil or criminal case? Any advice would be appreciated.
January 10, 2005, 13:09
Margaret Lalk
I would report it to the appropriate police agency as a theft by deception, especially if your father has diminished mental capacity. A police department with a white collar crime unit may be able to find other similar transactions by this woman. Would also contact AG's office, consumer fruad. But first move should be to contact a lawyer who practices in elder law to obtain a guardianship over his finacial affairs. This is an ongoing problem faced by adult protective services, that the law permits adults to make bad decisions for themselves unless and until a court finds them incompetent.
quote:
Originally posted by XR400clark:
Greetings,

My father just bought this lady that use to work in his assisted living center a new 300K home. The house is paid for and the deed is in her name only. She won't let him move in until he makes her the sole beneficiary on the remainder of his account. I think it is fair to say that my father is being taken advantage of. How would you legally pursue something like this? Is this a civil or criminal case? Any advice would be appreciated.

January 10, 2005, 15:05
A. Diamond
Should someone in the transaction (seller, perhaps) have been able to tell that this gentleman lacked ability to contract? Another issue for the elder law lawyer you need to get FAST.