When you set your loved one up at a nursing home, you may feel relieved knowing that medical professionals will ensure their physical health and safety around-the-clock. You must still serve as your loved one’s protector, though, as abuse in these care facilities occurs more often than you might think. While your loved one may not be physically mistreated, they may be financially exploited. Unfortunately, sometimes this financial abuse escalates to a point where it interferes with their established estate plans. With that being said, please follow along to find out whether nursing home abuse can translate into fraud and undue influence over will document changes, and how a proficient New York City wills attorney at Zimmet Law Group, P.C., can help you put a stop to this or fight back on this before it is too late.
Can nursing home abuse lead to fraud and undue influence on will document changes?
Nursing home abuse in the form of financial exploitation can start with a caregiver or a trusted individual becoming deeply involved in your loved one’s life, which subsequently creates an opportunity for manipulation. This is especially possible if your loved one lacks the mental capacity to defend themselves or understand the entirety of the situation they are dealing with.
And so, this third party may commit fraud by tricking your loved one into signing a new will document under false pretenses. Or, it may involve lying to your loved one about how their family mistreats them, disowns them, etc., to get them to rewrite their will document and other estate planning documents.
On the other hand, this third party may place an undue influence on your loved one by pressuring, controlling, or manipulating them into changing their will’s provisions. For example, they may threaten to withhold care or access from their family members until they make them the main beneficiary of their probate assets.
What are the signs that my loved one is being financially abused in a nursing home?
To reiterate, your loved one may be too confused to understand or report the financial abuse they are experiencing in their nursing home care facility. However, you must look out for warning signs before it is too late and you are at the reading of your loved one’s will after their death. The common signs are as follows:
- You notice personal property and valuables missing from your loved one’s room (i.e., jewelry, keepsakes, etc).
- You notice unusual ATM or bank account withdrawals that your loved one could not physically perform.
- You notice a caregiver or other individual does not leave your loved one’s side during your visits.
- You notice deed transfers, new power of attorney designations, new beneficiary designations for non-probate accounts, etc.
- You notice your loved one’s newfound fear, paranoia, or secrecy during discussions about finances and their estate plan.
- You notice a caregiver or other individual denies visitation, phone contact, or access to their financial paperwork.
To conclude, please prioritize scheduling an initial consultation with a talented New York City estate planning attorney from Zimmet Law Group, P.C. We would be honored to represent you in your legal case.
