the real/estate blog

Choose your own Attorney

Posted in Elder abuse,End of Life Care,Estate Planning by Cesia Green on September 18, 2012
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Here’s another reason (if you need one) to be very, very careful about who you choose as your attorney (for care in this case, but property is relevant too): a woman in Missouri is accused of murdering her father by using a Power of Attorney to withhold treatment and cause his death.

Choosing the proper attorney is very important. This is obviously an extreme case, and there are questions about the validity of the Power of Attorney document, but it highlights the fact that, if you don’t prepare a document yourself, someone could arrange for treatment that you really don’t want.

You can read more about the case here.


A made-for-TV movie – except it’s real

Posted in Elder abuse,Estate Planning,Seniors,Substitute Decisions by Cesia Green on September 6, 2011

I came across this story today, which seems to combine the worst elements of elder abuse and fraud. In a nutshell: Frank Blumeyer, a wealthy resident of Naples, Florida, befriended his neighbours, Allen and Marcia Brufsky. Within a year, he had loaned them significant amounts of money, and was allegedly having an affair with Marcia at Allen’s insistence (Allen at one point supposedly offered to “sell” Marcia to Frank in an email).

Frank’s children have claimed that the Brufskys victimized their father in order to squeeze as much money as possible from him. The Brufskys claim that they were close friends who were paid for their assistance. They have also produced a will that purports to have left a portion of Frank’s estate to Marcia; Frank’s children claim that he was at a family function all day on the date that the will was allegedly signed, and that there is no way that he signed a will that day. Whoever is right, this estate will likely take significantly longer to administer than would an average estate.

Elder abuse – whether physical, verbal, emotional or financial, or neglect – is becoming a more serious problem as North American populations age. Like so many other forms of abuse, while the perpetrators are sometimes strangers, more often than not they are trusted friends or family members who take advantage of an elderly person’s vulnerability. Whether from external pressure or improperly using a power of attorney, financial abuse of seniors is on the rise. Frank Blumeyer’s story is, sadly, a cautionary tale of what can happen.