Duane Hicks
Elder abuse can take many forms, one of which is abuse of power of attorney.
Power of attorney is a legal document that gives people complete power to act on your behalf. But what happens when an individual abuses that trust?
Seniors and Law Enforcement Together (S.A.L.T.) volunteers Nell Laur and Donna McKelvie made a presentation on the topic last Wednesday at Columbus Place, marking the second such information session the group would like to start doing more regularly.
“Power of attorney is a legal document and it comes into effect as soon as it is signed, so selecting your power of attorney is very important,” stressed Laur.
“There are two types—financial and personal care,” she explained.
“They can have time limits, perhaps just while a person is in hospital or otherwise incapacitated, and they can be specific—for example, just taking care of bills,” she added.
About 10 residents were on hand to watch a video featuring an actor playing out two vignettes on the misuse of the power of attorney.
In the first, an elderly couple has given power of attorney to their son while the husband/father is in hospital.
After he passes away, the son stops paying his mother’s bills and mortgage, and drains her savings account, leaving her indebted and penniless.
In the second vignette, an elderly woman has a fall at a supermarket, which her son uses as an excuse to have her put in a retirement home.
He then closes her bank account—taking all her money and, thus, her independence.
During a question-and-answer session afterwards, McKelvie explained that power of attorney can be limited in any way the principal (i.e., the person authorizing the other to act) wants.
For example, power of attorney can be specifically written to permit another person to pay your bills while you’re in hospital. And the principal can cancel or change it at any time if they are mentally capable.
“The thing is to cancel it before stuff like this happens,” stressed McKelvie, referring to the scenarios highlighted in the vignettes.
McKelvie noted entrusting another person with power of attorney is a very important decision. But as an additional safeguard, power of attorney can be a joint agreement between two or more individuals—even with the principal being one of the parties.
This means the principal has a say in any actions to be done.
But financial abuse isn’t only perpetrated by family members. Last Wednesday’s presentation at Columbus Place also covered strangers with fraudulent intentions.
For instance, residents watched a vignette of an elderly woman who is befriended by her hairdresser, whose husband recently left her for another woman.
The hairdresser wins the woman’s confidence by going to concerts and shopping with her (although the older woman pays), and earning a place in her eyes as a daughter-like figure.
But then the hairdresser suggests they move into the same apartment and that the woman change her finances over to the hairdresser’s bank.
An outsider might suspect the hairdresser has the intent to defraud the older woman.
McKelvie said she found it most likely that someone might fall for this type of deception because being a senior can be lonely.
“Hairdressers are like a friend, they’re like a bartender—you tell them all your problems and everything else while you’re getting your hair done,” she remarked.
“This could happen so easily in a senior’s life.
“And they may be sincere,” McKelvie added. “But what would happen [in the vignette] if she took her at her word and moved in with her?
“Maybe the hairdresser was okay, but you’re not sure.
“But you’re moving away from everybody you know, your neighbours that have been there for years, and moving to the other side of town,” she continued.
“You’re at a strange bank with a strange bank manager. You’re in a strange part of town where you don’t know anybody.
“It could happen very easily in a senior’s life,” she reiterated.
McKelvie said a senior in the same situation should talk to their family—even if they live far away—and get their perspective and opinion on the new living arrangement to see if others have fraudulent intentions.
“This is the one that I can see happening to anybody, at any time, any place,” she stressed.
“It’s really important that we all be aware of it.”
While the first two elder abuse sessions—held at Green Manor and then Columbus Place—were intended for residents there, S.A.L.T. volunteers are available to make such presentations for other groups/residences.
Aside from financial abuse, which includes misuse of power of attorney, fraud, and theft, there are other types of elder abuse, ranging from physical and sexual to psychological/emotional abuse and neglect.
Other topics S.A.L.T. volunteers can cover in elder abuse presentations include humiliation, sexual abuse, moving into a family, and moving into long-term care.
Groups interested in hosting a presentation on elder abuse can contact Laur at 274-4949.
