Sadly, elder financial exploitation is a growing concern in the United States, with adult guardianship cases particularly susceptible to abuse. As more seniors rely on guardians to manage their financial affairs, it is crucial to recognize the signs of financial exploitation and take appropriate action to protect vulnerable individuals. Today, we will discuss identifying elder financial exploitation in adult guardianship cases and steps to take if you suspect abuse. 

If you believe an elderly loved one is being financially exploited, do not hesitate to contact an experienced elder abuse attorney immediately. 

Understanding Financial Exploitation

Financial exploitation involves the unauthorized or improper use of another person’s resources for personal gain. It can take on many forms, such as stealing money, forging signatures, or coercing the senior into signing financial documents. In addition, in adult guardianship, a guardian may misuse their authority to gain access to the senior’s assets and exploit them for their benefit. 

When people reach an advanced age, they may sometimes have difficulty caring for their own needs. In these situations, guardianship may be an option. A person who is appointed as the legal guardian of an elder may be able to make a variety of important decisions related to medical and personal care, financial matters, and more. However, an elder may not want to completely give up control over their life, and they may want to be able to make certain types of decisions for themselves while ensuring that someone they trust will be able to provide assistance when necessary. In these situations, limited guardianship may be an option, and it will allow an elder to maintain some control over their life while still getting the help they need.

Limited Guardianship vs. Traditional Guardianship

With traditional guardianships, the court appoints someone to be a person's legal guardian. A guardian of the person will be able to address a person's medical care, decide where they will live, and provide for their personal needs. A guardian of the estate will have control over a person's money, the assets they own, and their financial affairs. In a traditional guardianship, the guardian will have complete control over these issues.

With limited guardianship, the court appoints a guardian but allows a person to retain some control over their own life. For example, with limited guardianship, a person may be able to have a say in where they will live, the types of medical care they will receive, and whether to have certain financial transactions carried out. 

The circumstances under which a parent finds themselves seeking to establish another adult as the guardian of their child can be very challenging. Whether a parent is terminally ill, fears deportation, or simply wants to establish guardianship of a child in case of disaster, the guardianship process can bring up tough questions and a long search for answers. 

While some of the existential questions that arise around guardianship of a minor can only be answered by those involved, the legal questions around guardianship can be resolved with the help of a careful plan created in conjunction with a skilled Texas guardianship attorney. If you want to know more about the process of appointing someone to be your child’s guardian, read on and then contact one of our Texas guardianship attorneys for further assistance. 

Pre-Designated Guardianship

Also known as “standby guardianship,” pre-designated guardianship is a process through which a parent can legally establish a person to become the guardian of their minor child in the event of a parent’s incapacitation or death. Until the incapacitating event, the parent still retains all legal and parental rights over the child. The parent may also pre-designate a guardian of the child’s estate, which can be the same person as the guardian of the child. 

Texas courts go to great lengths to ensure that elderly individuals who cannot care for themselves have safe, trustworthy legal guardians to help them make important decisions. Tragically, those who are placed in these positions of great responsibility and authority sometimes do the opposite of what they should, abusing or neglecting their elders in terrible ways. Abusers can be anyone, from family members to non-profit agencies, and abuse can occur in many forms. If you are worried that someone you know or love is being abused, neglected, or taken advantage of by their legal guardian, get help from a Texas elder abuse attorney right away. 

Signs That Elder Abuse May Be Happening

Signs of elder abuse are often subtle and difficult to point out. Initially, you may only have a gut feeling that something is wrong. However, telltale signs of abuse often eventually appear that indicate something serious is going on. Here are five things to watch out for: 

• Strange changes in your loved one’s estate plan

  ...