Outrageous Financial Exploitation Texas Case: elder abuse thief gets POA & has stroke victim sign hospital bed will

Financial exploitation and elder exploitation & financial abuse, are, sadly, widespread and common in Florida. Florida has both civil causes of action and criminal laws to deal with those whomis-use powers of attorney, positions of trust and those who convert, conceal and steal money belonging to others. Yes, family members and trustees of mom or dad’s revocable living Florida trust do have legal remedies to recover money if someone steals money with a power of attorney Florida.  And, yes, there are legal lawsuits which can be filed if a badtrustee stole money from the revocable trust Boca Raton.  Also, and this is important: there are guardianship legal proceedings in Florida which can assist family members if a strangeror thief is trying to take control of mom or dad or their money.   But Florida and Palm Beach County are not alone in dealing with financial exploitation and elder abuse. 

Crazy Financial Exploitation Power of Attorney and Hospital Bed Will Case

• A July 31, 2015 appellate opinion out of the Court of Appeals of Texas, Dallas, reveals how financial predators can move in on those who are hospitalized or in a weakened state.
• If you handle guardianship work, or work with senior citizens and their families, you might consider reading this case and even keeping it in your files as an example, or reminder, of “this can happen to you and your family.”
• The financial exploitation described in the case of McCay v. The State of Texas (2015 WL4600241; No. 05-12-01199-CR) (no S.W. 3rd citation yet), is nothing short ofoutrageous.
• Elder law attorneys Boynton Beach, guardians, family members and health care providers are often faced with “neighbors”, “friends” and new faces, who, apparently, or, perhaps all of a sudden, are attempting to make decisions for senior citizens–our clients or family members.
• How did an “acquaintance” get a hold of your aunt’s power of attorney or become trustee of your dad’s revocable living trust? Great question.

Thief Used Power of Attorney to Keep Family From Seeing Mom and Aunt in Hospital

• So, check out this elder exploitation case which involved a criminal defendant who was found guilty of attempted theft of property over $200,000.
• He and his friends or cohorts targeted an 88 year old woman who suffered a fall, hit her head, and was hospitalized.
• While the woman’s (victim’s) family was away, visiting rehabilitation facilities, this criminal defendant had her sign a new power of attorney.
• The thief prevented the victim’s family from visiting her in the hospital.
• When the victim was admitted to a skilled nursing facility, the thief instructed the facility staff to not allow the victim’s only daughter to visit.
• The victim’s daughter or nephew filed for guardianship, which the thief opposed. It gets worse.

Mother/Aunt “Signs” New Will in Hospital Bed 2 Days After Stroke

• The victim suffered a massive stroke.
• Two days later, in the hospital, the thief stood at the foot of the victim’s bed while a new will was read to her: he helped her make a “mark” on the will to sign it.
• Incredibly, the post-stroke will signing was video recorded !
• Anyway, here is a link to read the full appellate opinion on this case involving financial exploitation and elder abuse.
• Click on the link and scroll down to “Criminal Cases Decided”. You will see the case number and name of the parties as listed prior in this probate commentary.http://www.search.txcourts.gov/Docket.aspx?coa=coa05&FullDate=07/31/2015