08/06/2015
Recently it came to my attention, that an elderly relative, who is quite well off, was in fact, placed in one of those horrible, government-run senior homes that cater to dementia patients. Her child, her only child, who has control over her life and finances, decided that she wasn't aware enough to realize she was in horrible surroundings, and thought it would be better to 'pad' her estate rather than put her in a better, albeit, more expensive home. This happens more often than you might think, and can leave other relatives feeling helpless.
The good news is, there are some steps you can take should you see this happening to someone you love. Firstly, if a Power of Attorney is abusing the financial authority and not acting for the best benefit of the infirm, you can hold that person personally liable for their actions. Estate litigation is long and costly, but it can be done.
Secondly, if there is a concern that a person's benefit is at risk and that person is incapable of acting on their own, you can go the Office Public Guardian Trustee and have them do an investigation. If they deem it appropriate, they can appoint an OPGT lawyer to "represent" and protect the infirm. This can happen in the form of a guardianship.
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