A Guide for Elders: Planning That Protects You and Your Assets, Chapter 1

WHY THE GUIDE?

In the last decade, our society has seen a frightening phenomenon: increasing numbers of reports of elderly people being abused, exploited, or victimized in ways that rob them of their life savings and their dignity. In Massachusetts alone, according to the Executive Office of Elder Affairs, from 1984 to 1992 the number of such reported cases rose from 1,529 to 4,140. Those cases involving financial exploitation saw elders victimized by friends, neighbors, and even family members.

Elders need to know what steps they can take to avoid being victimized, and what they should do when and if it happens to them. This guide was written to show elders what steps they can take in order to get and keep their affairs in order, and what can be done when things go wrong. The emphasis is on prevention and avoidance of problems, with the recognition of the old adage that an ounce of prevention is worth a pound of cure.

WHO WROTE THE GUIDE?

In 1993, the Gerontology Institute at the University of Massachusetts Boston, offered a course of study for holders of the Manning Certificate Program in Gerontology: “How to Avoid Financial Exploitation of Elders.” The students who took the course were older persons who brought a wide variety of life experiences to the class as well as younger students who were degree candidates.

The work assigned to the class involved studying cases that described problems elders face. It also explained how the elderly services system, the legal and Court systems, and, in general, our society responds to elders’ problems. The work project for the course was the writing of this “user friendly” guide to help elders confront the problem of financial exploitation.

HOW IS THE GUIDE ORGANIZED?

The Guide asks and answers questions an elder might pose regarding a real or potential problem. In addition to the question-and-answer format, the Guide describes scenarios and contains sample forms or formats typically used or recommended to help elders keep their affairs in order.

The Guide uses these scenarios or little stories to illustrate problem areas. Following the scenarios, the chapter goes on to ask and answer questions about how “the system” can help with those problems.

The Guide also contains forms and formats which are used to demonstrate the type of documents that the reader may need and can use to keep his or her affairs in order and prevent problems from arising. Please note that the forms are SAMPLES, and should not be used without appropriate guidance and trusted counsel.

WILL THE GUIDE BE A SUBSTITUTE FOR A LAWYER, AN ACCOUNTANT, OR ANY OTHER HELPING PROFESSIONAL?

The Guide was written to give insight into how to deal with problems which we hear about all too frequently in the news media, and to offer helpful suggestions. It is not intended to be used as a substitute for individual counsel and assistance, which everyone is entitled to receive to avoid or resolve personal problems. There is no substitute for a trusted counsel, whose advice is not general but is based on a thorough knowledge of one’s own situation, rather than advice of a general nature.

WHERE CAN THE READER GO TO GET MORE INFORMATION?

At the end of each chapter, there are references to sources containing additional information and to organizations or agencies that may be able to provide counsel or assistance if the reader does not already have counsel. Note that the booklet was prepared for residents of Massachusetts, and that the state laws discussed in the booklet are specific to Massachusetts.

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