Is Your Sibling Taking Undue Advantage Of Your Elderly Parent?

When you are a child, your parents are there to take care of you and do what is in your best interest to keep you healthy and safe. However, with age comes independence, and as you mature and become a responsible adult you will go out on your own without your parents managing your day-to-day affairs. As you live your life, your parents continue to age. Older age can make individuals become more dependent on others for help with increasingly difficult daily tasks and decisions. In some cases, having a trusted family member assist an aging parent may be a blessing, but in others that is not so. A family member may have an advantage and use it to their own interest by capitalizing on their parents financially. If a sibling is taking advantage of an elderly parent, there are things that others in the family can do to respond. For assistance and legal support, please consider connecting with the estate planning attorneys at Fleurinord Law, PLLC by calling (888) 904-2297.

Family Discord and Parental Relationships With Children

In a perfect world, all siblings would be considerate of each other and their parents. However, in reality, some family members may be more interested in serving their own interests, even if it comes at the expense of others. When one or more siblings are noticing signs that their parents are being exploited this can cause great resentment and anger.

Tensions between siblings can become intense and great discord can follow in such a situation. However, when there are issues that include financial abuse to a trusting elderly person, legal actions can be taken to try and remedy the situation.

Signs That Financial Abuse May Be Taking Place

One sibling may see another sibling obtaining some type of financial advantage that is perceived as unfair. Circumstances may exist between a parent and one of their children that other siblings think are undeserved. These situations do not necessarily mean that financial abuse is happening. However, in other situations, financial abuse may absolutely be taking place.

The following red flags can indicate that a sibling is taking advantage of an elderly parent:

• An elderly parent’s bank account and savings are being drained without their knowledge or permission.
• A sibling is constantly trying to make their parent have pity on them to receive money.
• A sibling is forging a parent’s signature to fraudulently sign various financial documents.
• A sibling takes a parent’s personal information and uses it to open up lines of credit.
• A sibling places pressure on their parent so that they agree to change estate planning documents.
• Noticing that valuable assets are regularly going missing in a parent’s house.

Understanding Undue Influence

The elderly population is a common group that unfortunately is often subjected to a considerable amount of fraud and abuse. According to the National Institute on Aging (NIA), elder abuse can take many forms such as sexual, physical, emotional, neglect, abandonment, and financial.

Older individuals who can be intimidated more easily, or who may be suffering from chronic conditions that prohibit them from making sound decisions, make for easier targets. In certain cases, it can be challenging for the parent to see the truth. Siblings, though, may be able to see things more clearly and have a better understanding of times where “undue influence is present.” The National Center on Law & Elder Rights explains that undue influence happens when one party uses its position and influence to exploit another party and take over decision-making control.

What To Do When a Parent Is The Victim Of Financial Abuse By a Sibling

It can be disheartening to learn that a sibling is behaving dishonestly and manipulating a parent for financial gain. Addressing a situation like this is essential to protect one’s parents from further harm being done to them.

Collect Relevant Evidence of Financial Abuse

Without proof to show that financial abuse is happening, it can be hard to start a conversation or confront a sibling suspected of engaging in such actions. Make sure to attempt to collect any relevant evidence of financial abuse.

Consider Taking Over Guardianship

If a parent does indeed, have some type of disability that prevents them from being able to manage their own affairs, a case can be made that a legal guardian should be appointed. It is possible to petition the courts to request that you be their guardian.

Medical Power of Attorney

A medical power of attorney is a legal document where a person can name another trusted individual to take on the responsibilities of making medical decisions on their behalf when they are no longer able to do so on their own. Consider whether or not your parent needs a medical power of attorney appointed for them.

Financial Power of Attorney

Financial power of attorney is a legal document where a person can name someone to manage their personal financial affairs when they are no longer able to do so on their own. Also consider whether or not your parent may need a financial power of attorney appointed for them.

Connect With a Legal Professional

An estate planning attorney can be a helpful resource to obtain comprehensive information regarding what can be done to safeguard and assist with an elderly parent’s financial affairs. The Florida and Texas estate planning attorneys at Fleurinord Law, PLLC can help answer your questions and ensure your family’s legal and financial rights are protected.

Consider Visiting with an Experienced Estate Planning Attorney To Learn More

When a sibling is taking advantage of an elderly parent, several things may need to be done in response to ensure that your parents’ legal and financial rights are safeguarded. The compassionate and experienced estate planning attorneys at Fleurinord Law, PLLC can discuss what estate planning techniques could be beneficial to protect your parent’s financial interests. Please consider calling (888) 904-2297 today to schedule a free discovery call.