Chicago Nursing Home Abuse Lawyer Blog

On Monday, Anthony Marshall, the 85-year-old son of philanthropist Brooke Astor, was sentenced to one to three years in prison for financially defrauding his mentally frail mother. Astor was 105 when she died in 2007. She had Alzheimer’s. Marshall was her only child.

Marshall was convicted of 14 (out of 16) counts for stealing tens of millions of dollars from his mother. Convictions included first-degree larceny and scheming to defraud.

Prosecutors argued that the former ambassador got his mother to change her will and took artwork from her. Meantime, Marshall’s defense team argued that their client had the legal authority to use his mother’s money to give himself presents. They said she was lucid when she revised her will and assigned her estate to him.

It is important to remember that elder financial fraud is also a form of elder abuse. Possible perpetrators of elder financial fraud can include family members, caregivers, friends, business associates, brokers, and investment advisers. Stealing is not just a crime, but it can rob an elderly person, who may no longer be able to work or live alone without assistance, of the resources to retire comfortably and obtain needed nursing attention or private care.

Physical disabilities, illnesses, old age, and impaired mental faculties make elderly people easy targets for elder financial abuse and fraud. Unexplained bank account withdrawals, sudden changes to a will, lots of time spent with a new “best friend,” unusual account activity, and unpaid bills are some possible signs of elder financial abuse.

Our Chicago, Illinois elder abuse lawyers represent clients in Cook County, Will County, Lake County, and DuPage County that are the victims of elder financial fraud, nursing home violence, nursing home neglect, and nursing home abuse.

Brooke Astor's 85-year-old son sentenced to 1-3 years in prison for plundering her fortune, Chicago Tribune, December 21, 2009

Breaking: Astor Trial Concludes; Anthony Marshall Convicted Of Theft, WSJ, October 8, 2009

Related Web Resources:
Financial Abuse, National Committee for the Prevention of Elder Abuse

Elder Abuse and Neglect, Helpguide.org

An Illinois woman was arrested last week for allegedly defrauding an 83-year-old man. Gina Y. Robinson had power of attorney over the man’s financial affairs until his son noticed that his dad never had money, the 38-year-old woman was always issuing checks using his father’s account, and his dad’s two antique autos had been sold on eBay.

Robinson was arrested for forgery, financial exploitation of the elderly, and altering titles. Police say that Robinson allegedly persuaded the 83-year-old victim to make her his beneficiary upon his death. The elderly man told authorities that Robinson got him to makes loans on his homes so she could finance a coffee house, which has yet to open.

Elder Financial Abuse
Elder financial abuse is a serious problem—especially in light of the current recession. Elder financial abuse can consist of financial abuse or exploitation, fiduciary abuse, economic abuse. A financial professional, a family friend, a caregiver, or even a family member can target an elderly person for financial abuse. In many cases, people around the victim do not realize that elder financial abuse is happening. Elder financial abuse is a crime.

Not only is it stealing from someone but it can seriously affect the victim’s ability to retire comfortably and get the care he or she needs.

Some Signs of Possible Elder Financial Abuse:

• Unusual bank activity
• Unexpected changes to wills or property titles
• Suspect credit card activities
• The elderly person never seems to have money
• Missing financial documents
• Unexplained financial transactions

Elder financial abuse can be grounds for a Chicago injury lawsuit.

Woman accused of using power of attorney to rip off elderly man, Galesburg.com, November 2, 2009

Related Web Resources:
Elder Financial Abuse, National Committee for the Prevention of Elder Abuse

Elder Financial Abuse (PDF)

Continue reading "Illinois Woman Arrested for Elder Financial Fraud" »

A jury has convicted Anthony D. Marshall, the son of philanthropist Brooke Astor, of grand larceny for elder financial fraud. Marshall, 85, is accused of stealing tens of millions of dollars from his mother. He faces a maximum 25 years in prison. Astor, who was suffering from Alzheimer’s, died at age 105 in 2007.

Marshall was found guilty of 14 of the 16 counts against him, which included charges for conspiracy, forgery, and fraud. High profile celebrities, such as Barbara Walters, Henry Kissinger, and Annette de la Renta, testified that Marshall had abused his mother and attempted to enlarge his inheritance through her estate.

Elder Financial Abuse
According to a Virginia Tech, Metlife Mature Market Institute, and National Committee for the Prevention of Elder Abuse study, elder financial abuse costs older people about $2.6 billion annually. Elderly women are more susceptible to elder financial abuse than men. However, it is important to note that as with all elder neglect and abuse crimes, many elder financial abuse incidents go unreported.

Unlike physical abuse, which often results in physical injuries as evidence, financial exploitation is not a physical crime. This means that coupled with a victim who is mentally impaired, too weak, or too sick to act as a good witness, elder financial abuse cases can be harder to prosecute in criminal court. Elder abuse experts are hoping the outcome of the Astor-Marshall case will change this.

Elder financial abuse victims can also pursue an elder abuse lawsuit for damages in civil court.

Brooke Astor's Sad Legacy -- Money Changes Everything, Chicago Tribune, October 14, 2009

Brooke Astor’s Son Guilty in Scheme to Defraud Her, NY Times, October 9, 2009

Related Web Resources:
Broken Trust: Elders, Family, and Finances, Metlife.com (PDF)

Financial Abuse, National Committee for the Prevention of Elder Abuse

Continue reading "Elder Financial Abuse?: Brooke Astor’s Son Anthony D. Marshall Convicted of Stealing Millions from His Mother " »

A 73-year-old former nursing home resident is suing the owner of two assisted living facilities for $2.9 million. Daisy Mae Clark filed her elder financial abuse lawsuit earlier this month against nursing home owner Thomas Richard Williams, his wife Doris Williams, and employee Dorothy Pendergrass.

Williams obtained Clark’s power of attorney in November 2004. The 73-year-old woman is accusing him of using her personal checking account to make questionable transactions. Clark’s lawyer says Williams used Clark’s account as his personal account, which he wasn’t supposed to do.

According to the elder financial abuse complaint, Williams illegally mixed his business and personal funds with Clark’s assets. He also allegedly took funds from other nursing home residents’ accounts and deposited them in the elderly woman’s accounts—an illegal action to take under state law.

Clark says some 2,958 violations were made against her. She is seeking a return of the money she paid Williams when she was staying in the nursing home. She also wishes to obtain damages for the mental anguish that his actions have caused her. Her attorney says that Clark was not allowed access to her own account records and the facility kept her “captive” and refused to provide her with her identification when she did leave.

In March 2009, Clark checked her account and noticed all of the activity that had occurred during the last five years. She closed the joint account she shared with Williams and revoked the power of attorney she had given him.

Unfortunately, many people consider elderly nursing home residents easy targets of elder financial abuse. This is not only a violation of a person’s rights, but it can seriously affect the patient’s ability to pay for the resources and services that he or she may need during the later years of life. Many elderly persons spend their lives saving up for their retirement. Elder financial abuse is against the law in Illinois and can be grounds for a civil lawsuit against a Chicago nursing home or another person or entity responsible for committing this crime.

Why Elderly Persons are At Risk of Becoming the Victims of Financial Abuse:

• They have retirement savings.
• They may not know their assets’ value.
• They may be dependent on others to handle their finances.
• Their poor health may make them less likely to press criminal charges.
• They may not be aware that they are the victims of financial abuse.

Floyd County woman sues nursing home owner for $2.9 million, RomeNews-Tribune.com, July 14, 2009

Financial Abuse, National Committee for the Prevention of Elder Abuse

Related Web Resources:
Helpguide.org

As recession grinds on, financial abuse of elders takes a growing toll, Boston.com, July 16, 2009

Continue reading "Woman Files $2.9 Million Elder Financial Abuse Lawsuit Against Nursing Home Owner" »

Three women were placed in jail earlier this month after they were accused of committing elder abuse. The defendants are 70-year-old Minni Lee Jeff, 64-year-old Maudeine Mayer, and 37-year-old Angela Townsend.

Jeff is accused of forcing Elija Earl, a 78-year-old man, to live in a shed in her yard. The shed had no plumbing. Jeff was Earl’s caregiver and had been given power of attorney to care for him. She allegedly committed financial elder abuse, spending the majority of the $160,000 he received from a 2005 train accident and placing the remaining funds in her account. Very little of the settlement is believed to have gone toward Earl’s care.

The elder abuse incidents involving Earl reportedly go back a few years when, after the train derailment, Jeff took charge of Earl’s care. The Department of Social Services discovered that Jeff was residing in the shed and moved him to a nursing home. In 2007, Jeff took over Earl's care once more. That was the year that Earl received his train accident settlement.

Earl’s elder abuse case came to light again this year when investigators demanded that Jeff account for Earl's money. A judge sent her to jail earlier this month when she was unable to provide the requested information about her finances.

Police went to retrieve Earl and place him in protective custody but Mayer, who is Jeff’s sister, and Townsend, who is Mayer’s daughter, had taken him with them. They claimed they had just gone out for ice cream but did not bring him to police even though they said they would. They refused to answer the deputies’ phone calls.

Earl was finally placed in protective custody after the women met with investigators and police took them in. Both women are charged with obstruction.

Financial abuse is another form of caregiver abuse that could lead to criminal charges against the person committing the abuse, as well as compel the victim’s family to file a Chicago elder abuse lawsuit.

Some Examples of Financial Abuse:
• Using someone else’s name to obtain a credit card.
• Abusing a power of attorney to take money out of someone’s bank account.
• Pressuring someone to give gifts and money in exchange for services, companionship, or care.
• Taking advantage of someone who isn’t able to make decisions and getting them to give money or make purchases.

Women charged in elder abuse, Aikenstandard.com, May 14, 2009

Related Web Resources:
Elder Financial Abuse, CentralCalLegal.org

Illinois Department on Aging

Continue reading "Three Women Charged with Financially Abusing Senior Who Was Made to Live in Shack without Plumbing" »

Up to one million elderly people in the United States are the victims of financial abuse each year, and this crime may be costing them over $2.6 billion annually. The figures are included in a new Metlife Mature Market Institute (MMI) report called Broken Trust: Elders, Family, and Finances that was produced with the cooperation of the National Committee for the Prevention of Elder Abuse and the Virginia Polytechnic Institute and State University.

The report says that for every reported case of financial elder abuse, there are likely four more cases that are not reported. In more than half the cases, the perpetrators are caregivers and family members. Investment fraud scams are also a common culprit of elder financial abuse.

Among the facts included in the study:
• A typical victim elder financial fraud victim is 70 to 89 years of age, Caucasian, female, physically frail, and cognitively impaired.
• In financial elder abuse cases involving child culprits, sons are 2.5 times as likely as daughter to commit this crime.
• A victim of financial elder abuse may become depressed, experience health issues, develop credit problems, and experience loss of his or her independence.

Signs a person may be a victim of elder financial abuse include:
• Appears afraid of his or her caregiver
• Disheveled appearance
• Isolated from family and friends
• Has developed new “best” friends
• Is worried about finances
• Missing belongings
• Behavior or personality changes
• Unpaid bills
• Significant decrease in account balances

Elder financial abuse has also become a problem for nursing home residents who may find themselves suddenly exploited by nursing workers. Just as your loved one is likely entitled to personal injury compensation if he or she was the victim of nursing home abuse or neglect, damages may also be sought against a nursing home worker or caregiver who is the perpetrator of elder financial abuse.

Financial Abuse Costs Elders More Than $2.6 Billion Annually, According to MetLife Mature Market Institute Study, Though Four in Five Cases Are Not Reported, BusinessWire.com, March 17, 2009

Related Web Resources:
MetLife

National Committee for Prevention of Elder Abuse

Elder Abuse, HelpGuide.org

Continue reading "Elder Financial Abuse Costs Victims Over $2.6 Billion a Year, Says Report" »