BackExploitation and a Loss of Voice
Article submitted by Mr. Kapsak, a principal of The Kapsak Law Firm, LLC, Longmont, Colorado.
For more information, he can be reached at 303-651-9330 or by e-mail: dkapsak@kapsaklaw.com.
Exploitation – and a loss of voice–within the elder community is a growing problem. A we grow older it seems more and more people try to tell us how to live our lives (and where to live our lives!), what decisions to make, who to see (or not see!), what to do with our savings and our home. More and more we hear of a parent's bank accounts and stock funds emptied without knowledge or approval, individuals kept virtual prisoners in the home with no chance of seeing friends or others, children serving as agents taking over parents' lives without considering the parents' wishes or desires.
Resources are available to protect us and combat this problem! The first line of defense is ourselves! So often we think we are to blame, we are embarrassed by our situation, we are convinced that nothing can be done, we don't want to air our dirty laundry in public. Rather than stand by and allow these things to happen, stand up! We deserve to live our lives in peace and with dignity without exploitation.
Adult Protective Services is just a telephone call away. APS investigators are trained to understand the ways families act, both lovingly and otherwise. They have the resources of the state behind them to provide assistance, protection, and guidance.
Our doctor or other health care provider can typically see through our explaining away bruises or breaks as accidents or mis-steps on stairs or rugs. They can refer us to appropriate authorities to insure these "accidents" will not continue to occur.
The Legal Community is well-equipped to assist us: powers of attorney, guardianships, conservatorships, and the like are all tools available to us to protect our wishes and dignity in the event our voices grow dim; wills and trusts insure our love is passed on in material ways; and our attorney can refer us to other professionals to assist us in keeping our voice heard and our dignity honored.
Editor's Note: Mr. Kapsak's practice is devoted to all aspects of estate planning, with a special emphasis in elder law and ethics matters. He is a member of the Boulder County Bar Association, the Colorado and Nebraska State Bars, and the American Bar Association. Mr. Kapsak is a member of the Boulder County Estate Planning Council as well as the Tax, Probate and Trust Sections of the Colorado and Boulder Bar Associations. He serves on the Ethics Committee for Longmont United Hospital, and is a member of the National Academy of Elder Law Attorneys (NAELA), The American Society of Law, Medicine and Ethics, and the Colorado Health Ethics Forum.