Elder Abuse and Exploitation
Unfortunately, elder exploitation and abuse does happen and it is often difficult to recognize the wrongdoer. Sometimes, they may appear to be a trusted family member, concerned neighbor, friendly public service worker, or even a friend from church. Their financial motivations, however, are usually clear. At DDV Law, Ltd. we work towards protecting our clients against financial exploitation and abuse. We have experience in sensitively handling various types of cases including cases involving: wrongdoing by power of attorney agent and embezzlement.
When the Power of Attorney Agents Abuse Your Trust:
Although most power of attorney agents perform their duties with the best interest of their principals in mind, occasionally, an agent will misuse their authority for their own benefit.
If you or a loved one have been victimized by your power of attorney agent, we may be able to assist you. Our expert and specialist attorneys are only a phone call away. Please, do not suffer in silence; let us get you the help you deserve.
When Those You Trust Let You Down:
As we grow older, we sometimes become more vulnerable. Even so, we never expect to be exploited by the people on whom we depend, but sadly, this does happen. Shockingly, family members, close friends and financial advisers have sometimes been known to abuse the trust of an elderly person. Even nursing homes have sometimes taken measures to exploit the elderly and their families.
If you believe that you or a loved one has been the victim of elder abuse or exploitation, we may be able to help you. Our trustworthy, friendly and understanding attorneys are here to provide the support and assistance you need, so please do not be afraid to make that call; it could change your life.
Nursing Home Lawsuits Against Family Members to Enforce “Responsible Party” Language:
Sometimes, despite the fact that all of the elders assets have been paid to the nursing home for their care, a nursing home may attempt to sue a family member who signed their contract as a ” responsible party “. The best defense against such lawsuits is simply not to sign as a responsible party in the first place, because it is illegal for a nursing home to require you to do so. However, if the contract has already been signed, and the loss should has already been filed, we may be able to help you.
Contested Guardianship:
The guardianship process is designed to protect disabled and incompetent persons and their estates from abuse, neglect, and exploitation. Frequently, a person is so obviously disabled (such as a person in a coma) that there is little question that a guardianship is appropriate. Sometimes, however, the necessity of guardianship is not obvious, and the alleged disabled person does not wish to have a guardian. In such situations, it must be proven by clear and convincing evidence that a guardianship is warranted.
If you are, or maybe involved in a contested guardianship case, we may be able to help you.
Contested Estates:
Most decedent’s estates are administered without any contested issues. Sometimes, however, contested issues may arise. A decedent’s will may have been the result of undue influence, or may never have been executed by the decedent at all. And an executor may fail to properly administer the estate. The distribution of the decedents assets may not be fair. A creditor’s claim may not be legitimate. Sometimes it is unclear which assets are properly included in the decedent’s probate estate.
If you are involved in a contested probate estate, we may be able to help.
Our Practices
Guardianship
The position of being legally responsible for the care of someone who is unable to manage their own affairs
Medicaid Assistance
Medicaid planning consists of selecting the best care, ensuring quality of life and protecting the assets for the elder
Elder Abuse And Exploitation
We have extensive experience in sensitively handling various types of abuse and exploitation cases
Living Trusts
Living Trusts have several advantages over Wills, like avoiding probate and guardianship, maintaining liquidity,
Nursing Home Contracts
Contracts can be confusing and some nursing homes even request illegal or unfair conditions
Probate
Probate is the process by which the Probate Court identifies a decedent’s heirs and determines the validity
Special Needs Planning
Special needs planning involves planning for a child or adult with disabilities to ensure eligibility for