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Elder abuse often tough to spot

Elder abuse often tough to spot

December 31, 2007


The often-subtle signs of elder abuse make it a tricky problem to diagnose, Toronto litigator Matthew Urback tells AdvocateDaily.com.


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Urback, an associate with Shibley Righton LLP, says he expects financial mistreatment of older individuals to peak in the coming years as an increasing proportion of the population falls into the over-65 category and we continue the biggest wealth transfer in history between those in the Baby Boomer generation and their beneficiaries.


“The difficulty with financial elder abuse is that the signs aren't, on their own, demonstrative. Each potential sign is really just a hint and in some of those situations, the conduct could be completely innocent,” he explains. “In other situations, there may be more going on, which makes it very challenging to spot.”


Still, he urges family members of older individuals to keep their eyes peeled because of the potentially devastating consequences of elder abuse.


“Each case will be unique, but there could be a loss of money and other property, as well as damage to relationships,” Urback says. “It’s important to be aware of some of the red flags. Then if you do see something, it may be appropriate to look a little closer or act from there.


“That will require you to peel back the layers and look at what’s really happening. It might seem innocuous and in many cases, it will be, but it can also be something more nefarious,” he adds.


Urback says the first step for people to effectively keep their guard up against elder abuse is to rid themselves of popular misconceptions about who perpetrates it.


“People tend to think of a stranger who comes in, defrauds the senior and then disappears, but that is actually less common,” he says. “The more common scenario is that a person already close to the individual, such as a family member or caregiver, gradually gets even closer and exerts that influence to enrich themselves to the detriment of the elder person.”


According to Urback, family and friends should be suspicious if they notice significant changes in behaviour on the part of an elderly or vulnerable person.


“That could include a change to their powers of attorney, or unusual withdrawals or uses of money,” he says.


“Another sign is a high degree of closeness between the perpetrator and the individual, to the exclusion of others — especially if the people who are cut out are ones the elder individual would normally care about.”


The situation can become more complicated the longer a suspected abuser has to exert influence over the victim.


“It’s difficult when it reaches a stage that the people who were closest to the elder individual no longer have an avenue in to see and communicate with them,” Urback says.

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About Shibley Righton

Shibley Righton LLP is a mid-sized Ontario law firm with lawyers in three offices (Toronto, Windsor, and Hamilton area). We offer a full range of services in litigation and dispute resolution, business law including corporate governance, finance and mergers and acquisitions, estate planning, real estate, labour and employment and a number of other practice areas. Shibley Righton has the largest condominium law group in Canada, offering a full range of services to condominium corporations including corporate governance, enforcement, contract review and litigation services.  Clients rely on Shibley Righton’s team of lawyers and professional staff to provide exceptional services in a practical, cost effective and timely manner.

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