Resources For Professionals

Yes.Training insures that the interviews are conducted reliably and effectively to produce the most accurate results. Our trainings are designed to be easy to follow while insuring mastery of the interview skills.

Influence or coercion by someone who intentionally uses his or her role and power to deceive and exploit the trust, dependency, and fear of another and gain decision-making control. The influencer uses various techniques or manipulations over time to gain power and compliance. These can be so subtle that the victim doesn’t realize he or she is being manipulated. Many cases of financial exploitation result from undue influence.

Some common signs are:

1. Significant gifts to people like caregivers, service providers, and acquaintances outside the usual sphere of the older adult’s love and commitment.
2. Gifts to anyone that are so large they threaten the older adult’s economic security.
3. Loans, particularly if undocumented, to anyone.
4. The older adult’s fiduciary (such as an attorney or trustee) making decisions that reflect poor judgment or conflict of interest.
5. Estate planning documents naming non-family members as fiduciaries or beneficiaries.
6. Joint accounts with non-family members.
7. Checks prepared by others but signed by the older adult.
8. Bequests or other arrangements favoring one child, particularly if that child lives with the older adult.
9. Large discrepancies between the older adult’s understanding of his or her estate and its true value
10. Excessive fees charged by professional finance managers such as trustees, attorneys, financial advisors and stockbrokers.

A conservator is a person (family member, friend, or paid professional), agency or institution appointed by the court to make financial decisions for someone a judge has determined is unable to make such decisions.

A guardian is a person (family, friend, or paid professional), agency, or institution appointed by the court to make personal decisions for another. Unlike a conservator, a guardian’s authority is often limited by statutes and can also be limited by the judge to specific tasks or decisions based on the retained capacities of the person.

A power of attorney is a legal instrument used to delegate authority to another. The person who signs a power of attorney is called the “principal,” and the person to granted the authority is delegated is the “agent.” A “durable” power of attorney enables the agent to act for the principal even after the principal loses capacity to make decisions, and is effective until revoked by the principal or until the principal’s death. A durable power of attorney generally refers to financial decisions and can be an effective alternative to guardianship, allowing an individual to plan for the control of his or her affairs in the event of incapacity.

The law starts with an assumption of capacity, which refers to decision making regarding a number of financial tasks, such as general financial management of assets and debts, writing checks, paying bills, knowing and using currency and coins, making contracts and writing wills. Financially incapacity means a person is unable to manage their financial resources. This can be the result of a number of conditions including mental illness, dementia, drug use, physical illness and disability. Determination of incapacity is complex. Psychological evaluations, medical reviews, as well as legal standards (that vary from state-to-state) are used in the determination.