After Brooke Astor’s son, Anthony D. Marshall, was convicted of exploiting and defrauding his mother, we asked our viewers on the ElderLawAnswers site whether they felt he should serve jail time by being sent to jail. By a three-quarters vote, they say “yes,” he should go to jail.
The tally continues, so if you’d like your vote to be counted on this issue, click here.
The conviction of Anthony D. Marshall for the financial exploitation of his mother, Brooke Astor, as her physical and mental health declined in her late years puts in sharp relief what is often unclear when elder abuse is claimed against family members. What’s a gift, what’s payment for services, what’s theft, and what’s undue influence are often difficult to determine in the murky world of family relationships.
As a result, it can be difficult for prosecutors and others to decide for certain that financial or physical elder abuse has occurred and to bring charges against the accused family members. The result is that few cases are brought in these situations.
The Astor case demonstrates that prosecutions for elder abuse are not impossible and may encourage more prosecutors around the nation to bring similar actions. This should serve as a warning and, we hope, a deterrent to those who may take advantage of their older family members.
It also means that those who are caring for family members should make sure that they are not wrongly accused of elder abuse. If they are to receive payment, gifts or an inheritance in exchange for the care they provide, this must be documented. It is better that it be documented by an independent attorney and that all family members are aware of the arrangement so no disgruntled heirs come forward and make trouble in the future.
To read more about the Astor decision, click here.
New Jersey elder law attorney Donald D. Vanarelli in his blog describes a recently decided case that highlights the need for special needs trusts. Public benefits programs, unfortunately, are limited in what they provide and can force beneficiaries to attempt to jump countless hurdles if they need anything out of the ordinary.
In Pichardo v. N.J. Department of Human Services, Julia Pichardo appealed the state’s decision not to repair or replace her computer which it had previously provided through New Jersey’s Traumatic Brain Injury Fund. The fund has a one computer per lifetime policy.
In this case, the court upholds the state’s policy, meaning that Ms. Pichardo must somehow come up with the funds to repair or replace her computer herself. As Attorney Vanarelli points out, a special needs trust could be a source of such funds — without adminisistrative and court appeals — if Ms. Pichardo had such a trust.