California Elder Law Attorney Blog

15 Red Flags of Fiduciary Abuse, Exploitation, Neglect, and Misappropriation
1. Protected person has no relatives or active friendships
2. Large estates
3. Late or no accountings filed
4. Multiple ATM transactions
5. Health or personal problems of the fiduciary
6. Use of several attorneys by the fiduciary
7. Attorneys representing the fiduciary withdrawing from the fiduciary's cases
8. Singular control of information by the fiduciary
9. No automated record keeping by the fiduciary
10. Financial difficulty of the fiduciary (tax liens, judgments, bankruptcy, divorce)
11. Revocation or failure to renew fiduciary bonds
12. Large expenditures in the accounting not appropriate to the client's setting
13. The fiduciary has minimal experience
14. Pattern of letters and verbal complaints against the fiduciary
15. Lack of oversight on the case by Counsel assigned or Court staff

Continue reading "15 Red Flags Constituting Fiduciary Abuse of the Elderly" »

What is Fiduciary Abuse:
This is a situation by which an individual who is legally responsible for managing another persons assets uses his or her power to benefit financially in an unethical or illegal manner. Fiduciary abuse can be done by anyone such as a financial advisor, power of attorney, or family member.

A Growing Problem:
Many times the elderly have a difficult time managing their money, and so they are dependent on others for help. This is when that unscrupulous individuals step in and make attempts to obtain monies from property, land, goods and bank accounts.

Who are the Usual Abusers:

Personal Caretaker:
A surprisingly large number of cases of financial abuse occur between an older person and their caretaker. This can include guardian or family members who start out doing the right thing, but are in a strong position only to commit financial abuse because of the temptation. One way this happens is by gaining the confidence of the victim slowly the guardian of the person begins to take control of the victims possessions. Another way is through the use coercion. This is when an individual is forced to sign over land, property or access to bank accounts because of threat or feeling intimidated. Guardians can also manipulate the "authority" and the layout of the will.

Family member:
Another way this occurs is when a loved one is being cared for by a family member who takes advantage of the situation. This can happen several ways. One, the elder person is placed in a long term care facility and the family member continues to take the SSI check and spend it for their own bills. The SSI money is suppose to be spent of the care of the elder person not on the caretakers bills. Two, the caretaker charges the elder for there care and is also being paid by in-home support services. This also falls under fraud and should be reported to Medi-cal/Medicaide.

Long Term Care Facilities:
Many people are concerned about the quality of care for their relatives in nursing homes. They often forget to keep a watchful eye on the monetary portion of their loved ones care. The family must always make sure the charges for the level of care are correct. If the products and services account shows what you believe has not been provided then it is important for the family to discuss this with the Business Office Manager first then with the Administrator.

Deceivers:
Deceivers come in many shapes and sizes and from all over the world. The elderly have a higher probability of being scammed because of the constant evolution of technology and the potential diminished mental capacity. Phone scams often target older people who the scammers think they can manipulate and at times scare them .

One indicator may be an increased number if checks being used or excessive amounts of money being sent to an unknown person or entity. Always follow up with your loved ones in these financial decisions and keep a watchful eye on their finances when possible.

What Can Be Done:
If there is suspected financial abuse there are several things that can be done to stop it, protect your loved one and to prevent it from happening to others.

First, report it. It must be reported to the local authorities. Many of the law enforcement agencies these days have special units dedicated to fiduciary abuse. If they don't still request an officer to come out and take a report. You will need the report number when contacting the bank. Also, report it to APS (Adult Protective Services).

Second, assist the victim in contacting the bank. The bank will guide you through the process. Often the account is frozen or closed and moved to an new account. This will also help the victim recover some of the monies in some cases.

If the elder person is in a long term care facility report the situation to the Ombudsman, State Licensing and APS. Also, make sure the facility is aware. They must conduct their own investigation and follow-up. Often times the facility is the first to become aware of the situation and will take the initiative in starting the investigation and reporting it to the agencies.

One main thing to remember is to document everything you can. The documentation of all the agencies that have been contacted with the person's name you spoke to, the date and time are extremely crucial. It may help prevent the investigation from falling through the cracks.

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Continue reading "What Is Considered Fiduciary Elder Abuse?" »

What is financial abuse?
financial abuse is a different kind of abuse that the individual applies to the illegal diversion, theft or misappropriation of funds or property of the old one.

Often the elderly have a difficult time managing their resources, and so dependent on others for help. It 'at this time that unscrupulous individuals make attempts to obtain from in property, land, goods and money lawDeception, intimidation, etc.

Who could provide financial abuse of your loved ones?
To determine if your loved one is being abused financially, we must first clarify who could potentially lead to abuse. Violators were removed by family members near continents scammers reach.

Personal Concierge
A surprisingly large number of cases of financial abuse occur between an older person and their personal concierge., Often relatives or guardian family members are in a strong position only to commit financial abuse.

With the confidence of the victim in his hand, slowly possessions guardian of the person to steal home. You can also use coercion for individuals older to sign over land, property or access to bank accounts. Guardians can also manipulate the "authority" and the layout of the will.

A personal concierge can be abusiveserious problem, because it seems that the insiders of all issues in connection with your loved ones.

structured services (eg nursing homes)
Many people are concerned about the quality of care for their relatives in nursing homes (so should be maintained). However, one thing to do, some people forget to keep a watchful eye on how the nursing home fees and assume all of the finances of the elderly.

Always make sure the level of costs for comparisonLevel of care and attention. If the products and services account shows that you believe has never been carried out / why is it important to follow with the administrators of the case.

It 'also important that any new "best friends" can be developed to monitor your loved ones at home, particularly in relation to staff. If your loved one begins to add in these individuals or their willingness to buy extravagant things for them, could very easily a case of conning tower, intimidation or'Sweet Heart scams.

Deceiver
Cheaters come in all shapes and sizes and from all over the world. The elderly are more prone to it by the constant evolution of technology and the potential loss of acute mental-ness.

Some of the more crucial in telemarketing swindlers come. Phone scams often target older people who think they can frighten or force. Be sure to send a strong increase in checks for a review of unusual or excessiveAmount is sent to an unknown person / position. Always follow up with your loved ones in these financial decisions and keep a watchful eye on everything that seems real, dishonest, or even well-being.

The elderly are also vulnerable to infiltrate the credit card and account hijacking. It may be difficult for anyone to ensure their identity and numbers, and the elderly often have difficulty keeping pace with technology, accounts, phone numbers, etc.

The action in cases of abuse is discovered
If you do, meaning greetings to your loved ones, do not hesitate to act. Collect as much information and documents can be done about the abuse. Find a local attorney in your area that specializes in these types of cases and do your best to stay one step ahead of fraudsters.

Continue reading "What is Financial Elder Abuse?" »

Ninety - three years old Bettina D was rushed to the Emergency Department of a local hospital. Upon examination, the patient was suffering from pneumoniia, acute hypertension, malnutrition, dehydration, and bedsores which indicates substandard care..

Aggressive medical intervention returned the patient's soaring blood pressure to a normal range, but her caregiver, an adult offspring, demanded Bettina's immediate discharge from the hospital. The patient was returned to her own home and continued to receive minimal medical and physical care from her fiduciary. Bettina D is a victim of elder abuse.

What is Senior Abuse?

According to the World Health Organization, "abuse of older adults may be a single, or repeated acts or lack of appropriate action occurring with any relationship where there is an expectation of trust which causes harm or distress to an older person". It constitutes emotional, financial exploitation, neglect or abandonment, physical, and sexual abuse.

Motivations Behind Elder Abuse

There are many driving forces that causes this type of offense. They include the following elements:

•perpetrator's own financial problems. The desire of the caregiver to resolve this dilemma and easy access to the victim's funds or assets often leads to financial exploitation.
•the fiduciary stands to inherit the victim's assets and feel justified in taking an advance on a forthcoming legacy, or controlling assets that are believed to be almost rightfully the perpetrator's own. If the caregiver is an heir, this person may surmise that advanced steps are needed to prevent the exhaustion of their inheritance through medical or other expenditures needed by the victim.

Continue reading "Elder Abuse Motivations" »

As the number and percentage of individuals 65 and over has increased in this country, so has the incidence of elder abuse. Unfortunately, the prevalence and nature of this growing problem has generally remained hidden from public view. It is imperative that both professionals and lay persons become more aware of the scope and many issues surrounding this sensitive topic. This Blog is designed to address many of the concerns surrounding elder abuse ranging from information concerning the incidence of abuse to a discussion of intervention strategies. It is essential that the incidence of abuse and awareness of the range and breadth of various types of abuse be discussed and understood. However, an awareness of the problem of elder abuse is not enough. Therefore, issues surrounding detection of abuse and strategies for prevention and intervention will also be addressed.

Types of Abuse:

Passive and Active Neglect: With passive and active neglect the caregiver fails to meet the physical, social, and/or emotional needs of the older person. The difference between active and passive neglect lies in the intent of the caregiver. With active neglect, the caregiver intentionally fails to meet his/her obligations towards the older person. With passive neglect, the failure is unintentional; often the result of caregiver overload or lack of information concerning appropriate caregiving strategies.

Physical Abuse: Physical abuse consists of an intentional infliction of physical harm of an older person. The abuse can range from slapping an older adult to beatings to excessive forms of physical restraint (e.g. chaining).

Material/Financial Abuse: Material and financial abuse consists of the misuse, misappropriation, and/or exploitation of an older adults material (e.g. possessions, property) and/or monetary assets.

Psychological Abuse: Psychological or emotional abuse consists of the intentional infliction of mental harm and/or psychological distress upon the older adult. The abuse can range for insults and verbal assaults to threats of physical harm or isolation.

Sexual Abuse: Sexual abuse consists of any sexual activity for which the older person does not consent or is incapable of giving consent. The sexual activity can range from exhibitionism to fondling to oral, anal, or vaginal intercourse.

Violations of Basic Rights: Violations of basic rights is often concomitant with psychological abuse and consists of depriving the older person of the basic rights that are protected under state and federal law ranging from the right of privacy to freedom of religion.

Self Neglect: The older person fails to meet their own physical, psychological, and/or social needs.

Evidence that personal care is lacking or neglected
Signs of malnourishment (e.g. sunken eyes, loss of weight)
Chronic health problems both physical and/or psychiatric
Dehydration (extreme thirst)
Pressure sores (bed sores)
Physical Abuse: Overt signs of physical trauma (e.g. scratches, bruises, cuts, burns, punctures, choke marks)
Signs of restraint trauma (e.g. rope burns, gag marks, welts)
Injury - particularly if repeated (e.g. sprains, fractures, detached retina, dislocation, paralysis)
Additional physical indicators - hypothermia, abnormal chemistry values, pain upon being touched
Repeated "unexplained" injuries
Inconsistent explanations of the injuries
A physical examination reveals that the older person has injuries which the caregiver has failed to disclose
A history of doctor or emergency room "shopping"
Repeated time lags between the time of any "injury or fall" and medical treatment

Material or Financial Abuse
Unusual banking activity (e.g. large withdrawals during a brief period of time, switching of accounts from one bank to another, ATM activity by a homebound elder)
Bank statements (credit card statements, etc.) no longer come to the older adult
Documents are being drawn up for the elder to sign but the elder can not explain or understand the purpose of the papers
The elders living situation is not commensurate with the size of the elder's estate (e.g. lack of new clothing or amenities, unpaid bills)
The caregiver only expresses concern regarding the financial status of the older person and does not ask questions or express concern regarding the physical and/or mental health status of the elder
Personal belongings such as jewelry, art, furs are missing
Signatures on checks and other documents do not match the signature of the older person
Recent acquaintances, housekeepers, "care" providers, etc. declare undying affection for the older person and isolate the elder from long-term friends or family
Recent acquaintances, housekeeper, caregiver, etc. make promises of lifelong care in exchange for deeding all property and/or assigning all assets over to the acquaintance, caregiver, etc.

Psychological Abuse: Psychological Signs: Ambivalence, deference, passivity, shame
Anxiety (mild to severe) Depression, hopelessness, helplessness, thoughts of suicide
Confusion, disorientation

Behavioral Signs:
Trembling, clinging, cowering, lack of eye contact
Evasiveness
Agitation
Hypervigilance
Sexual Abuse:Trauma to the genital area (e.g. bruises)
Venereal disease
Infections/unusual discharge or smell
Indicators common to psychological abuse may be concomitant with sexual abuse
Violation of basic rights

Caregiver withholds or reads the elder's mail
Caregiver intentionally obstructs the older person1s religious observances (e.g. dietary restrictions, holiday participation, visits by minister/priest/rabbi etc.)
Caregiver has removed all doors from the older adult's rooms.
As violation of basic rights is often concomitant with psychological abuse the indicators of basic rights violations are similar indicators as those for psychological abuse.
Self Neglect - to be discussed in greater depth below.

Additional Indicators of Abuse or Neglect

Elder is not given the opportunity to speak without the caregiver being present.
Caregiver exhibits high levels of indifference or anger towards the older adult
Overmedication or oversedation.

Continue reading "It Is Imperative and Essential That The Incidences of Elder Abuse and Neglect Be Discussed and Understood" »

In this appeal, we are asked to determine whether the attorney fees provision of the Elder Abuse Act (Welf. & Inst. Code, § 15657.5)[ 2 ] authorizes the award of trustee fees as costs. We hold that it does not.

Lawrence I. Schwartz as trustee of the Lawson Family Trust (the Trust), and Lionel B. Sanders as conservator of the estates of Louis and Sylvia Lawson brought an action under the Elder Abuse Act (§ 15600 et seq.)

[ 164 Cal.App.4th 434, 437 ]

against Cheryl Lawson, a beneficiary.[ 3 ] The lawsuit stemmed from the manner in which Cheryl had obtained her elderly parents' signatures on a quitclaim deed that transferred an undivided one-half interest in a residence in Santa Barbara to her. Cheryl appeals from the judgment entered against her and from the subsequent award of costs and fees to the trustee and plaintiffs' attorneys. We reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND
The facts are essentially undisputed. Cheryl is one of three children of Louis W. and Sylvia Lawson, now deceased.[ 4 ] Sanders was the courtappointed conservator of the estates of both Louis and Sylvia. Schwartz was the successor trustee of the Trust dated November 10, 1995, and amended and restated in January 2003.[ 5 ]

The Lawsons acquired the Santa Barbara residence (the Santa Barbara property) in 1990. Cheryl on the one hand, and her parents on the other, each held an undivided one-half interest in that property. Title to the senior Lawsons' one-half interest was held by the Trust as of October 2002.

In May 2003, Louis and Sylvia conveyed their interest in the Santa Barbara property to Cheryl by quitclaim deed. Cheryl then filed a quiet title action in Santa Barbara naming as a defendant, the trustee.

While the quiet title action was pending, in June 2004, plaintiffs filed the instant action in Los Angeles County against Cheryl seeking damages for elder abuse and breach of fiduciary duty arising out of the events leading to Louis and Sylvia's transfer of their interest in the Santa Barbara property to Cheryl. The gravamen of the complaint was that Cheryl acquired the property through undue influence and elder abuse in that she pressured, forced, and coerced Sylvia and Louis, during unwelcome telephone calls and visits, to sign the quitclaim deed.

At the close of the bench trial, the court found in favor of plaintiffs and adopted their 37-page statement of decision. The court awarded damages as follows: (1) $583,769.83 to the trustee for Cheryl's financial abuse (comprised of $512,500, which was the senior Lawsons' one-half interest in the

[ 164 Cal.App.4th 434, 438 ]

property, plus $65,000 in rental income from the Santa Barbara property, plus interest); and (2) $100,000 to the conservator for Cheryl's elder abuse (comprised of $50,000 each for Sylvia and Louis). It also ordered Cheryl to pay attorney fees, and trustee and conservator fees as costs, but left the amount to later determination. After the trial court denied Cheryl's motion for new trial, Cheryl filed her notice of appeal.

Plaintiffs then filed their motion for fees and costs. After referring the matter to a referee, the trial court accepted the dollar amounts only from the referee's recommendations and awarded the conservator $11,896.50; the trustee $517,869.93; and the attorneys $1,077,579.08. Additional facts will be delineated below.

DISCUSSION
1.-3.a.[ 6 ]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. The trial court's award of trustee fees was unauthorized.
Cheryl contends that the attorney fees provision in the Elder Abuse Act, section 15657.5, does not authorize the award of compensation to a trustee and so the $517,869.93 awarded to the trustee here was legal error. The relevant sentence in section 15657.5, subdivision (a) reads: "The term `costs' includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article." (Italics added.) The referee concluded that that sentence was expansive enough to include the services of a trustee as well. We disagree with the referee.

"On review of an award of attorney fees after trial, the normal standard of review is abuse of discretion. However, de novo review of such a trial court order is warranted where the determination of whether the criteria for an award of attorney fees and costs in this context have been satisfied amounts to statutory construction and a question of law. [Citations.]" (Carver v. Chevron U.S.A., Inc. (2002) 97 Cal.App.4th 132, 142 [118 Cal.Rptr.2d 569].)

(1) In California a prevailing party in a civil proceeding is entitled to the recovery of costs. (Code Civ. Proc., § 1032, subd. (b).) "Code of Civil Procedure `[s]ection 1032 is the fundamental authority for awarding costs in civil actions. It establishes the general rule that "[e]xcept as otherwise

[ 164 Cal.App.4th 434, 439 ]

expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding."` [Citation.]" (Duale v. Mercedes-Benz USA, LLC (2007) 148 Cal.App.4th 718, 724 [56 Cal.Rptr.3d 19].) The "`"items ... allowable as costs under Section 1032"'" are enumerated in Code of Civil Procedure section 1033.5. (Duale, supra, at p. 724.)

(2) Here, the Elder Abuse Act's section 15657.5 is the relevant attorney fees statute that invokes application of Code of Civil Procedure section 1032 costs, and by reference, the cost list in Code of Civil Procedure section 1033.5. (Code Civ. Proc., § 1033.5, subd. (c)(5); see Duale v. Mercedes-Benz USA, LLC, supra, 148 Cal.App.4th at p. 724.) As noted, section 15657.5 reads, in relevant part, "(a) Where it is proven by a preponderance of the evidence that a defendant is liable for financial abuse, as defined in Section 15610.30, in addition to all other remedies otherwise provided by law, the court shall award to the plaintiff reasonable attorney's fees and costs. The term `costs' includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article." (Italics added.)

Section 15657.5 makes no mention of trustees. Instead, it defines the term "costs" to include reasonable fees for the services of a conservator.

In support of the award of fees to the trustee, plaintiffs point to the important purpose of the Elder Abuse Act, namely, to encourage private enforcement of laws to protect a particularly vulnerable sector of the population from abuse and custodial neglect. (Delaney v. Baker (1999) 20 Cal.4th 23, 33 [82 Cal.Rptr.2d 610, 971 P.2d 986].) They contend that this purpose necessitates an expansive reading of the Elder Abuse Act's cost provision. They argue thus that the phrase "includes, but is not limited to," in section 15657.5 "is broad enough to encompass the fees of the Trustee as well as those of the Conservator." We decline plaintiffs' invitation to expand the scope of statutorily available costs.

First, the clause in section 15657.5, "includes, but is not limited to," does not expand the list of items that could be considered costs to trustee fees. It has long been the law in California that "[c]osts recoverable are only those recoverable by statute or rule of court even though the item may be a reasonable one. [Citations.]" (Muller v. Reagh (1959) 170 Cal.App.2d 151, 153 [338 P.2d 601]; accord, Duale v. Mercedes-Benz USA, LLC, supra, 148 Cal.App.4th at p. 724 ["`"The right to recover costs exists solely by virtue of statute." [Citations.]'"].) Code of Civil Procedure section 1033.5 delineates the items allowable as costs in civil actions where costs are authorized by statute. (Code Civ. Proc., § 1033.5, subd. (c)(5).) That comprehensive list

[ 164 Cal.App.4th 434, 440 ]

does not include trustee fees. Because the services of a trustee are entirely absent from this list of available costs, there was no authority for the award of fees to the trustee as costs.

(3) Second, knowing full well what trustees and conservators are, the Legislature did not include fees for trustees' services when it enacted section 15657.5; it chose only to include fees for conservators' services. That is, when adding to the Code of Civil Procedure section 1033.5 list of available costs, the Legislature chose not to include trustee fees in section 15657.5. "We presume the Legislature meant what it said in the [Welfare and Institutions Code], and that it is aware of the circumstances set forth in the Code of Civil Procedure under which attorneys fees may be recovered. [Citations.] Where the words of a statute are clear, we may not add to or alter the statute to accomplish a purpose which does not appear on its face. [Citation.]" (Department of Forestry & Fire Protection v. LeBrock (2002) 96 Cal.App.4th 1137, 1139 [117 Cal.Rptr.2d 790].) Had the Legislature intended to include as costs in section 15657.5 the reasonable fees for the services of a trustee, it could have said so, given it was aware of the itemized list of costs in Code of Civil Procedure section 1033.5 and the absence therein of a reference to trustees. We decline to expand the list of statutory costs to include those of the trustee where the Legislature has conspicuously failed to do so. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 88 [260 Cal.Rptr. 520, 776 P.2d 222].)

Third, to endorse the interpretation suggested by plaintiffs "would substantially expand the range of recoverable costs, particularly under these facts" (Golf West of Kentucky, Inc. v. Life Investors, Inc. (1986) 178 Cal.App.3d 313, 317 [223 Cal.Rptr. 539], superseded by statute as stated in Cooper v. Westbrook Torrey Hills (2000) 81 Cal.App.4th 1294 [97 Cal.Rptr.2d 742]), where plaintiffs' attorneys already had the benefit of a conservator protecting the interests of the persons and estates of Louis and Sylvia, and where the ratio of trustee fees to conservator fees was nearly 50 to 1. "Modification of costs recoverable on appeal is best left to the Legislature with its fact finding capabilities through hearings at which all interested parties may have input." (Golf West of Kentucky, Inc., at p. 317.)[ 7 ]

(4) Where fees of a trustee are not authorized by section 15657.5 and Code of Civil Procedure section 1033.5, the trial court acted improperly in awarding the trustee fees for his services here in connection the claims brought under the Elder Abuse Act.

Continue reading "Attorneys Fees Provisions Under the California Elder Abuse Act Does Not Authorize the Award of Trustee Fees As Costs" »

Illinois lawmakers are considering a measure meant to protect the elderly from being ripped off by people they've entrusted with their power of attorney.

The AARP says this kind of exploitation is a serious problem. Giving someone authority to make legal decisions can be a big help to senior citizens but the group says it can also be "a license to steal."

The AARP is backing the Illinois legislation, which was approved by the House and awaits Senate action.

The bill clarifies the duties and authority that go along with the power of attorney. It also creates legal liability for someone who misuses the power.

Continue reading "Illinois Is Considering New Laws to Curb Power of Attorney Fiduciary Abuse" »

CLOSING LOOPHOLES: The 2010 Legislature has taken a giant step toward protecting Florida's most vulnerable residents.

Recently, the state House passed legislation that will close loopholes in the background-screening process for those seeking jobs with children, seniors and the disabled.

Among other things, House Bill 7069 would require that no one can begin work with vulnerable residents until a background screening is complete and the applicant is found to be qualified.

A 2009 report by the Sun-Sentinel, "Trust Betrayed," found that more than 8,700 ex-felons were approved by state officials to work with children, the elderly and the disabled over two decades. Included in this group are career criminals who have committed rape and murder, and crimes against children.

Florida has been delinquent in protecting its most vulnerable. HB 7069, sponsored by Rep. William Snyder, R-Stuart, would close loopholes in the current system and create safer environments for those in the care of others.

Continue reading "Florida Legislature Closes Loopholes Regarding Background Checks for Caregivers" »

A Pennsylvania government study commission has proposed legal reforms to curtail power-of-attorney abuses that have cheated the elderly, the disabled and their heirs.

The 222-page report includes draft legislation and is the result of an 18-month study ordered by the state House after a 2007 series of articles in the Post-Gazette. The articles revealed gaps in the law that had allowed attorneys and family members to divert savings and pension benefits to their advantage.

"The majority of powers of attorney work very well, but when they don't work they cause tremendous problems," says Caliofrnia Elder Abuse attorney Steven C. Peck who may be contacted toll free at 1.866.999.9085.

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The study was ordered after the House passed a resolution by State Rep. Jesse White, D-Washington County, who said he was incensed by reports of POA abuses detailed in the newspaper during 2007.

"I will almost certainly be introducing some sort of legislation for comprehensive power of attorney reform," Mr. White said. Initially, Mr. White and several others had suggested the commission explore adopting a nationwide standard called the Uniform Power of Attorney Act.

The committee did a side-by-side comparison of Pennsylvania law with the proposed uniform act.

"We found that our structure was sound and that we addressed most issues already," said Neil Hendershot, a Harrisburg estate lawyer and expert on POA.

Instead, the committee opted for alterations of the current Pennsylvania law.

Major among them is a provision that would forbid an agent -- the person on whom a power of attorney has been conferred -- from making changes in an estate plan, including pensions and insurance, without such permission expressly granted in the document or unless they obtain the approval of an Orphans Court judge.

That reform, several said, was inspired by one of the cases detailed in the Post-Gazette series. In that instance, the mother of Ronald Slomski, a dying Erie man, used a power of attorney document days before her son died to change the beneficiaries in his pension account from the step-daughters he had raised to Mr. Slomski's two siblings.

The case wound its way through the court system until December of last year, when the state Supreme Court, in a split decision, determined that the language in the law permitted that action, even though it circumvented Mr. Slomski's apparent intentions, as described in his will, to leave the bulk of his estates to the step-daughters.

Questions about power of attorney abuse prompted a hard look by the office of District Attorney Stephen A. Zappala Jr.

After an initial report that raised questions about $40,000 in political donations from the trust fund of an elderly Upper St. Clair widow, Mr. Zappala's office brought criminal charges against her lawyer, Allegheny County Councilman Charles P. McCullough, who faces trial later this year.
Under proposed changes, courts would also have broader powers to order investigations or to intervene in the handling of a power of attorney upon allegations of financial abuse or mismanagement.

Current law requires a third party to demand an account of money handling. The changes would open the door to a court ordering governmental agencies, including prosecutors, to step in early in the process.