Elder Abuse/Exploitation

Have you ever wondered to yourself "what does RobRoy mean when he says he is an 'Elder Law' attorney?" I am often asked this question by clients, friends, professionals and even by attorneys. Next week, I will be representing the Utah State Bar's Elder Law section at the Utah Senior Expo (at the Sandy Expo Center). The purpose of my being there is to educate the public about the legal specialty referred to as "Elder Law."

I thought it would be helpful if I shared with you my explanation of "Elder Law" that I wrote for the State Bar's publication that will be provided to the public at this Expo:

What is Elder Law?

"Elder Law" has developed as a legal specialty over the last two decades to help seniors and their family members deal with the unique and complex challenges facing them as they age. Elder Law attorneys are often sought out when a family member, due to advanced age, disability, or mental capacity, is no longer able to adequately care for themselves, or when they anticipate that they will no longer be able to do so within the near future.

Blog Post by:  Melissa C. Platt, Esq.

We’ve all been in that situation before…the one where we’re standing there scratching our heads and asking ourselves how we just got pressured into making that purchase or signing up for that service. Unfortunately, sometimes the tactics used by salespersons or people presenting themselves as salespersons, aren’t just persuasive—they are downright deceptive. I’ll share a couple of examples from my own family, and then I’ll talk about what you can do to protect yourself and vulnerable loved ones.

Last summer, an elderly widowed family member had a salesman from a residential alarm system company knock on her door. This salesman was a “nice” young man attending school at BYU. Because of his connection with an institution that she knew, she trusted this young salesman to disclose to her all the details of the contract he was asking her to sign and didn’t read the contract herself. (The print was so tiny, I don’t think she could have read it, even if she had wanted to!). I don’t fault this woman for not reading the contract because I’m an attorney, and I’ve done it before too.

A recent mugging in New York apparently struck a nerve with lawmakers there. At 101 years old, the lady in this video held up quite well despite the violent attack against her. The attacker made off with a measly $33 and her house keys. In response to this widely publicized video clip, the New York legislature quickly passed a law making it a "violent felony" to assault someone over 65. Before this law was passed, the assailant could have plead in his defense that he didn't know his victim was so old and possibly get off with no more than a misdemeanor.