questions & answers

Question: My mother passed away, she had health problems including altered mine status and my brother sold my mothers cows and kept the money. The family had a meeting soon after the sale and asked him to put the money in an account to help with her medical and care expenses. Again after her death, he was asked to put the money into the account so it can be probated properly to all her heirs and he has not do so. Is this a case of elderly abuse by my bother and it is her money should it be probated to heirs.

Answer:
In general, elder abuse is a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. Legislatures in all 50 states have passed some form of elder abuse prevention laws. Laws and definitions of terms vary considerably from one state to another, but broadly defined, abuse may be:
•Physical Abuse—inflicting physical pain or injury on a senior, e.g. slapping, bruising, or restraining by physical or chemical means.
•Sexual Abuse—non-consensual sexual contact of any kind.
• Neglect—the failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
•Exploitation—the illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else's benefit.
•Emotional Abuse—inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts, e.g. humiliating, intimidating, or threatening.
• Abandonment—desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
•Self-neglect—characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

If you suspect someone has been a victim of elder abuse, please contact the Elder abuse hotline at:  1-877-767-2385

ARS 14-3101 is the statute on Estates and wills. You may wish to speak with an attorney specializing in Estate, Wills and Trusts.