Many of us worry that our parents or grandparents may be the victims of internet scams or worse, perpetrated by criminal predators who are seeking to confuse and defraud them. We've discussed before in this space how a guardianship or conservatorship can support seniors in protecting their assets when they no longer are well suited to protect themselves and their assets.

But a recent news story points out some of the difficulties in determining whether something improper is going on with a vulnerable adult's financial accounts. In some instances there may be few outward sign initially that someone is abusing a fiduciary duty that they have for a senior. In other cases what looks like a questionable use of funds by one family member may simply be a case of miscommunication or unfamiliarity with the person's finances.

While there are indeed suspected cases of elder abuse that turn out not to be, it is important that all reasonable suspicions of financial abuse or fraud be investigated carefully. Not only is it important to discover and end any financial malfeasance that may be occurring, but also to help instill confidence in the senior that their finances are being properly handled and that there is someone monitoring the process to ensure its propriety.

There are however instances where apparent financial irregularities may give the appearance of financial fraud where none exists. Some relatives who may not be familiar with the payment schedule or sometimes substantial cost of ongoing care may questions the size and frequency of such payments. In those instances, it is important to have established a clear and open channel of communication between family members, caregivers and anyone else who may be involved in managing their care and finances.

Source: Ventura County Star "Determining elder abuse is not an exact science" Kim Lamb Gregory, April 18, 2011