Defending Elders — and Yourself

Lawyers, social services professionals and geriatric care managers suggest a number of precautions to reduce the risk of elder exploitation by a caregiver. The aggregate might seem a bit much, but each is worth considering.

• Whether you hire a caregiver independently or through an agency, make sure the worker is bonded to cover a loss due to exploitation. If you engage an agency, it should have professional liability insurance .

• Make sure the agency includes ethics in its training program.

• Find out what an agency means by an employee "background check." Paul Greenwood, deputy district attorney in San Diego and chairman of the California District Attorneys Elder Abuse Committee, says, "a lot of agencies don't want to spend the money for a thorough background check."

If you visit our Web site www.databaserecords.com, you can see the variety of record-searches available — criminal convictions, outstanding warrants, civil judgments, liens, bankruptcies, sex offenses, professional licenses, previous address and employment verification, and more.

Even if you have to pay $300 or $400 yourself for searches, get the information you think is vital.

• Once you're satisfied with your choice of caregiver, execute a written contract. A home health agency will have its own form, but make any modifications needed to protect your interests.

If you are working with an independent contractor, write your own contract. (You can do this yourself; tips are available at Web sites on legal matters.) The caregiver cannot accept gifts or handle the elder's money. She cannot run errands without your permission. Put in whatever other conditions you want. Lawyers interviewed for this article differ on whether a contract barring the caregiver from receiving property would be enforceable. Some believe it would, as long as the contract is between you and the caregiver — not between the elder and the caregiver.

• Get duplicate financial statements, or view canceled checks online, so you know what's going on with your elder's money. Consider directing his mail to a post office box you can access, so no one can intercept the mail.

• Twice yearly, get the elder's credit reports. You can do it yourself if you have power of attorney. If not, the elder must request the reports.

• Occasionally, get out the estate planning documents and review them with the elder. Ask, "Do we need to change anything? Have you changed anything?"

• If you suspect someone you can't fire is exploiting your elder — a new "friend" or that long-lost niece who keeps hanging around — expect to pay $70 an hour or more to hire a private investigator to tail the suspect and gather information about him or her.

• Most important, be around. Drop in at different times, unannounced. Watch the interaction between your elder and the caregiver. Take the elder out, away from the caregiver. Talk some, and listen more.