PROBATE, SUMMARY

DISTRIBUTION & INTESTACY IN

ALABAMA

Douglas C. Martinson, IIMartinson & Beason, P.C.

115 North Side SquareHuntsville, Alabama 35801

256.533.1667dougii@martinsonandbeason.com

DOUGLAS C. MARTINSON, II

Douglas C. Martinson, II, born in Tuscaloosa, Alabama, on November 4, 1963, was admitted to the Alabama Bar Association in 1989; the Washington, D.C. Bar in 1991; the U.S. District Court in 1991; the U.S. Tax Court in 1991; and is admitted to practice before the 11th Circuit Court of Appeals. Preparatory education was at the University of Alabama where he received a B.S. Degree in Corporate Finance and Investment Management in 1986. His legal education was at Washington and Lee University School of Law in Lexington, Virginia where he received a Juris Doctor in 1989. He was graduated from Boston University School of Law with an LL.M in Taxation in June of 1990.

On August 27, 2002, he was elected to a four year term on the Huntsville City School Board of Education, he was re-elected on August 22, 2006 for another four year term, receiving 72% of the vote. He was elected President of the School Board from 2005, through 2010. He has served on the Executive Committee, as Secretary and President-Elect of the Madison County Bar Association.

In 2007-08, he served as President of the Rotary Club of Huntsville. He served as a Mentor in the Rotary STRIVE where he meets weekly with a student in the bottom third academic ranking of their class at an economically disadvantage high school. He has also served on the Board of the Madison County Red Cross and the Boys and Girls Club of Huntsville/Madison County.

He has served as the Huntsville Chairman for the University of Alabama Commerce Executive Society and served as President of the Financial and Estate Planning Council of Huntsville. He currently serves on Huntsville-Madison County Public Library Board.

He served as Chairman of the Board of the First United Methodist Church’s Day Care, the Susanna Wesley Early Education Ministry (SWEEM). He also taught Sunday School and was a Methodist Youth Fellowship Counselor.

He was appointed by the Madison County Probate Judge as the County Conservator. He has also served as the Administrative Hearing Officer for the Madison and Cullman County Sales Tax Offices and the City of Madison Police Department. He was appointed as an Assistant Attorney General by Attorney General Bill Pryor to represent ALDOT in eminent domain condemnation cases.

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He enjoys refereeing ice hockey and is a certified NCAA referee. In addition, he enjoys snow skiing, tennis, reading and watching his children’s sporting events.

His law practice concentrates on estate planning, probate, elder abuse, corporate, business litigation and contracts.

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I. The Probate Court a. Probate—from the Latin probare means “to prove”

b. Jurisdiction

i. Original Jurisdiction

1. The probate court shall have original and general jurisdiction as to all matters mentioned at Ala. Code §12-13-1:

a. The probate of wills;

b. The granting of letters testamentary and of administration and the repeal or revocation of the same;

c. All controversies in relation to the right of executorship or of administration;

d. The settlement of accounts of executors and administrators;

e. The sale and disposition of the real and personal property belonging to and the distribution of intestate’s estates;

f. The appointment and removal of guardians for minors and persons of unsound mind;

g. All controversies as to the right of guardianship and the settlement of guardians’ accounts;

h. The allotment of dower in land in the cases provided by law

i. The partition of lands within their counties

j. The change of the name of any person residing in their county, upon his filing a declaration in writing, signed by him, stating the name by which he is known and the name to which he wishes to be changed

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k. Such other cases as jurisdiction is or may be given to such courts by law in all cases to be exercised in the manner prescribed by law

ii. Limited Jurisdiction—the Probate Court is one of limited jurisdiction. If a matter is not specifically prescribed or conferred by statute then Probate Courts do not have jurisdiction to hear the matter

iii. Jefferson, Mobile, Montgomery and Pickens County Probate Courts also have equity jurisdiction.

II. Who Do You Represent?

a. Ethics Opinion 2010-03 addressed the question of when a lawyer is retained to assist in the administration or probate of an estate, whom does the lawyer represent?

i. It is the opinion of the Disciplinary Commission that ordinarily, when a lawyer is hired by a Personal Representative to assist in the administration of an estate, the lawyer’s sole client is the Personal Representative of the estate. As a result, the lawyer would owe the Personal Representative a duty of loyalty and confidentiality just as he would any other client pursuant to Rule 1.6, Ala. R. Prof. C. The fact that the Personal Representative has obligations to the beneficiaries of the estate does not in itself either expand or limit the lawyer’s obligations to the Personal Representative under the Rules, nor would it impose on the lawyer obligations toward the beneficiaries that the lawyer would not have toward other third parties.

ii. The lawyer should clarify with the Personal Rep. the role of the lawyer, the scope of representation, and the Personal Rep’s responsibilities toward the lawyer, the court, beneficiaries and other interested third parties (i.e. creditors).

iii.While the client would ordinarily be the Personal Representative, the lawyer must be careful not to, either by affirmative action or omission, give the impression that he also represents the beneficiaries of the estate. If the lawyer were to do so, it could be found that he has undertaken to represent both the Personal Representative and the beneficiaries of the estate which could result in conflicting loyalties and conflicts of interests. As a result, a lawyer must comply with certain duties upon undertaking representation of a Personal Representative or risk violating certain rules of professional conduct.

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iv. First and foremost, upon being hired by a Personal Representative to assist in the administration of an estate or trust, the lawyer should explain to the beneficiaries or other interested parties that the lawyer’s sole client in the matter is the Personal Representative, individually.

b. Ethics Opinion 2010-03 also addressed what do to if you know the Personal Representative Has Misappropriated Funds

i. Determining the lawyer’s ethical responsibilities when he discovers that the Personal Representative of the estate has misappropriated estate funds is a difficult question as it calls for a balance between the lawyer’s obligations to his client, the Personal Representative, and the lawyer’s obligations as an officer of the court.

1. Consider Rule 1.6 (Confidentiality) versus Rule 3.3 (Candor to Tribunal)

ii. If the lawyer discovers that misappropriation of funds is ongoing then the lawyer has an obligation to disclose to the Court

iii.However, more often than not, the lawyer only learns of the misappropriation of estate assets after the fact. In such situations where the misconduct is not ongoing, the lawyer may not disclose the prior misconduct to the court pursuant to Rule 1.6. As a result, the lawyer’s only recourse is to seek to persuade the Personal Representative to either replace any misappropriated funds or to voluntarily disclose to the court the Personal Representative’s misconduct. If the Personal Representative refuses to do either, then the lawyer should withdraw from the representation and, upon withdrawal, request that the court order an accounting of the estate. By doing so, the lawyer avoids assisting the Personal Representative in any criminal or fraudulent acts. Further, by requesting that the court order an accounting upon the lawyer’s withdrawal, the lawyer helps to shield himself from any accusations or allegations that he assisted or allowed the Personal Representative to engage in the misconduct.

III. Probating A Self-Proving Will

a. Self-Proving Will

i. Ala. Code §43-8-132

1. Any will may be simultaneously executed, attested, and made self-proving, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to

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administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

a. TESTATOR: "I, _____, the testator, sign my name to this instrument this ______ day of _____, 20__, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence."

b. TWO WITNESSES: "We, _____, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence." (See Ala. Code §43-8-134 for who may witness a will).

ii. If the will is self-proving, as provided in this section, compliance with signature requirements for execution is conclusively presumed, other requirements of execution are presumed subject to rebuttal without the testimony of any witness, and the will shall be probated without further proof, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. Ala. Code §43-8-132(c)

b. Necessity of Filing a Will for Probate

i. It is not always necessary to file a will for probate

1. How is the property owned/titled (i.e. any separate property out there or was it all owned jointly)

a. If no separate property: does your client really need to probate the will?

i. Life insurance policies with named beneficiaries

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ii. Vehicles titled in Decedent’s name—(consider using Alabama DMV Heirship Affidavit form)

iii.Value of the Estate See Ala. Code §43-2-692

1. Decedent died a resident of Alabama

2. At least 30 days have elapsed since the notice of filing of petition was published

3. NOTE: only works for personal property (i.e. if real property in estate must petition for probate/administration)

4. Value of estate does not exceed $28,024 (for 2015)

ii. NOTE: If client does not have possession of Last Will & Testament— see Ala. Code §43-8-270 to request surrender of will to Probate Court.

iii.Brief explanation re: Need to Probate

1. If property or financial accounts are solely in the name of the Decedent someone will have to be appointed as Personal Representative and get control over the assets.

2. In other words you need to get petition the Probate Court to issue you Letters Testamentary so your client can access those assets and distribute according to the decedent’s Last Will & Testament

iv. Can you probate the will

1. Upon the death of a testator, any executor, devisee, or legatee named in the will, or any person interested in the estate, or who has custody of such will may have the will proved before the proper probate court. Ala. Code §43-8-160.

2. If the date of death is MORE than five years ago the Will is invalid and cannot be probated. See Ala. Code §43-8-161.

v. Determine the value of the estate: Estate Tax Return (Form 706) must be filed if the estate is over $5.43 million—this figure is indexed for inflation.

vi. Determine whether the will appointed a living, breathing personal representative, who is not disqualified from serving;

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vii. Does the will expressly waive the filing of an inventory and/or the furnishing of a bond Ala. Code §43-2-311

viii. Ask in which county the decedent resided and died

1. If decedent is not a resident of Alabama, ask where the decedent died or where the decedent left property. See Ala Code §43-8-162.

2. Can probate in state where Decedent died or owned property

ix. Notification Requirements to Heirs at Law. Ala. Code §§43-8-164, 165, & 166.

1. If all heirs at law consent to probate of will a hearing before the Probate Judge is not necessary—however, if an heir refuses to sign a Consent Form—you need to serve by certified mail, the Sheriff, or by Publication for any heirs who not consent and waive notice and ask Court to set hearing

2. Out-of-state next of kin or estranged family members who cannot be reasonably located may be served notice via publication once a week for three (3) consecutive weeks

x. Guardian Ad Litem (GAL)

1. If any of the heirs at law or next of kin are minors or are incapacitated you will need to request the appointment of a GAL in your petition for probate and include such language in your Order. See Ala. Code §43-2-504

2. The GAL functions as a friend of the court, assigned by the court to investigate and evaluate the facts and circumstances and to formulate opinions and recommendations for the court, exercising independent professional judgment with the paramount goal to determine, protect, promote and advocate the best interest of the minor/ward

3. GAL duties—

a. Conduct a thorough and independent investigation (i.e. ensure you have thoroughly reviewed court file, inventory, accounting, etc).

b. Advocate for minor child/ward’s best interests

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c. Attend all scheduled court hearings and protect their client (Ward of minor)

c. Ancillary Probate

i. If the Decedent owned real property in different states it may be necessary to commence ancillary probate proceedings in those jurisdictions.

ii. An Alabama court is powerless to issue an Order affecting real property in Florida. Accordingly, if the primary probate estate is commenced in Alabama an ancillary probate proceeding should be initiated in Florida if the Decedent owned real property in Florida

d. Overview/Basics of the Petition to Probate Self-Proving Will

i. Petition

1. List name of Petitioner (i.e. Personal Representative)

2. Name of Deceased

3. Recite Decedent’s place of domicile, date of death & specifics of Will (date signed and identify witnesses and notary)

4. List names and addresses of heirs at law and next of kin

5. State whether heirs at law and next of kin are over the age of 19 years and of sound mind (If not, request GAL appointment)

ii. Exempt Property & Allowances

NOTE: spouse is entitled whether she elects to take elective share. See infra; see also, Ala. Code §43-8-74.

1. Homestead Allowances

a. Ala. Code §43-8-110 provides that “a surviving spouse of a decedent who has domiciled in this state is entitled to a homestead allowance of $15,000.00.

b. If no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amount of $6,000.00 divided by the number of

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minor and dependent children of the decedent. (3 children the exemption is $2,000 each).

c. NOTE: Homestead allowance is exempt from & has priority over all claims against the estate (including funeral expenses and cost of administration) AND is in addition to any share passing to the surviving spouse or minor or dependent child by decedent’s will unless otherwise provided in the will

2. Exempt Property

a. Ala. Code §43-8-111 provides that if the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not to exceed $7,5000.00 in excess of any security interests therein in household furniture, automobiles, furnishings, appliances and personal effects.

b. If no surviving spouse, decedent’s children are entitled jointly to the same value.

i. NOTE: 43-8-111 does not specify that only dependent/minor children are eligible to receive exempt property allowance.

ii. If decedent dies with no spouse and no minor children the surviving adult children may petition for exempt property allowance.

3. Family Allowance

a. Ala. Code §43-8-112 states that if the decedent was domiciled in Alabama, the surviving spouse and any minor children whom the decedent owed a duty of support (and were in fact supported by him/her) are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration

b. This allowance may be paid as a lump sum or in periodic installments

c. Practice Point: the Personal Representative can set a reasonable family allowance at $500.00 per month for 12 months—however—it is a better practice to request the Court to approve a reasonable family allowance of $15,000.00 for the next twelve months payable in a lump

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sum or monthly installments

4. The statutory exemptions are awarded and paid from the estate and take priority over all creditor claims.

a. If the estate, including real property, is less than the statutory exemptions available (maximum of $37,500; an increase from old exemptions of $15,500) consider petitioning the Court for award of said exemptions without administration of the estate. See Ala. Code 6-10-100

b. It’s faster, cheaper, and shields surviving family members from answering creditor claims

5. Marital Residence—Note: surviving spouse may retain possession of marital residence, free from rent, until homestead is assigned. See Ala. Code §43-8-114

iii. Consent Forms

1. Next of Kin—Ala. Code §43-8-164

a. Whenever an application is made to prove a will in this state, at least 10 days’ notice must be given to the surviving spouse and next of kin, or either of them, residing and being within the state, before such an application is heard.

2. Minors—Ala. Code §43-8-165

a. Ask Court to appoint a GAL to represent interests of minor child. Notice must be served on GAL.

b. Add language to Petition & Order regarding the appointment of GAL for any minors

3. Notice via Publication—Ala. Code §43-8-166

a. Upon application, any spouse or next of kin residing out-of-state may be delivered notice via publication

b. Publication must run once a week for three successive weeks in a newspaper published in the county where such application is made

iv. Notice to Creditors

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1. Six (6) months to bring creditor claim. Ala. Code §43-2-350

2. Creditors must verify their claims. Ala. Code §43-2-352

v.

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vi. Inventory (if necessary)

1. Ala. Code §43-2-311 permits the Testator to exempt his executor from filing an inventory

2. If not expressly waived in the Last Will & Testament, an inventory listing property (enumerating each item separately), all debts or demands due or accruing to the decedent, the time such debts or demands are due, the amount of the same and how evidenced, with credits, if any, and the name of the debt and the amount of money must be listed and filed with court

vii. Bond (unless expressly waived in the Last Will & Testament) Ala. Code §43-2-851—The court must require a personal representative or special administrator to furnish bond payable to the probate judge conditioned upon faithful discharge of all duties. SEE ALSO, Ala. Code §43-2-852 for terms and requirements of bonds

viii. Order

1. Order will confer the powers of Ala. Code § 43-2-843

2. Provides for date inventory and accounting are due if Will did not waive filing of such

e. Letters Testamentary Ala. Code §43-2-20, et seq.

i. The estate must remain open for six (6) months (see Ala. Code 43-2-501) but personal representative may make distribution of the whole or any part the property without obtaining a court order if personal representative is satisfied the estate is solvent. Ala. Code §43-2-640. However, must be careful as there could be another Last Will & Testament, a will contest, creditors, taxes, etc.

ii. Annual account & settlement. See Ala. Code §43-2-500 and §43-2-338

f. Closing the Estate

i. Settlement Notice Ala. Code §43-2-505

ii. Distribute Estate

1. To inherit, heir must survive testator by five (5) days unless the will contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator for a state period in order to take under the will

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Ala. Code §43-8-220

2. Omitted spouse—Ala. Code §43-8-90—If testator fails to provide for his surviving spouse in the will, the omitted spouse will receive the same share of the estate received had the decedent left no will…UNLESS,

a. the will makes it clear that the omission was intentional; or

b. the testator provided for the spouse by transfer outside of the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven

c. NOTE: divorce voids ex-spouse from receiving anything from probate estate. Beware that insurance policies, IRAs, 401(k), etc. beneficiaries should be changed following divorce

3. Elective Share—Ala. Code §43-8-70

a. If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. Elective share shall be lesser of:

i. All of the estate of the deceased reduced by the value of the surviving spouse’s separate estate; or

ii. One-third of the estate of the deceased

b. If married person NOT domiciled in Alabama, law of decedent’s resident state shall govern elective share

c. Right of election may only be exercised by the surviving spouse during her lifetime. If a guardian, conservator, or custodian has been appointed for surviving spouse MUST obtain court order to exercise election on behalf of surviving spouse. Ala. Code §43-8-71

d. Procedure for Making Election—Ala. Code. §43-8-73

i. Surviving spouse may file with court and mail or deliver to the personal representative a petition for the elective share within the latter of six (6) months of decedent’s date of death, or within six (6) months after the probate of decedent’s estate

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ii. Court may extend time for election for good cause shown by the surviving spouse BEFORE the time for election has expired

iii.Said petition must provide notice of time and place of court hearing to persons interested in the estate whose interests will be adversely affected by the taking of the elective share

iv. Must enforce right. It is not automatic.

e. How elective share satisfied. See Ala. Code §43-8-75i. Values included in the estate which pass or have

passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first to satisfy the elective share and to reduce any contributions due from other recipients of transfers included in the estate

ii. The proper method of calculating the surviving spouse’s elective share is to deduct the homestead allowance, exempt property, family allowance, and allowed claims against the estate from the decedent’s total estate, then divide the remaining amount by three.

4. Pretermitted Child—Ala. Code §43-8-91

a. If a testator fails to provide in his will for any children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate…UNLESS

i. It appears from the will that the omission was intentional

ii. When the will was executed the Testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or

iii.Testator provided for his child outside of the will and such intent is reasonably proven

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b. If child is not provided for solely because Testator believed child to be dead, that child receives a share equal in value to his intestate share

iii. Petition to Close the Estate Either by Consent & Waiver or Hearing

1. If estate is insolvent, not less than six months but not more than 12 months. Ala. Code §43-2-770

a. Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he must file with the judge of probate of the court having jurisdiction of the estate a report in writing that such estate is, to the best of his knowledge and belief, insolvent—Ala. Code §43-2-701

b. Probate Court then sets a hearing not earlier than 30 days but no later than 60 days to hear and determine whether estate is insolvent

i. Notice must be given to the creditors of and to all persons interested in the estate

ii. Notice is given by publication, once a week for three successive weeks, by posting such notice at the courthouse door for the same length of time and by forwarding such notice by mail to all creditors and to all adult heirs or distributees whose places of residence are known, and shall appoint guardians ad litem for all heirs or distributees who are minors or of unsound mind

iii. If no person contests the insolvency, the court must declare the estate insolvent and must make an order for the executor or administrator to settle estate within 30 to 60 days and notice of final settlement must be given

2. If estate is solvent six months from grant of Letters Testamentary. Ala. Code §43-2-501

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3. Any estate not closed in 1 year must file an annual accounting with the Court.

IV. Intestacy

a. No Last Will & Testament

i. Spousal Share—Ala. Code §43-8-41

1. No children or parents the surviving spouse gets everything

2. No children but surviving parent(s) the surviving spouse gets the first $100k + half of the intestate estate

3. Surviving children that are biological children of surviving spouse then the surviving spouse gets first $50k + one half

4. Surviving children not bio children of surviving spouse then surviving spouse gets one half of estate

ii. If no spouse—Ala. Code §43-8-42

1. Equal shares among children, if living per stirpes;

2. If no surviving children, to parent(s) equally

3. If no children and no parent(s) to issue of parents (i.e. siblings) by representation

iii.Note: Half-bloods are treated as full-bloods. See Ala. Code §43-8-46

iv. Children conceived before Decedent’s death but born after death inherit as if they had been born during decedent’s lifetime. Ala. Code §43-8-47

b. Petition to Administer Estate

i. Who May Administer the Estate? See Ala. Code §43-2-42

1. Administration of an intestate’s estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order:

a. Must live in State of Alabama

b. The husband or widow

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c. The next of kin entitled to share in the distribution of the estate

d. The largest creditor of the estate residing in this state

e. Any other person the probate judge may appoint

f. County or General Administrator has priority over “any other person the probate judge may appoint if in county having population exceeding 400,000. Ala. Code §43-2-42(b)(4)

ii. Required Notices

1. Personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by law or that the same will be barred. Ala. Code §43-2-60 and 61.

2. Known creditors must be given notice, via first class mail, if creditor’s identification is known

a. Any creditor entitled to actual notice as prescribed in section 43-2-61 must be allowed 30 days after notice within which to present the claim, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited.

3. Unknown creditors and heirs at law receive notification by publication once a week for three successive weeks in a newspaper of general circulation published in the county in which the letters were granted, within thirty (30) days of grant of letters

a. All claims against the estate of a decedent, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited.

iii. Letters of Administration—No letters of administration will be granted until five (5) days after death of decedent is known. Ala. Code §43-2-45

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c. Closing the Estate—Final Settlement may be made at any time after six months from the grant of letters, if the debts are all paid and the condition of the estate in other respects will admit of it. Ala. Code §43-2-501

V. Keep a watchful eye for Elder Abuse & Exploitation—

a. Protecting Alabama Elder’s Act

b. New law provides for criminal penalties for financial exploitation of Alabama’s elders (age 60 and older)

i. Class A misdemeanor for exploitation of money or property totaling $500 or less

ii. Class B felony for exploitation of money or property exceeding $2,500

c. Problem of Epidemic Proportions—

i. One study suggests only 1 in 14 cases of elder abuse is reported to authorities—National center on Elder Abuse; 2011

ii. 90% of all reported abusers were family members—National Center of Elder Abuse; 2011

iii. Institutionalized, female elders with disabilities were found to be at a 12% higher risk for abuse than institutionalized, female elders with no disabilities—Women’s Health Issues; 2009

iv. In 2010, an estimated $2.9 Billion was lost due to elder financial exploitation

d. Examples—

i. Jamaican Lottery Scam

ii. The Grandparent Scam

iii. IRS tax debt callers

iv. Green Dot cards

v. Caregivers

e. Any sudden changes in finances may be indicative of elder financial exploitation.

i. Unexplained withdrawals of large sums or large transactions

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ii. Abrupt changes in will or other financial/legal documents

iii.Sudden transfer of assets to a family member or acquaintance

iv. Complaints of stolen or misplaced credit cards, pension checks, etc.

v. Recent acquaintance who suddenly takes up residence with elderly person

vi. Reduction of older person’s mail

f. Elder Abuse Is More Than Financial Exploitation

i. Physical Abuse

ii. Sexual Abuse

iii.Domestic Violence

iv. Psychological Abuse

v. Neglect

g. Recognizing & Preventing Elder Abuse

i. Indicators/Red Flags

1. Physical Warnings

a. Bruises

b. Pressure Marks

c. Broken Bones

d. Abrasions

e. Burns

f. Scratches

g. Poor Hygiene/Condition and Personal Upkeep

h. Hunger or dehydration

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2. Social Warnings—any unexplained withdrawal of elderly person, change in alertness, or strained relationships

ii. Four (4) Pillars of Prevention

1. Awareness—Through Understanding

2. Recognition—Spot the Warning Signs

3. Recording—Document all Findings

4. Reporting—Trigger a Response

iii. If you suspect abuse is occurring contact Department of Human Resources (DHR) Adult Protective Services or an elder & probate attorney. It may be necessary to freeze assets and prepare a guardian and/or conservator to manage personal care decisions and financial affairs with sound supervision

VI. Questions?

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