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Iowa Financial and Physical Elder abuse questions

Discussion in 'Other Family Law Matters' started by Mason Mauck, Sep 13, 2022.

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  1. Mason Mauck

    Mason Mauck Law Topic Starter New Member

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    Hello all, I've had the misfortune to find out that my 80 yr oldfather in Iowa (I live in Florida) has been both physically abused by a son (brother in Iowa) and also was financially taken advantage of in a real estate transaction.

    The physical abuse: brother repeated manhandles Dad, neighbors call police by my Dad, who is in fear of the brother, will not press charges.

    The financial abuse: my brother, who had lived with my father (rent free) in my Dad's rental got Dad evicted because of loud parties and trash in the yard. Brother talked Dad into buying him a house, laying down a big downpayment and Dad could "stay" there by paying the monthly mortgage. This was a $50k house and again, dad paid the downpayment and all of the monthly payments. THis house was 100% in my brothers name

    7 years go by- Brother threatens to kick Dad out unless he "buys" the house just last April. So, after dad made 100% of the downpayment and monthly mort. payments, he forces Dad to "buy" the house from him for $80,000.. Dad pays him $80k with NO appraisal. THe house is in horrid condition and wouldn't be valued anywhere close to $80, in fact, probably not $50k

    I spoke with my father last night, he's scared of my brother and said that the brother claimed there was a bidding war for the house and that either dad coughed up $80k or he was to be thrown out in the street.

    So, I'm googling Iowa FInancial Abuse Laws and see that Senate Bill 522 was passed but didnt' become law until 7/1/22. So, before I contact the Iowa Attorney General, was this financial abuse grandfathered in so nothing can be done? What Else can I do>?
     
  2. army judge

    army judge Super Moderator

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    How do I make an elder abuse report?
    If you think that an older adult is in immediate, life threatening danger, dial 911.
    To report abuse, neglect, exploitation, or self-neglect of a dependent adult, please contact Dependent Adult Protective Services at 1-800-362-2178 (toll-free, 24 hours a day, 7 days a week).
    If suspected dependent adult abuse is occurring in a health-related facility, contact the Iowa Department of Inspections and Appeals Nursing Home and Home Health Complaint Hotline at 1-877-686-0027 or email hfd_complaint@dia.iowa.gov.
    If you have concerns about your quality of care, quality of life or rights as a resident/tenant, or if you have concerns on behalf of your loved one who is living in one of Iowa's long-term care facilities, contact the Office of the State Long-Term Care Ombudsman at 1-866-236-1430.
    For a coordinated entry point to Iowa's information and referral resources regarding long-term independent living, contact LifeLong Links online or call 1-866-468-7887.



    Elder Abuse Prevention & Awareness | Iowa Dept. on Aging
    ...


    https://states.aarp.org/iowa/new-elder-abuse-law-in-iowa
    ...




    What is included in the definition of elder abuse?

    Elder abuse under the law includes:

    Physical injury, unreasonable confinement, punishment or assault,
    Sexual offense,
    Neglect - which is deprivation of necessary care by a caretaker, and
    Financial exploitation
    Though these are actions that may have protections elsewhere under the legal system, they sometimes fall through the cracks.

    What can someone do who is concerned about elder abuse?

    The law provides for the vulnerable elder or a substitute to petition the court to stop the abuse. This process is similar to Iowa’s civil domestic abuse petition.

    A Substitute petitioner means a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder, or other interested person. Including “other interested person” as a substitute petitioner greatly expands who may petition the court to stop the abuse.

    What kind of relief can you get if you file a petition?

    The petition can result in an emergency or temporary order. After a hearing the court can issue a protective order or approve a consent agreement. The protective order or consent agreement cannot exceed one year. The order can be extended after another hearing.

    Protections and remedies under the order are somewhat similar to protections available under Iowa’s Domestic Abuse Law. This includes protections for personal safety, safe housing, and also protections and remedies concerning financial exploitation. Examples are:

    Restricting defendant’s contact with the vulnerable elder to stop abuse, harassment, intimidation, etc.
    Moving the defendant from the elder person’s home or requiring the defendant to find housing for the vulnerable elder, and
    Requiring the defendant to return property or funds as well as prohibiting transfer of funds and property.
    Does the law address financial exploitation?

    In particular, the law provides greater protection from financial exploitation for elders as their health declines. This is a major area of abuse that often is discovered after assets are gone. Financial exploitation is when a person in a position of trust or confidence with the vulnerable elder takes advantage of the elder’s financial situation. This means the trusted person knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings or assets of the vulnerable elder.

    The definition for a person who “stands in trust or confidence” is broad. In addition to family members, and caretaker, it includes “a person who is in a confidential relationship with the vulnerable elder.”


    Iowa Legal Aid
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  3. adjusterjack

    adjusterjack Super Moderator

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    Move to Iowa or move your father to Florida.

    Until and unless you are able to intervene on an every day basis, your father is at the mercy of your vicious brother.
     
    army judge and justblue like this.

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