Skip to content
Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Prof. Pietsch (Hawaii) quoted in article on financial abuse of elderly

JamesPietsch2009  
Prof. Jim Pietsch of the University of Hawaii was quoted in the February 14 issue of the Honolulu Advertiser.  Here’s an excerpt:

The ease at which powers of attorney can be drawn up — blank formscan be downloaded from the Internet, and no witnesses are required —and the significant potential for misuse have led some banks to stopaccepting the documents, according to James Pietsch, director of theUniversity of Hawai’i Elder Law Program.

The program offers basic legal assistance, advice and information to needy people 60 and older, and caregivers.

Manyelderly residents are unaware of the risks of relinquishing theirpowers of attorney, and unless the documents are drafted with care,they can be readily abused because they grant broad decision-makingauthority, fail to explain clear standards of conduct, and lackmonitoring mechanisms to detect problems early on or provisions forholding abusers accountable.

“It’s very easy to abuse, especiallywith the increasing number of folks who are going to be suffering fromdiminished capacity or undue influence due to physical or mentalfrailty where they are turning over their things to other people,”Pietsch said.

“You can’t be as trusting as you used to be whenthere are people lurking out there at Zippy’s and other places who knowthe ropes.”

Read more here: http://www.honoluluadvertiser.com/article/20100214/NEWS01/2140379/More+Hawaii+seniors+financially+exploited