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If you witness an elderly person unwillingly sign a financial document....?


Such as a will or other kind of financial document. Or aware that the elder is unaware due to mental and cognitive impairments, is that considered to be and accessory to a potential crime?

In my opinion if you do not say anything.... that makes you as guilty as the person who is doing the abuse. What you are describing is "Elder Abuse" Read the following for more information concerning your question. It explains it better than I could! I sure hope this information helps you out! GOOD LUCK!

Elder Abuse of a Financial Nature

Elder abuse of a financial nature is when the victim is exploited because of vulnerabilities associated with age, such as an impaired mental capacity.

It occurs when someone, usually someone close to an older person, forces him or her to sell personal belongings or property; steals their money, pension cheques or possessions; or withholds the older person's money that they need for daily living. Theft, fraud, forgery, extortion and the wrongful use of a Power of Attorney are also forms of financial abuse. Such exploitation may also occur without the victim's knowledge.

Such abuse is a crime. It is often done to a senior by someone he/she knows and trusts, either a family member, visitor, social worker, doctor or nurse. It affects thousands of seniors in all cultural, social and income groups.

Elder abuse can be difficult to discuss and is not often reported because the senior is unaware of the problem, afraid of revenge by the abuser; is ashamed that they cannot handle the abuse in the home themselves; or is concerned with being labeled as too demanding or senile.

A mentally impaired person may not even be able to report a victimization or to describe its details. If the victimization is reported, the report might not be believed.

Signs of financial abuse

Not allowing the senior to spend money the way he/she wants

Forcing a senior to sell or give away property or sign Power of Attorney

Malnutrition
Belongings are missing
Sudden changes in senior's will
Unusual activity in bank accounts. ATM withdrawals when the person cannot walk or get to the bank; accounts changed from one branch to another; several withdrawals in short time for large amounts of money; request for large cash withdrawals inconsistent with customer's normal banking practices.
Different or inappropriate people coming to the bank coupled with changes in signature or unusual account activity. Home health aide, housekeeper, or other person puts their name on account.
Older customer isolated from friends and family. When you call the house you are told the older customer is unable to speak to you; matters are handled by third party, who has gained control of account.
Power of Attorney, or Will, drawn up when older customer seems unable to comprehend the financial implication.
Older customer signs papers without knowing what they are or without legal advice.
Refusal to spend money on behalf of the elder customer, especially on their care.
Numerous unpaid bills, such as overdue rent, utilities, taxes.
Checks bounce when there should be adequate resources.
New acquaintances expressing gushy, undying affection.
Recent change of title to house in favor of a "friend", when the older customer is incapable of understanding the nature of the transaction, or eviction notice arrives when person thought they owned the house.
Canceled checks no longer sent to older customer's house.
Promises of "Lifelong Care" in exchange for willing or deeding property/bank accounts to caregiver.
The older customer is placed in a nursing home below his or her financial means.
Older customer complains that they used to have money, but does not have it any more.
Caregiver evasive about financial arrangements.
Older customer fearful or seems afraid to speak in front of household member or companion.
Accompanying person seeks to prevent older customer from interacting with others.
Older customer is isolated, in unhealthy or unsafe environment.
Changes in personal hygiene/inappropriate clothing.
Older customer and household member or caregiver give conflicting accounts of an incident, expenditure, or financial need.

Need more infromation click on the resource links listed below!

It could be. But I am not sure. It should be reported though.

You mean as in sign the document as a witness? Yes, you would be committing fraud, elder abuse and other felonies.

You mean see the act and not report it to elder abuse? You could be charged as an accessory for failure to report a crime.

Why do you ask?

very much so. this happens when person B has power of attorney over person A. person B is seeking personal gain not in the best interest of person A. you can report anonymously to the proper legal authorities. Businesses know if someone is not in their right mind, it's against the law to obtain the signature. if a drunk goes into a bank with a check to cash, they are not to cash or deposit the check. if you are drunk before a wedding, you can not legally sign the marriage certificate. this goes for surgeries too. sorry if you may have winessed this. cover you butt though.

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