Preventing Elder Abuse

Elder abuse is often in the news but refers primarily to the physical neglect or abuse of the elderly who are unable to defend or fend for themselves. What these news stories fail to report is the high level of financial elder abuse that takes place on a much larger scale than physical abuse.  Regardless of intention, when these conflicts occur, they can be detrimental to a senior’s life.  Preventing elder abuse is a big concern and it is continuing to grow as our population ages.

*This blog is for educational purposes only and should not be considered legal advice. The use of the Paths Law Firm website does not constitute a client-lawyer relationship.

What Is Financial Elder Abuse?

In response to this growing problem, Missouri legislature enacted a specific criminal statute entitled “Financial exploitation of the elderly person or person with a disability.”  This is when an offender knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefiting the offender or detrimentally affecting the elderly person or person with a disability. 

Basically, financial abuse of the elderly can be the misappropriation of funds or financial resources or the misuse/abuse of financial control over a person. Legally, this abuse must cause harm to the elderly person. The harm can either result in financial losses or physical deprivation.  Even though there is a criminal statute, financial abuse goes mainly unreported as often it occurs by a family member.  Also, it is often known to be occurring, but proof is difficult. 

preventing elder abuse

 

Elderly individuals are considered easy targets by scam and con artists. In fact, these criminals often go out of their way to single out an elderly person of whom to take advantage.  This type of abuse can result in the draining financial resources, savings, or funds set aside for retirement on a small to large scale. It is important to note that these tactics are not necessarily aimed at the wealthy but any elderly person who has any funds available. Personal friends and family members are often guilty of fraudulent misappropriation and abuse of financial control.  

Financial Abuse Signs to Look Out For

If you suspect someone you know to be a victim of financial abuse, you may want to watch for the following signs:Financial Abuse Signs to Look Out For 

  • Unusual or high ATM activity
  • Large withdraws from banking accounts or checking accounts
  • Signatures on checks that do not match the elder’s signature
  • Credit card use that is unusual
  • Unpaid bills or collection letters
  • Lack of food in the house
  • Missing possessions
  • Abrupt changes in mood or demeanor
elder abuse prevention

 

Likely the best way in preventing elder abuse is to stay connected to both the senior and those that are part of the family or support network.  Be sure to follow up on any of the signs that you note that could indicate possible financial problems.

What Measures Can Be Taken to Prevent Financial Abuse of the Elderly?

If you think that an older person may be a victim of elder abuse, you need to act.  Here are some ways that you can help in the prevention of elder abuse:

  • Be Vigilant – Communication is a great way to hep in preventing elder abuse. Be sure to ask questions.  Check-in daily and ask about phone calls received or interactions that may have taken place regarding sales calls over the phone or in person.  Get the contact details for the company or person that they dealt with and do some research to determine if the contact was legitimate and follow up with the salesperson if you feel that your parent or elderly friend has been taken advantage of.    
  • Check financial accounts – If you have access to checking accounts, savings accounts, and credit cards, be sure to monitor transactions for anything that seems suspicious.  Also, make sure that bills are being paid regularly and on time. If there is a suspicion of attempted elder abuse or if elder abuse has already taken place, contact an attorney as soon as possible. 
  • Get to know Friends and Neighbors – Knowing the individuals that your parents or older relatives and friends are associated with can provide valuable information.  It allows you to first have additional people watching out for abuse.  Secondly, it lets those individuals that are possible abusers know that you are watching what is going on.
watching for elder abuse

Reporting Suspected Elder Abuse

The Senior Safe Act of 2018 requires any financial institution to report the suspicion of elder abuse to the relevant authorities. This includes brokers and financial advisers. These laws act as a deterrent to those who plan to take advantage of the elderly on a financial level. However, the public can also report suspected financial elder abuse to their local APS (Adult Protective Services) office to investigate the matter. It is highly recommended to contact an attorney if there is a suspicion of elder abuse.

  • Protective Services – Contact your local protective services hotline for assistance.  They can coordinate the efforts of law enforcement, social services, and other agencies when allegations are made.  
  • Nursing Home Ombudsman – If the abuse is occurring in a nursing facility by staff or a resident, be sure to report your suspicions to the nursing home ombudsman.
  • FTC Identity Theft Reports – If there is suspicion of identity theft, create an identity theft report.  Take the report to your local police department to be filed.  Next, be sure to contact all credit card companies as well as credit bureaus.
  • Financial Institutions – Contact banking institutions to make them aware of your concerns.  Their fraud department will open a case to identify suspected abuse.
preventing elder abuse

Get Help From an Elder Law Attorney

An Elder Law Attorney will work with older adults and their families to help protect them and their future.  They will establish legal documents such as trusts, and powers of attorney to discourage scammers and assist in preventing elder abuse

1. Living Trust – A trust places assets such as property, financial resources, and other assets of value in the control of a third party such as an attorney or trusted family member. In essence, the original owner of the asset or financial resources placed in trust has use of the asset or resources while not actually retaining ownership. Ownership will pass to a stated beneficiary of the trust under the terms and conditions of the trust. The person in control of the trust will only release assets if the terms and conditions of the trust are met. 

This gives the trustee the power to first assess what assets (such as monetary funds) will be used for before the money is spent. However, it is important to note that this level of control can also open an elderly person to financial abuse. It is important to select the person who will be in control of the trust carefully. It is often recommended to have a reputable attorney or financial advisor make decisions regarding a Trust.

2. Power Of Attorney – A Power of attorney is another way to protect finances.  It designates how and when financial resources are spent. A Power of attorney can be granted to any person that the elderly person agrees to have in control of their finances and make financial decisions on their behalf. In the case where an elderly person no longer has the ability to make financial or other decisions on their own, the court can be approached to grant power of attorney to another person in order to protect the best interests of the elderly person. Once again, it is important to select who is granted the power of attorney carefully to prevent misuse of control. 

3. Guardianship (and/or Conservatorship) – This is typically a last resort, but when a loved on lacking capacity refuses to allow their power of attorney to do their job or they did not place a power of attorney before their incapacity, a court-appointed guardian (of their person) and/or conservator (of their income and assets) may be necessary.

legal protection preventing elder abuse

 

Staying proactive, addressing any suspected financial issues, and seeking assistance from an Elder Law Attorney are crucial steps in preventing elder abuse.  Your vigilance in helping to prevent this type of abuse can make a big difference in the life of others.  If you or your loved ones have been a victim of or suspect elder abuse, Paths Elder Law can help.  We focus entirely on helping with legal issues that impact seniors and their families.  Advanced planning can help protect you and your family from falling victim to abuse.  Contact Us Today to Schedule a Consultation.  

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Educational Seminar at Paths Law Firm

Paths Law Firm provides a Free Educational Elder Law Seminar every month to help you plan for your future.

Community Relations

Jeane M. Fracassa

Community Relations

Jeane M. Fracassa

Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

Administrative Assistant

Laura E. Messer

Administrative Assistant

Laura E. Messer

Laura is the Law Firm’s marketing assistant, supporting all marketing tasks, including managing calendars, researching upcoming events, updating marketing software and spreadsheets, and partnering with organizations to maintain relationships that benefit Paths Law Firm’s clients.  Laura is also the law firm’s professional photographer as she provides the professional photographs for the headshots, organizations, events, and networking.

Laura has over 10 years of experience as a professional photographer.  She is also Adobe and Microsoft Certified.  She graduated from Columbia College, Columbia, Missouri with her Bachelor of Arts degree, Magna Cum Laude, in Behavioral Psychology (minors in Social Work and Criminal Justice), and her Photographic Craftsman degree from Professional Photographers of America. She is certified as a Qualified Mental Health Professional, Certified Gentle Teacher, Medicaid Billing Certified, Crisis Intervention Counselor, and a Missouri Notary.

Laura has been married more than 26 years and has a daughter and a son. She has four brothers, a niece, and a nephew. Her four spoiled pets that love her attention. A lot of Laura’s off time is spent taking photos and she is an internationally published photographer. Laura owns a studio on the historic Independence Square. 

Administrative Assistant

Holly D. Bramble

Administrative Assistant

Holly D. Bramble

Holly is our newest member of the administrative team. She is hardworking, has proven organizational skills and excellent communication skills. Holly has transitioned to the Estate Planning field from healthcare administration where she gained valuable knowledge that has contributed to her success here at Paths.

Holly enjoys spending time with loved ones, cheering for the Chiefs, and relaxing on the beach.

Administrative Assistant

Tressa L. Purdy

Administrative Assistant

Tressa L. Purdy

Tressa has the important role of being a client’s initial point of contact as the law firm’s receptionist for all locations.  She also welcomes, assists, and cares for clients at the Lee’s Summit office. Additionally, she provides support in an administrative capacity for the attorneys, staff, and clients.  When you meet Tressa, the first quality many note is her readiness to be of assistance.

 

Tressa is a graduate of Park Hill High School with extensive administrative experience and executive level management. Tressa brings a stability and comfort to the law firm experience having worked in a variety of industries and having lived in six different major metropolitan cities.

 

Tressa has a daughter, two sons, and one grandchild.  In her free time, she enjoys her family and friends, loves being outdoors, gardening, bike riding and bird watching. Indoor hobbies include scrapbooking, painting cookies, and cheering on Chiefs football. She is a Kansas City native but enjoys traveling but is always happy to be back in her hometown.  

Attorney

Kathleen E. Overton

Attorney

Kathleen E. Overton

Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

 

After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

 

Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

Medicaid paralegal

Tena K. Dooley

Medicaid Paralegal

Tena K. Dooley

Tena is a Medicaid Paralegal.  She is very meticulous and organized.  She works closely with the attorneys, clients, and State representatives. 

Tena has an associate in applied science and has over 20 years of office management experience. She has two daughters and one grandson.

Tena enjoys spending time with her family.  She enjoys everything outdoors and her hobbies include fishing and gardening.

PARALEGAL & ACCOUNTANT

Sydney R. Morris

PARALEGAL & ACCOUNTANT

Sydney R. Morris

Sydney is the law firm’s internal accountant and one of their experienced paralegals having been with Paths Law Firm since 2017. She is a primary point of contact for estate planning and business planning.

Sydney graduated with honors from the University of Missouri Kansas City in 2022 with her Bachelor of Science Degree in Accounting. She is a Bloch Launchpad, Phi Theta Kappa, and National Honor Society alumni.

In her free time, Sydney enjoys spending time with her husband, reading, baking and going on long walks. 

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

Christy has three years of experience in elder law working for seniors and their families. She is currently the Senior Administrative Assistant and organizes the day to day functions of the office and makes sure everything runs smoothly. When asked why she loved what she does, Christy said at Paths Law Firm, she gets the opportunity to help clients in more ways than one. Her favorite parts of the job are getting to know the clients and helping them get their questions answered. 

Christy’s experience in the finance industry has been extremely beneficial to her role as the Senior Administrative Assistant. Christy has a special place in her heart for the elderly and attributes this to the relationship she had with her grandparents. 

Christy was raised in Ogden, Utah and moved to Independence, MO, when she was ten years old. She has been with her high school sweetheart for 25 years and they have two beautiful children together. Her daughter works in the medical industry, and her son currently attends High School and plays Baseball. When Christy is not working, she enjoys crafting and spending time with her family and friends.

Christy’s experience in the finance industry has been extremely beneficial to her role as Benefits Coordinator. There have been many influences that went into her decision to select the field of Elder Law. Christy has a special place in her heart for the elderly and attributes this to her relationship with her grandparents.

When asked why she loves what she does, Christy said that at Paths Elder law, she gets the opportunity to help clients in more ways than one. Her favorite part of her job is getting clients approved for Medicaid or VA benefits as it is a huge relief for them and their loved ones.

Christy was raised in Ogden, Utah, and moved to Independence, MO, when she was ten years old. She has two children that keep her busy and fill her life with joy! Christy’s daughter cheers for Avila University, and her son plays competitive baseball for the Bucks and races BMX locally for the Motorcycle Closeout Team.

When Christy is not working, she enjoys crafting and making homemade gifts for her loved ones and raising her kids to be healthy, happy, and positive humans.

 

Practice Areas

  • Medicaid Benefits
  • VA Benefits

 

Professionalc Memberships and Affiliations

  • Missouri Notary

FINANCIAL MANAGER

René A. Fracassa

Rene A. Fracassa, Paths Law

FINANCIAL MANAGER

René A. Fracassa

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

 

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

 

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

 

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

 

In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

MARKETING MANAGER

Hilary R. Tichota

MARKETING MANAGER

Hilary R. Tichota

Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.

While not working, Hilary spends her time with her family at their rural home. They tend to their chickens and honeybees and enjoy the solitude of country living.

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer A. Bronson

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer

Jennifer is the Sr. Paralegal and Operations Manager at Paths Law Firm.  She oversees the firm’s probate department as well developing, implementing, and managing all the firm’s administrative processes having been with the law firm almost from the beginning.  She enjoys client contact as well as behind-the-scenes operations.

 

Jennifer began her legal career in 1990 as a legal secretary.  She has worked in small and medium sized firms, as well as court operations.  She has her Paralegal Certificate from Boston University, Law Office Management Certificate from University of Central Missouri, and she is a Master Financial Coach. 

 

Jennifer has two daughters, twin sons, and twin grandsons.  She spends as much time as she can with them.  She enjoys reading, listening to podcasts, and tending her yard. 

ATTORNEY

Russell A. Fracassa (Rusty)

ATTORNEY

Russell A. Fracassa (Rusty)

When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

Practice Areas

  • Wills and Trusts
  • Estate Planning
  • Asset Protection
  • Medicaid Benefits
  • VA Benefits
  • Probate
  • Guardianship and Conservatorships
  • Education

 

BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

  • Rockhurst University
  • Liberty University
  • University of Missouri – Kansas City


Admissions to Practice

  • Missouri


Professional Memberships and Affiliations

  • State Bar of Missouri
  • National Academy of Elder Law Attorneys (long-time Member)
  • Elder Counsel (Charter and Ongoing Member)
  • Missouri Association of Trial Attorneys (Past Member)
  • Kansas City Metropolitan Bar Association
  • Missouri State Bar Committees – Elder Law, Estate Planning, Probate