When Protectors Become Predators: Exposing Professionals Who Exploit Their Senior Clients

A few months ago in Miami, a real estate agent misused the power of attorney against a client. The agent bequeathed himself $1.6 million in oceanfront real estate that belonged to this customer, according to investigators.

Also this year, in Western Kentucky, an elder law specialist pleaded guilty to exploitation of an older adult, and possession of forged documents.

Real estate and legal professionals have a duty to deal ethically with others. But some betray their professional responsibilities.

Sinister Agent Helps Client Die, Grabs Beach Property

A real estate agent working for a couple, both aged 60+, willed himself a home on Flagler Beach (near Daytona) that belonged to one of them. According to investigators and the Volusia County sheriff, it was the real estate agent who signed a “do not resuscitate” order. Medical professionals then took the deed holder off life support. The rogue agent wanted to develop the oceanfront land into condos or a hotel, said the sheriff in a press statement.

It all started when the two Floridians, who’d been in a domestic partnership that spanned more than three decades, hired an agent to help them with selling. The agent concocted lowball offers to present to the couple, according to law enforcement.

Know your property’s appraisal value. When selling, make sure the offers match the value of the deed.

Some time later, it happened that both of the partners had to go into the hospital. At that point, say investigators, the real estate agent signed a power of attorney document over to himself, thereby gaining control over health decisions and property transfers.

Three homes were deeded to one of the men as sole property. This was the deed holder who died in the hospital. The agent had created a will that let him take over the deeds held by the deceased.

The couple’s agent was arrested under charges of elder exploitation. He’s also accused of misuse of personal identifying information, and of cleaning out the victims’ bank accounts, taking a vehicle that belonged to them, and going on shopping sprees with their credit cards. Another agent also faces criminal charges in the case, involving a fake life estate deed created to transfer real estate.

Elder Law Attorney Pleads Guilty to Scamming a Senior

A Kentucky attorney pleaded guilty this year to multiple charges involving exploitation of an older adult.  This lawyer ran a firm called Western Kentucky Elder Law.

As with the Florida case, the lawyer falsified a power of attorney. The lawyer also managed to fake a house deed and take over a qualifying income trust — an account for keeping extra income, so that a person can receive Medicaid benefits. The Kentucky Office of Medicaid Fraud and Abuse Control rang the alarm, and a county grand jury heard the felony charges last summer.

Prosecutors outlined a series of actions from mid-2019 through April 2021. Sometimes working with other suspects (including the receptionist and the accountant at his firm), the lawyer methodically took control of the victim’s money and property.

“The development is sending shockwaves through the legal community and raising eyebrows among residents of Owensboro,” wrote one local reporter. If the case was indeed a shocker, this implies that clients would have been unlikely to spot red flags. When the same lawyer who is supposed to protect older adults is fleecing them, victims are hardly in the position to know. But it’s best to be aware that such things are, in fact, happening.  

Does Something Feel Off to You About a Professional’s Conduct?

If you or a vulnerable adult you know experiences exploitation — by a real estate professional, attorney, or someone else — help is available. And you can report elder exploitation or ask questions confidentially. If you encounter Medicaid abuse, you can call your state’s Medicaid’s fraud line.