Elder abuse???

Asked over 1 year ago - Melrose, MA

Hi, I live in Ma. and We're having a problem with my stepson. He lives in his grand parents basement with his girlfriend, collects disability and visits the methadone clinic once a day. He states that he has a co-pay of $350.00 a day and his grandparents are paying this. He also says the clinic will not give him a receipt and that they can only drive him to a certain point when he gets his dose. My in-laws are using their savings as well as life insurance policies to support his habit. My question is, what can we do? They own some property and we're afraid this will be sold and used for his "habit." I know this is a form of elder abuse and have spoken to the elder abuse hotline but unless they say they need help, they won't get any. Is there another way to get this kid out of there?? Thanks

Additional information

Hi, thanks for the answers but I need to know what I can do since I have already contacted the elder abuse hotline as I stated. The hotline cannot do anything if the abused say there is nothing wrong which is why I'm asking for any additional help. Thanks!

Attorney answers (7)

  1. Emma A. Kremer

    Contributor Level 15

    12

    Lawyers agree

    Answered . If your inlaws are unreceptive to your assistance and you suspect elder abuse you can file a complaint by calling the Elder Abuse Hotline, 800.922.2275 and an investigation should follow if what is going on constitutes elder abuse. It may be difficult if your inlaws are willing to support your step child but you can still call the hotline. If your inlaws are incapable of managing their own affairs, you may want to consult a elder law or family law attorney for further information or assistance with respect to possibly getting a fiduciary appointed to watch out for their best interests. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.)... more
  2. E. Alexandra Golden

    Contributor Level 19

    10

    Lawyers agree

    Answered . Just to add to the above, please note that if the elders are competent and do not want the help, Protective Services is not allowed to intervene as a matter of law.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  3. Joseph L. Morana

    Contributor Level 7

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I am sorry to hear you had no luck with the elder abuse hotline. Another possibility for relief is to contact the police; and if that does no good, I would go to your local district court and speak with the clerk. The conduct you are describing is essentially larceny; specifically it is called larceny by trick. This is when one (your stepson) steals another's (his grandparents) personal property (money) by fraud (here, by deceiving or "tricking" his grandparents; and his grandparents are acting in reliance of his misrepresentation). I'm not sure this will work, but I do believe it is worth trying. Best of luck.

  4. Kelly Scott Davis

    Pro

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . Follow Attorney Kremer's advice and call the Elder Abuse Hotline. Your name will be kept confidential. Often seniors who are being abused by a family member are afraid to speak out, but Adult Protective Services has experience handling these issues.

  5. Lawrence A Friedman

    Contributor Level 18

    9

    Lawyers agree

    Answered . If the office of adult protective services doesn't find sufficient elder abuse to act, little comes to mind unless you can convince the police to act, convince your in-laws they are being cheated, or obtain guardianship. Nevertheless, a consult with a local elder law attorney may turn up additional options.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  6. Denise Leydon Harvey

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . You may want to contact the clinic and ask what the co-pay actually is. I do not think it is $350 / day, particularly if he is receiving disability benefits. You can take the info you get to your in-laws so they can see what he is doing. Then they may be amenable to getting elder services involved, or at least take steps to stop the shake-down. Good luck -

    Please note: The above is for general information purposes only. It is not intended to establish and does not... more
  7. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I know you have received a lot of answers and feel you are in a hopeless situation.
    One thought would be to have a guardianship attorney write a letter suggesting your concern
    that the stepson is taking advantage of and abusing them and the only remedy might be a
    guardianship hearing to examine the situation.
    If they are clueless as to what is happening and helpless to stop it-this could be a path to attempt.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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