Naomi’s husband Paul* was sleeping in a chair in the living room when she nudged him to let him know she was running out to a doctor’s appointment. As Paul emerged from sleep, he didn’t nod or bid Naomi goodbye. Instead, he immediately began to threaten to kill Naomi if she left the apartment. As though to follow through on this threat, Paul stood up from his chair and lunged toward Naomi.
Terrified, Naomi slipped out the front door and ran to her neighbor’s apartment in order to call the police.
Paul, a Vietnam veteran suffering from post-traumatic stress disorder (PTSD) and an alcoholic and drug user, was admitted against his will to the psychiatric ward of the local Veterans' Administration hospital. Drug tests showed that he was under the influence of marijuana and amphetamines. While being held at the VA, Paul continued to threaten Naomi’s life and his VA social worker reported these threats to the police.
Naomi contacted the Mystic Valley Elder Services protective services division, which assists elders who are being harmed or threatened with harm or neglect. Her caseworker at MVES helped her to obtain a temporary restraining order against Paul. Together, Naomi and her caseworker had Paul’s name removed from their housing authority lease and had her rent adjusted to reflect her single income. The caseworker provided Naomi with essential tools to protect herself and her safety, including a Safe-Link cell phone, inhalers, and food stamps. The caseworker even assisted Naomi in running essential errands.
Naomi and her caseworker also came up with a safety plan, including identifying friends she could stay with if necessary, and making plans to contact MVES if her friends were unavailable and she needed help finding a safe shelter. When Paul violated the restraining order by telephoning Naomi, her caseworker went with her to court and helped her advocate for herself and her safety. Paul now resides in a structured residential treatment program through the VA.
Naomi told her caseworker that MVES had saved her life.
This morning, Naomi's caseworker explained to her lawmakers now to make sure that all elders have the resources they need to seek protection from elder abuse.
Today, February 16, 2011, Senator Katherine Clark (32nd Middlesex District) and Representative Paul Brodeur (32nd Middlesex District) sponsored a legislative awareness event around the dangers faced by elders in our community. These two legislators have taken responsibility for increasing education and programming on the issue of elder abuse.
The forum convened experts working in the field of elder abuse, including Gerry Leone, Middlesex District Attorney, Marian Ryan, MDAO General Counsel and Elderly and Disabled Unit Chief, Al Norman, Executive Director of the Massachusetts Home Care Association, and me, Dan O’Leary, Executive Director of MVES.
Despite the tough economic climate, Senator Clark and Representative Brodeur are stepping forward as champions of elder safety. They believe, as I do, that we have a moral imperative to protect those most at risk.
A significant number of the elder abuse cases we see at MVES are domestic violence cases – whether they be partners, spouses, siblings, or children. Domestic violence is deplorable in any context, and there are specific dangers for elders in these situations, particularly if the elder is dependent upon another for his or her care.
If an elder in your life feels unsafe, call our Elder Protective Services unit for confidential assistance:
Reports of abuse in the Massachusetts cities of Everett, Malden, Medford, Melrose, Stoneham, Wakefield, Reading and North Reading can be reported during normal business hours by calling (781) 324-7705.
After normal business hours, or to report abuse anywhere in the state of Massachusetts, call the Elder Abuse Hotline at (800) 922-2275.
*Not their real names.
Am I responsible for Dad's debt after he dies?
"My father died last year with a fair amount of debt. As his memory deteriorated, he frequently forgot to pay the utilities and his credit card bills. There are also medical bills in his name from the months before his death. My sister and I have started getting calls from debt collectors asking us to make payments on his debt. My sister says that we aren’t legally required to pay our dad’s debts. Is that true? And if it is, how do I get these creditors to leave us alone?"
Let me put your mind to ease right away: you are not legally obligated for your dad’s debt. Unless your name is on the credit card account or you co-signed a loan for your father, you’re free and clear. Generally speaking, children, siblings, and other relatives of a deceased person can inherit assets (property, money), but cannot inherit debt.
A person’s estate is like a legal box holding everything they owned at the time they died. This property will sit in the box long enough for creditors of the deceased to make claims against the estate. If there are any assets left in the estate after the bills have been paid, they will go to the deceased person’s heirs. If the box is emptied before the creditors are all paid, the heirs receive nothing and the unpaid debt expires.
Unfortunately, we know that doesn’t stop the creditors from calling.
There have been a number of reports over the past several years of creditors using misleading tactics to get payment from deceased people’s relatives. Many creditors are trained to sound compassionate and they may even make you feel as though they’re doing you a favor by offering to set up a payment plan. The truth is, they are trying to get you to make payments on a debt that isn’t your responsibility.
It’s worth noting that in some cases, spouses may have responsibility for joint debt. Even in those cases, however, the federal and state laws prevent creditors from harassing you or using deceptive practices. If your spouse has recently died and you are receiving calls from creditors, make sure to talk to your estate attorney to find out your rights.
Are you an elder with a question about aging? Are you in a dilemma caring for an aging or disabled family member? Mystic Valley Elder Services’ trained advisors are available for no-cost consultations by calling 781-324-7705.
Do you have a question? Write to Dan O'Leary, Attn: Q&A, Mystic Valley Elder Services, 300 Commercial St., #19, Malden, Massachusetts, 02148 or send an e-mail to
questions@mves.org.
