Social worker for Cork and Kerry warns of 'disgusting' elder abuse by families to swindle money

Warning about family members who use 'next of kin' status to swindle older people's money

In one case in the Cork and Kerry region, 'a solicitor was asked by a next of kin to visit an older person in their hospital bed to discuss changing the will'. File picture: PA

A senior social worker for the Cork and Kerry region has warned of 'disgusting' financial abuse of elderly patients by family members who use 'next of kin' status to swindle their money.

In one of the worst cases, a relative of an elderly person, who was sick in hospital, sent in a solicitor to have a will changed at the hospital bedside when the patient was suffering from a progressive illness.

Aisling Murphy, the HSE safeguarding and protection social worker for Cork and Kerry, warned that too many people exploit the "myth" that being a next of kin gives them legal rights over a relative.

“It’s disgusting, what people are capable of doing is disgusting," said Ms Murphy.

“We came across one situation whereby a solicitor was asked by a next of kin to visit an older person in their hospital bed to discuss changing the will while they were in hospital.

“We have also seen an older person diagnosed with a progressive illness, where they have been accompanied to their solicitor to change a will by a family member.

“All too often, it's by a next of kin. For some reason, it is deemed that ‘next of kin’ has some legal standing which it absolutely doesn’t. 

It has no legal standing, a next of kin is a point of contact only.” 

She warned that if an older person has money, a house, or land, they can too often be abused if they become ill or incapacitated.

Official data shows an increasing number of people are reporting abuse of older people to the HSE. In Cork and Kerry, 341 concerns of abuse of older people, including financial abuse, were reported to the local HSE safeguarding and protection team last year.

“You could have mam or dad diagnosed with a cognitive impairment, from dementia or Parkinson’s, and they are accompanied to the bank to withdraw significant sums of money,” said Ms Murphy.

“Or they sign a transfer to the next of kin for their bank account. You are talking thousands [of euros].” 

The Fair Deal nursing home scheme, which funds nursing home care based on a person’s income and assets, is also open to family abuse, Ms Murphy said.

You have Fair Deal applications being blocked by a family member, a next of kin, or a carer because it is seen as giving the State your inheritance money.

“You could have mam or dad with high-care needs who would be happy to be in a nursing home, but that is blocked because the State would get the money that some family members believe they are entitled to.” 

Ms Murphy has witnessed this happening even when the relative is unable or unwilling to care for their parent.

The HSE has highlighted that relatives who are worried about potential abuse, healthcare workers, or other people who interact with an older person can contact safeguarding teams for help.

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Ms Murphy has also urged the public to learn about the Assisted Decision Making Act, which established the Decision Support Service, offering tools for any adult who wishes to plan ahead by way of an advance healthcare directive or a revised form of an enduring power of attorney.

“Planning ahead is important for every one of us because we don’t know what is around the corner,” she said.

“If we cross the road tomorrow and we’re in an accident and have a brain-acquired injury, if we don’t plan ahead, our wishes, our preferences will not be respected.” 

• Contact HSE Safeguarding confidentially on 021 4927550.