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Estate-planning framework aims to prevent elder abuse, presenter says

May 09, 2024 | Utah Department of Financial Institutions, Offices, Departments, and Divisions, Organizations, Utah Executive Branch, Utah


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Estate-planning framework aims to prevent elder abuse, presenter says
Clea Harris, an attorney and founder of Angel Advocates Legal Services, urged conference attendees to use estate planning as a tool to reduce elder abuse and family litigation, saying practical steps taken now can spare families years of conflict. "If you don't choose, they will be chosen for you by a court," Harris said, stressing the importance of naming advocates and documenting wishes.

Harris opened by citing demographic context — "71 million baby boomers" and "about 10,000 retire every day" — then outlined a five-role team she recommends for every plan: an asset advocate, health advocate, legacy advocate, potential exploitation advocate and legal advocate. Each role is intended to cover distinct responsibilities, from managing finances to preserving family stories, and should be filled by people chosen for temperament and availability.

On asset protection, Harris warned against adding family members as joint owners of bank accounts. "Don't add people as joints on your account. Use a power of attorney, use a trust," she said, explaining that joint ownership can convert an elder's asset into a co-owned asset that cannot be easily reclaimed and can expose the elder's funds to the co-owner's liabilities.

Harris recommended a combination of documents — a properly executed power of attorney, advance health-care directive and, where appropriate, a trust — and advised families to complete an inventory of assets and heirlooms so agents can act without immediate court involvement. She described the potential exploitation advocate as a "rip cord" who can be consulted if an attorney or trusted party suspects undue influence or declining capacity, and she emphasized that this person ideally should not be a beneficiary.

Harris also urged counselors and attorneys to build processes for ongoing review. She said her practice checks in with clients yearly or every three years to ensure documents still reflect current relationships, assets and law. "You must be formal about this," she said, framing estate planning as both legal protection and a chance to foster family connection.

The presentation closed with Harris pointing attendees to educational materials she helped develop. "A BYU student team turned my living-care plan into an Angel Advocates Academy," she said, noting the resource is available through her workbook.

The session ended with a short question-and-answer period in which Harris answered attendee questions about specific risks and practical steps.

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