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Monday, December 14, 2015

Entitlement

Entitlement: This is the basic meaning of the word: something that you have a ​right to do or have, or the ​right to do or have something.

Now when we are "Entitled" to have something it usually means it is a part of a contract with jobs, a Government allotment that you are qualified for, something that is within your legal right to have or use.
When it comes to family it is usually something that you are guaranteed to have or use as well. Mostly in the form of a contract with a wedding or with a deceased person in the form of a will. Though there are other things that have entitlements attached to them.
And here is where it gets to be a sad state of affairs.
People that are "caretakers" of the elderly, a family member or members, doctor, lawyer, or some other person that is care taking gets the idea that what the elderly have because they are the caretaker the one "responsible" for making decisions, whether the inability of that said person due to illness, injury or just old age. They Entitle themselves in the belief that what is belonging to the elderly person they now have a "Right To Take". Sometimes because they feel that person has no need of it. Sometimes greed. It does not matter what is in the will usually as it becomes to them, because they have access, their right and not what is in a will.
On investigation of this ideology, speaking with family members, my own family case, and incidents I looked up, this is a rampant and really disgusting "theft" by taking advantage of the elderly, trust, families, love, and legal loop holes with in the law. 
Researching options we found that the government has enacted laws to prevent this. Now looking into this law it is a whole can of rotten worms disguised as a really good thing. I have absolutely no idea how in any form or manner someone that is handicapped by physical, mental or illness is capable of handling, and this is a big problem, and managing to even get a hold of the ministry to make a claim or complaint. The police will not look into it despite it being theft. They will not look into it with the theft of stolen items either if there has been a caretaker and especially family involved. The process is so far out of reach for anyone that it is basically, a sanction legal theft. The elderly have no rights and if they did no recourse if every thing is gone or spent. There is no way to collect on it even if there is a long drawn out court case, two years or more, and they have a winning decision. The length of time to get into court has no benefit to the elderly person and all the benefit to the Thief. Legal fees to fight it in court are horrendous with retainers usually in the $500 to $5000 or more range depending on the amounts disputed. The paper work is also horrendous. If there is no one to assist this is an absolutely daunting task for an able bodied person let alone one with a handicap.
A person that has been certified with dementia or other debilitating disease that makes it incapable for them to even know what is going on can have the caregiver, as above, sign a form and take control of all their life and assets.
When this is questioned by anyone nearly every person I spoke with has said that the person acting as caregiver used the term, as if it were a legality, "entitlement".
Then there is this. The elderly person gives implied consent or says you can use my things or money. He said she said. In a situation of helplessness how do you draw the line from coercion to actual consent. Legally a huge hole in the law and it is not to the good of the elderly person. Legal Theft.
Next up will be forms of abuse...

2 comments:

  1. Sometimes the elderly person doesn't want to give that "implied consent." What's next? A huge problem of convincing arises, and you know that you don't have the intention of any kind of theft...

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    1. That is where that fine line exists. Once there is an implied or convinced consent how does it go from one time for a bill or present etc. to just using the monies from there. Once consent is given for one time is it abuse if one "convinces" someone without the capacity to understand due to Alzheimers, dementia or other debilitating disease or condition multiple times. For what purpose is the money or item convinced from them. Is it a gift. A bill. A piece of equipment for them. A procedure. The factors of usage are pretty lax.

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