On The Beat 5/7/20 - Attorney Sarah Cline Stevens on Vulnerable Adults

Attorney-at-Law Sarah Cline Stevens talks to us about vulnerable adults and undue influence.

Troy thompson: welcome to on the beat everyone.

I'm troy thompson.

Joining me in the studio today is sarah cline stevens, attorney at law, and today we're talking all about vulnerable adults, and undue influence.

I think this is a very important topic.

Something that i asked you off camera.

I said, "i think there are many different types of vulnerability, when it comes to our loved ones as adults."

Troy thompson: so what do you consider vulnerable?

Sarah stevens: we're talking about someone who potentially is unable to care for themselves, or they're not able to do all the activities of daily living, like change their clothes, feed themselves, bathe, things like that.

Or maybe they have a physical, or a mental disability, and they're unable to make appropriate decisions for their care.

Troy thompson: okay.

Undue influence, what does that mean?

Sarah stevens: it's we're talking about somebody using some type of psychological persuasion over someone that overcomes your freewill, or makes you do something based on what they've done, that you would not otherwise independently have done for yourself.

Troy thompson: i want to put that into layman terms, if i may.

Is that someone that you've assigned to be your guardian?

Or is it someone that is just maybe close to you, that has no legal right to be unduly influencing you?

Sarah stevens: it could be either one.

Troy thompson: do you know what i'm saying?

What does it look like for me, that all of a sudden i see my mother being influenced in a way that i think this doesn't seem right?

Sarah stevens: you do not have to have any familial relationship for this potential of undue influence to come up.

It could be a friend, or a family member, or a neighbor, who's suddenly exerting this extra interest or control over a loved one.

And so certainly that's when we want to start paying attention.

Sarah stevens: first, is this person a vulnerable adult?

Are they capable of withstanding someone exerting pressure or persuasion over them?

And if they are susceptible to that persuasion, if they are a vulnerable adult, and they need assistance with their daily care needs, or things like that, then we want to start looking at, "well what is this person's motive?

What are they doing?

Are they acting in the best interest of my loved one, or not?"

Troy thompson: exactly.

Well, something that just sprung to my mind, i thought to myself, "if my grandmother's being taken advantage of, what are the signs that that could be happening?

What should i be looking out for, if i'm feeling a little funny about the next door neighbor?"

Sarah stevens: you want to start paying attention, is there a friend or a family member who suddenly appears out of nowhere?

They've not been involved, and all of a sudden they're there every day.

Are they prohibiting contact with others?

Like if your loved one's in a skilled care facility, and every resident in a skilled care facility in mississippi is considered a vulnerable adult, under mississippi's vulnerable adults act.

So that's important to note.

Sarah stevens: but if all of all of a sudden they're limiting visitors, or they're prohibiting phone calls, they take a cell phone away.

So suddenly they don't have the ability to reach out and contact someone else.

If they refuse to leave the person alone with doctors, nurses, other friends and family members, that should be raising some eyebrows.

Sarah stevens: your grandma could be saying, "oh, she's so sweet to me.

She's so lovely."

Or he, and i often think that could be a sign.

But are there laws in mississippi for if we find out someone is taking advantage of our loved one?

Troy thompson: yes, absolutely.

Mississippi has a vulnerable adults act, which is specifically geared towards helping protect against our vulnerable persons being taken advantage of, whether it's physical abuse, financial abuse, sexual exploitation.

There are so many different areas where our senior citizens could be potentially vulnerable.

Sarah stevens: is that a police report?

Or do i go and see a lawyer first?

Troy thompson: there's actually an attorney general's division for vulnerable adults, where you can go on, and make an online report, and you can anonymously fill that out, or add your name, or things like that.

But they're also mandatory reporters.

So as an attorney, i'm bound by law to make that type of report.

Caregivers and facilities are also bound under that law.

Sarah stevens: sarah, always great information.

I know everyone at home finds you most interesting, and you give us such great advice.

If you want to find out more about sarah cline stevens, attorney at law, of course there at all is up on the screen.

We'll be back after this short break.