Discouraging Elder Abuse in Connecticut

Lisa C. Dumond (J.D. candidate 2010, Quinnipiac University) has recently published her note entitled The Undeserving Heir:  Domestic Elder Abuser’s Right to Inherit, 23 Quinnipiac Prob. L. J. 214 (2010).

An excerpt from the introduction is below:

The elder population is a steadily increasing segment of the United States population and, as it increases, so too does the need for elder care. A major problem associated with the need for elder care is that too often the elder individual is neglected or abused physically, emotionally or financially. Tragically, statistics show that family-member elder abusers, also known as domestic elder abusers, account for an alarming number of elder abuse cases. While Connecticut does impose criminal sanctions on domestic elder abusers, there is no legislation in place that prohibits them from receiving a share of their elder victim’s estate. As there is no statute disinheriting domestic elder abusers, elder victims are left to disinherit these heirs through traditional methods. However, for various reasons described in this Note, many elders are unable to pursue those methods.

This Note argues that Connecticut is in need of laws that would strip family members or other beneficiaries of their right to inherit when it is determined they are abusers. Though elders may also be abused in institutional or non-family settings, family members are most often the abusers. Eliminating those abusers’ rights to inherit may be a first step in discouraging elder abuse.