Staying Fit
At its heart, the case against Anthony Marshall, the son of renowned New York philanthropist Brooke Astor, is no different from thousands and thousands of other crimes against elders: a trusted caregiver takes advantage of an older person’s declining state to enrich himself.
True enough. But that’s a little like saying the Queen Mary II and a dinghy are both boats.
AARP Membership— $12 for your first year when you sign up for Automatic Renewal
Get instant access to members-only products and hundreds of discounts, a free second membership, and a subscription to AARP the Magazine.
In many ways the Astor case, which ended in Manhattan last week with Marshall’s conviction on charges that he defrauded his mother, was a once-in-a-lifetime legal saga. It showcased A-list celebrity witnesses like Henry Kissinger and Barbara Walters. It peered voyeuristically into the opulent lifestyle and dysfunction of the grande dame’s family. And it laid bare the financial and legal machinations it took to siphon off a $185 million fortune.
All of that glamour, glitz, gossip and detail through 19 weeks of daily full-press coverage could have overwhelmed the elder abuse issue at the case’s core.
But it didn’t, elder abuse professionals and experts say. In fact, there are signs that the trial raised the public’s awareness and understanding of elder abuse. It’s likely that prosecutors will be emboldened to bring more suspected abusers to trial. And the Elder Justice Act, a bill that would authorize millions of dollars to protect older people, but which has languished in Congress since 2002, might have received a boost from the trial’s publicity. It was attached as an amendment to the health care reform bill approved by the Senate Finance Committee this week.
Elder Financial Abuse
Knowing what money normally goes in and out of a loved one’s checking account is a good way to spot elder financial abuse.
(Prime Time Focus)
The Astor case also brought to the fore crimes often overlooked as elder abuse: financial exploitation, for example. After deliberating for 12 sometimes contentious days, the jury convicted Anthony Marshall, who turned 85 during the trial, of committing a scheme to defraud, grand larceny and 12 other counts of financial misdeeds. Marshall’s lawyer friend and codefendant, Francis X. Morrissey, was also found guilty of forging one of Astor’s wills.
“This case raised awareness to a new level on what constitutes elder abuse,” says Robert B. Blancato, national coordinator of the Elder Justice Coalition, which includes AARP.
That wasn’t expected three years ago when a petition filed by Astor’s grandson Philip Marshall to have Anthony Marshall, his father, removed as his grandmother’s guardian thrust the case into public light. “The big issue we were concerned about was the psychological abuse, which was prominent,” Philip Marshall told the Bulletin. “Undue influence would be a polite way of describing this. But it went far beyond undue influence. This was psychological warfare in an effort to get what they wanted out of her.”
More From AARP
11 Ways to Fight Election Disinformation
The 2024 election is on the horizon. How can you tell if photos, videos and stories are real?Social Security Trustees Project Shortfall by 2034
Forecast moves up date when benefits could be cut