FINANCIAL EXPLOITATION OF OLDER ADULTS

Transcription

1 FINANCIAL EXPLOITATION OF OLDER ADULTS PRESENTED BY: Nicole Zimmer, Elder Rights Project Director,

2 PRESENTATION OBJECTIVES 1. Recognize the many forms of Elder Financial Exploitation 2. Reduce the risk of Elder Financial Exploitation for yourself, your clients, and your loved ones 3. Refer victims of elder financial exploitation to the Elder Rights Project and other resources

3 Eld e r Ab use : Hid d e n Epid e mic 10% of people 60 or older are affected 50% of people with dementia are affected As few as 1 in 23 cases are reported, fewer are prosecuted Financial exploitation is the most common form of elder abuse

4 Eld e r Ab use : Dire Co nse q ue nc e s Premature death and increased hospitalizations 5.3 billion in heath care costs Loss of wealth to Individuals/Families Businesses Medicare/Medicaid

5 Why Ta rg e t Old e r Ad ults? Regular income Accumulated assets Trusting, polite Lonely, isolated, dependent on others Vulnerable due to grief Lack of experience with financial matters Cognitive decline Traits may be real or perceived.

6 Wha t is Fina nc ia l Explo ita tio n?

7 Ta king a n o ld e r a d ult s mo ne y, pro pe rty, o r b e lo ng ing s b y: Manufacturing consent Abuse of financial authority Stealing personal information Forging signatures or documents

8 What is elder financial exploitation: Manufacturing Consent Obtaining, or receiving for less than fair market value, an older adult s money, property, or belongings by: Deception (lies, misrepresentation) Enticement (false promises) Coercion (threats, relentless persistence) Compulsion (no other choice) Force (violence of threats of violence) Absence of informed consent Presence of undue influence

9 Example s: manufac turing c onse nt Mother gives house to daughter after daughter promises to care for mother for the rest of her life. Once deed is signed, daughter kicks Mom out and mortgages the house. Much younger woman starts dating an elderly, cognitively disabled man and gets him to pay her rent, utilities, cell phone, etc. Step-father allows his daughter to move in temporarily. She brings several other people into the home, refuses to leave, and does not pay rent or expenses as promised.

10 Example s: manufac turing c onse nt Imposter scams: grandchild in trouble, lottery winner, true love stuck in Nigeria

11 What is elder financial exploitation Abuse of Financial Authority Substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities. Fiscal agents include: Power of attorney for property/finances Representative payees Conservators Guardians of the estate Informal agreement to pay bills?

12 Example s: abuse of financ ial authority Granddaughter uses her authority under a POA-F to transfer two deeds into her name and take $30, from Grandma s savings. Nephew uses his authority under a POA-F to cash in his aunt s stock and purchase a summer home up north. Neighbor obtains POA-F over a grieving widower and immediately starts taking money from the elder s account and using it to pay his own bills and buy things for himself.

13 What is elder financial exploitation Identity Theft Unauthorized use of someone s personal information or documents (SSN, PIN, credit card, etc.) to obtain something of value. Use of existing credit/debit cards Opening new credit cards Opening utility accounts Taking out a payday or other installment loan Note: Equifax situation is a data breach until someone uses the stolen information to obtain something of value.

14 Example s: Ide ntity The ft Son takes Mom s credit card from her purse and uses it without her permission to buy things for himself. Son who lives with Mom takes the credit card application from the mailbox and opens a new account in Mom s name without her permission and buys things for himself. Grandson uses grandpa s personal information to electronically co-sign his student loan.

15 What is elder financial exploitation Forgery Falsely making or altering any writing with intent to defraud Examples: Elderly woman gives her roommate her purse for safekeeping when she goes into the hospital. He writes several checks to himself while she is gone and forges her signature. Niece forges her aunt s signature on a quit claim deed transferring ownership of the property to herself.

16 Re d uc ing the Risk o f Eld e r Fina nc ia l Explo ita tio n

17 Wa rning Sig ns o f Fina nc ia l Ab use Basic needs being unmet Poor physical condition (dehydration, malnourishment) Unusual banking activity especially large, even numbered withdrawals Inability to explain the nature/consequences of the transaction Disappearance of financial/legal docs or checkbooks Strained or tense relationships with family (AODA, mental illness) Withdrawn/Isolated/Submissive

18 Tip # 1: Put yo ur trust in the rig ht pe o ple Don t appoint someone with money problems or vices as your fiscal agent Beware new friends who offer to assistance Require your fiscal agent to provide a regular accounting to you or someone you trust

19 Tip # 2: Re vie w fina nc ia l sta te me nts a nd c re d it re po rts re g ula rly 60 days to dispute fraudulent credit card charges, as little as 7 days to dispute fraudulent debit card charges Free report from each agency once per year Free report if you are the victim of fraud or identity theft

20 Tip # 3: Ke e p pe rso na l info rma tio n priva te SSN, birthdate, bank account numbers, credit card numbers, PINs, and passwords (liable for MISUSE of these things) Shred, shred, shred Beware phone calls or e mails from the IRS, Social Security, Medicare, your bank, etc.

21 Tip # 4: Do n t wire mo ne y Preferred method of payment by scammers Same as giving someone cash No protections, unlike credit cards, debit cards or checks Report scammer to the FTC and the wiring agency

22 A RESOURCE FOR FINANCIAL EXPLOITATION VICTIMS

23 Sta te wid e Co lla b o ra tio n LEGAL ACTION OF WISCONSIN southern counties Free civil legal aid to low-income and elderly people JUDICARE northern counties 11 American Indian tribes Free civil legal aid to (mostly) low-income people

24 Vic tims o f Crime Ac t (1984) Goals for Victims Response to physical, emotional needs Stabilize lives Understanding of, participation in, criminal justice system Safety Funding Fees and fines of convicted federal offenders

25 Elig ib ility Wisconsin resident 60+ Victim of crime (elder abuse) Civil legal need related to victimization No income or asset limits No criminal charges, convictions or police report required

26 Se rvic e s Protection Orders Domestic abuse/harassment Individual at Risk Landlord/Tenant Matters Defending evictions related to abuse Evicting abusers Review/Revoke abusive POAs Recover money and property Foreclosure defense Identity Theft

27 Ho w to re a c h us Option 1: Referral from a social service agency Option 2: Call the toll free intake line at open Monday through Friday from 8:30am to 4:00pm Note: we need to speak with the potential client directly.

28 Que stio ns?