The Truth About Getting A Trusted Contact Person for Your Clients

The Truth About Getting A Trusted Contact Person for Your Clients

It seems that regulators are fond of creating new mandates for you without telling you how to implement them and what risks might be involved. The new FINRA rule that says you must "try" to get a trusted contact person (TCP) for new clients is illustrative.

First of all there is no firm requirement that you actually get a TCP for anyone. All you have to do is make an attempt. If the client says "no", you're out of luck in trying to solve any problem that may exist without anyone to call in the event of an issue you see. Such issues might include someone ripping off your client or your client really losing his marbles. The intent of the rule was good. The idea was to increase protections for vulnerable elders. It's just that the way clients act and the issues you are sure to see with one TCP have been ignored in regulators' creation of this mandate.

Research has given us important information about protecting elders from financial abuse. We know that family members are the most frequent abusers of elders. Guess who most elders would think of as a TCP? The family member, of course. The idea of a single TCP is flawed from the outset. If the idea is to keep your client financially safer, you don't want to be limited to the potential abuser as the TCP. That defeats the purpose.

Here at AgingInvestor.com we are on a mission to keep elders safer. We make every effort to fill in the blank places your regulators leave when they come up with a mandate like getting a TCP for your clients. Here are our recommendations on this subject and why we say what we say about TCPs.

First, we believe every advisor should not only "try" to get a TCP for every client--we think you should insist on it as a matter of your intelligent, proactive senior office policy. Every client, new and existing should be approached with a courteous, respectful explanation and request to name a TCP you can contact in case of need. You let clients know that you have a policy to protect them from potential predators who are out there trolling for your clients, particularly the seniors. You could write this explanation and request up and send it around or bring it up at every portfolio review.

Next, we recommend that you get not just one TCP for every client, but three. The reason for this is that since family members are often the abusers of vulnerable people, you need someone else to call if "sonny boy" is ripping off dad's account and dad is too impaired to realize it. "Sonny boy" just might be the one TCP his dad, your client named and you would then be stuck with no way to protect your client in that situation.  Someone outside the family would be ideal. This could be the estate attorney, a competent friend, or a clergy person your client trusts. Any of them would need to be able to intervene when learning of suspected financial abuse of your client. A third TCP could be another family member your client also sees as trustworthy.  With information going from the advisor to three people at once, the risk of abuse is lessened and the chances of effective action in the event of abuse are increased.

Finally, we recommend that you consider all the risks involved in a decision to reach out to the TCP when you see red flags of diminished capacity in your client, or when you see warning signs of financial abuse of your client.  You do need a written internal office policy that directs you as to the observations, documentation and steps to take when an issue comes to your attention. Legally, you are probably on firm ground, carrying out the intent of the FINRA regulation. However, you don't want to set your client up for harm.

For instance, if the client is in the middle of a contentious divorce and the ex- spouse is the TCP, do you want to release information about your client's finances that could harm your client in the divorce proceeding? Give yourself time to discuss the options with other, knowledgeable people in your office, or group. The value of having a proactive office policy for aging clients in this situation is that you have others to ask and weigh in with their points of view.

If you are not sure about the red flags of diminished capacity and what you should look for, get your free downloadable checklist here. Likewise if you are not clear about classic warning signs of financial abuse get your free checklist for those here too.

Need help with that smart, proactive senior office policy? Ask for a consultation at AgingInvestor.com and get the guidance you need from our nurse-lawyer, geriatric psychologist team

 

Carolyn Rosenblatt, RN, Elder law attorney, AgingInvestor.com

<p><code> </code></p><div class="signature"><table style="border: 2px solid #999; border-style: solid; background-color: #f5fff5;"><tbody><tr><td style="width: 110px; vertical-align: text-top; align-content: center;"><div style="border: 1px solid #eee;"><img class="alignleft" src="http://www.aginginvestor.com/wp-content/uploads/2015/04/DavisRosenblattPublicityPhoto.jpg" alt="" width="123" height="116"></div></td><td><h4>Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com</h4><p>Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.</p><p>Dr. Mikol Davis, Psychologist, Gerontologist offers depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.</p><p><a href="http://www.aginginvestor.com" target="_blank" rel="noopener">AgingInvestors.com</a> offers accredited cutting edge on-line continuing education courses for financial professionals wanting to expand their expertise in best practices for their aging clients. To learn more about our courses click <a href="https://agingparents.leadpages.co/ceu-choices/" target="_blank" rel="noopener">HERE</a></p></td></tr></tbody></table></div>

Advisors: Warn Your Older Clients About This Vicious IRS Telephone Scam

Advisors: Warn Your Older Clients About This Vicious IRS Telephone Scam

You may have heard of the fake calls from thieves pretending to be from the IRS. It can be a threatening robocall. Or it can be a male with an aggressive manner telling the recipient of the call that they will be arrested for owing back taxes if they don't pay immediately. These criminals carefully select older people and anyone they consider vulnerable to their fake pressure. Your aging clients could be a target and scammers want to terrify them.

How do they get the names of our aging parents? They buy them. Information is for sale, from lottery entry forms, contests, magazine subscriptions and from hacking whatever can be hacked. Identity information can even be purchased on the black market. "Information brokers" have been around for decades and so have these telephone scams. Supposedly, the entities that sell the names don't care what the buyer does with them. There are likely millions of names and telephone numbers available to the scammers, given the nationwide nature of their ripoff efforts. Apparently, names and numbers are very easy for them to get.

Here's how it works: The caller catches the unsuspecting older person off guard. The call is official sounding: "This is Officer James with the Internal Revenue Service and I am calling about an urgent matter! Do not hang up!" Sometimes they are even able to secure a fake caller ID that says "IRS" or looks like a legitimate government entity to those with caller ID. There were also reported cases when they used the name and email address of a CFPB employee.

They then tell the stunned elder that they or their spouse has an overdue debt to the IRS and if it is not paid immediately they will be arrested. Of course, they want the elder to use a wire transfer or a prepaid debit card so the thief can't be traced. The frightened person will hurriedly comply and realize only later that it was a scam. In the moment of reacting to the threat, they are not thinking clearly. They are moved by fear--just what the thief was hoping for.

No matter how many public service announcements are sent out, and no matter how many Federal Trade Commission, AARP or National Center on Elder Abuse warnings are posted, the scam is still working. We at AgingParents.com think the best way to keep our aging loved ones financially safer is to personally warn them yourself about these scams. They will probably listen to family more readily than they would seek information from the internet or official sources trying to spread the word. Of course, the IRS will never, under any circumstances call someone and demand payment of a debt. Their official communications about taxes are by snail mail.

If these evil scammers were not successful, they would stop doing this. But sadly, it works and they are relentless. My neighbors, many elders, have reported that they have gotten these calls this week. Beware. Please take the time to alert your loved ones to this problem. And don't think your mentally alert aging loved one is too smart to fall for this. No one is immune from being shocked and intimidated by a sudden call. It can happen to anyone.

We at AgingInvestor.com think the best way to keep your older clients financially safer is to personally warn them yourself about these scams. They will probably listen to family more readily than they would seek information from the internet or official sources trying to spread the word. Of course, the IRS would never, under any circumstances call someone and demand payment of a debt. Their official communications about taxes are by snail mail and that is not likely to change anytime soon.

If these evil scammers were not successful, they would stop doing this. But sadly, it works and they are relentless. My own neighbors, many elders, have reported that they have gotten these calls this week. Beware. Please take the time to alert your clients to this problem. And don't think your ever so sharp client is too smart to fall for this. No one is immune from being shocked and intimidated by a sudden call. It can happen to anyone.

If you want to send a friendly letter to your clients about this scam and don't have time to put it together, we make it easy for you. Just go to this link and download a free pre-made letter to send out.

Revise it with your name or firm name and you'll look good by showing that you do care about their financial safety. You'll never regret doing your part to thwart thieves and prevent financial elder abuse.

 

Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com

Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.

Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.

They are the authors of "Succeed With Senior Clients: A Financial Advisors Guide To Best Practice," and "Hidden Truths About Retirement And Long Term Care," available at AgingInvestor.com offers accredited cutting edge on-line continuing education courses for financial professionals wanting to expand their expertise in best practices for their aging clients. To learn more about our courses click HERE

Warn Your Clients About This Fake U.S. Marshal Scam

Warn Your Clients About This Fake U.S. Marshal Scam

The Federal Trade Commission makes every effort to warn consumers about the latest scams and the information is important. However, your investors are not likely to spend time browsing through the FTC website for scams. We at AgingInvestor.com are passing on a warning for you to share with your clients. We want them to love you for how much you take care of them. When they get a friendly letter or email from you, that shows you're paying attention to them.

Let them know about the fake U.S. Marshal scam. Here's how it works:

The scammers get phone numbers from lists of potential targets. It is no secret that telephone numbers of seniors, in particular, are bought and sold by unscrupulous people. This scam is not limited to elders, but they are especially vulnerable, having been raised to generally respect authority. The scammer has a fake phone ID and number and perhaps even a real badge number stolen from the Marshal's office. So your client might have caller ID and see "U.S. Marshal" on it. It's intended to scare them. It works.

The caller says the target is delinquent in reporting for jury duty and there is a fine due immediately which must be paid. The caller threatens that the Marshal will arrest the target if he or she does not pay immediately. Of course, there is no such consequence for failing to report for jury duty and there was no summons for Federal jury service the target ever got. Never mind that, the target reacts out of fear.

When we react out of fear, we're not logical. Why would a U.S. Marshal insist that anyone buy a pre-paid gift card for cash or wire money? That never happens. This may sound very obviously phony to you, but your aging client can be fooled by it. Perhaps the client is a bit forgetful and is terrified that he forgot about a jury summons. Or she thinks she is about to be taken away and she complies, feeling she has no choice but going to jail.

The takeaway is this. Please send a communication to all your clients that warns them of this scam and advises that you are looking out for their financial safety. You need to tell them:

  1. Don't ever wire money or buy a prepaid card for anyone who contacts you by phone making threats, no matter who they say they are.
  2. Thieves get phony caller ID and can look real but they are not.
  3. Never give out any personal information such as your address, date of birth, your credit card number, your social security number or any other private data to a caller. If you call a company on your own and need to give this information that's different. If anyone calls you and asks for it, hang up.

Your client can report attempts made by scammers to the Federal Trade Commission online. However, these thieves are hard to catch. They change states and phone numbers faster than law enforcement can track them. Finally, do not, as a financial advisor, assume that your smart, educated or savvy clients would never fall for these phony calls. Over $36B is stolen from elders every year in this country. Even the smartest people can be caught off guard. Warning everyone is a small thing but could save one of your clients from painful loss and ID theft.

We have form letters you can use, YouTube videos and lots of other tips to help you help the older clients in your book. Check us out at AgingInvestor.com.

 

Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com

Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.

Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.

They are the authors of "Succeed With Senior Clients: A Financial Advisors Guide To Best Practice," and "Hidden Truths About Retirement And Long Term Care," available at AgingInvestor.com offers accredited cutting edge on-line continuing education courses for financial professionals wanting to expand their expertise in best practices for their aging clients. To learn more about our courses click HERE

Should You Encourage Your Client To Use A Professional Fiduciary?

Should You Encourage Your Client To Use A Professional Fiduciary?

Some of your older clients do not have family or they have no family they trust. Some know that their adult kids don't get along and if both are on the estate documents, fights will be inevitable. You worry that as they age, some clients are going to need help with finances and their trust management and they shouldn't count on family. When a client names one's best friend to serve in the role of successor trustee may sound fine when they're 50 years old but it's not so fine when they're 90.

The successor trustee of your client's estate can do a lot of good or harm when he or she takes on that role. The person appointed to be the agent of a durable power of attorney is also in a position of tremendous power. Who should serve in that capacity? Should it be family or a professional outside the family?

Most often, your client appoints adult children or trusted people in their lives for this job. The danger arises when the adult child appears to be motivated to steal money or manipulate the elder into giving or loaning it to him. If it is a best friend, and both are aging, there is no assurance that the friend will survive long enough to help when needed or be competent to do so.

I once had a widowed client, living alone, no family in the U.S. who had appointed her best friend to be her successor trustee. I asked my 89-year-old client about the friend. "She lives right down the street", my client told me. When I asked how old the friend was, she told me "88. She's really sharp though, even though her vision is going". I suggested she find a licensed fiduciary to take her friend's place.

This could be your client. Time to step in and get the client to change that original, now unrealistic plan.

When you, the financial advisor see situations with clients in your book who are aging, and you know they will need someone trustworthy to help them with managing their estate and finances, you need to act. Here are some basics every advisor should know and do.

1. Get to know your client's estate planning attorney, with written permission to communicate with her from your client. That is simple. Ask whether the estate plan is updated. Find out if the successor trustee is reliable, or in financial difficulty with potential motivation to steal. Team up and work together. If there is no estate planning attorney, give your clients some names of reliable lawyers you know and encourage making an appointment right away.

2. Ask your client about their appointed agents on both the family trust and any power of attorney document. Invite them to a meeting. Discuss the future for your client with the agent(s), particularly long-term care issues, budget and resources the successor might have to manage over your client's lifespan.

3. Know reputable professional fiduciaries in your area and keep their contact information handy so you can refer your client to a list of them. Fiduciaries are not all created equal. Some are very helpful and can protect a vulnerable client from financial harm. Others are just not competent to do the job and shouldn't be in it. Choose and vet your list carefully.

To understand more about best ways to manage aging clients and keep them financially safer, check out our book, Succeed With Senior Clients: A Financial Advisor's Guide to Best Practices.  It's a great start. And you can get up to 10 hours of CE credit for reading it! Get yours here.

 

Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com

Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.

Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.

They are the authors of "Succeed With Senior Clients: A Financial Advisors Guide To Best Practice," and "Hidden Truths About Retirement And Long Term Care," available at AgingInvestor.com offers accredited cutting edge on-line continuing education courses for financial professionals wanting to expand their expertise in best practices for their aging clients. To learn more about our courses click HERE

Intrusion or Just Being Safe?  Why You Need Closer Monitoring of Aging Clients

Intrusion or Just Being Safe? Why You Need Closer Monitoring of Aging Clients

Most financial advisors with aging clients often find themselves in the dilemma of just how involved they should get when it comes to their clients. You talk with them for portfolio reviews, but what if they show signs of diminished capacity in those conversations? Should you meet with them to talk about it or just wait until "something happens"? A critical point that every financial advisor needs to know: if your older client shows signs of mental decline, something is already happening. You don’t have the luxury of waiting. Research makes it clear that the ability to manage finances is the first thing to go downhill when a person begins to develop Alzheimer's disease or other forms of dementia. There could be other reasons for cognitive decline too. Don't make the mistake of ignoring it.

At AgingInvestor.com we recently heard a story that reinforces the importance of staying vigilant for your aging clients. Penny is 93 and until recently, the professionals in her life saw no particular reason to be concerned about her mental status. She was usually clear in conversation. Her accountant thought she was ok but failed to see mistakes and changes. But Penny was managing seven separate real estate investments and no one in her family, particularly her son, was helping her. Her son may have thought she was fully capable. She had been successful for decades. No one anticipated that she might become impaired late in life. But then her lawyer, living in a different city, wanted her to sign a document and have it notarized. She got confused and insisted that it be done incorrectly. The document came back a mess. Her lawyer did not heed these red flags that something was wrong and thought Penny was probably ok. He attributed the error to "normal" forgetfulness. Forgetfulness is a warning sign that closer monitoring of the older person needs to start right away.

Penny’s son eventually got her to a doctor who wrote a letter with the opinion that Penny was no longer able to manage her personal and financial affairs. Her son began taking over managing the property but was not prepared for what he found. Of the seven real estate holdings, five had IRS liens! One had become uninhabitable, the tenant had moved out and was billing Penny for the hotel stay, waiting for the home to be fixed. Penny had failed to pay the property taxes for several years.

Penny is a good example of a senior who is generally pretty clear but is definitely not able to handle complex finances any longer. The process of her cognitive decline did not happen overnight. It took several years. During that time she endangered her assets, lost track of her finances and could have lost most of her real estate to tax liens. Warning signs happened but no one paid attention to them.

Could this be prevented? Of course. Had her financial advisor kept a better eye on all of Penny’s assets, not just her stock account, he could have noticed the problem and contacted her son. The point is that wealthy clients may have assets you do not manage but also provide income. It is good practice to ask about all of your client's holdings. Penny's failure to pay property taxes and allowing the houses to fall into disrepair should have been seen by those close to her. Paying attention to those telltale signs of decline, which an alert advisor would have noticed, should have triggered reaching out to Penny's trusted contact person. Working with your clients' families is key to protecting their financial safety. Learn more about successful family meetings at AgingInvestor.com.

 

Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com

Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.

Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.

They are the authors of "Succeed With Senior Clients: A Financial Advisors Guide To Best Practice," and "Hidden Truths About Retirement And Long Term Care," available at AgingInvestor.com offers accredited cutting edge on-line continuing education courses for financial professionals wanting to expand their expertise in best practices for their aging clients. To learn more about our courses click HERE