Jun 14, 2016 | aging, aging investor, financial elder abuse, senior citizen investor, senior investor
In his recent WSJ article, wealth advisor Paul Hynes raises this question. He points out that financial advisors are in a unique position to observe their clients over years, sometimes decades and they know their clients’ normal patterns and general life situations.
I am particularly interested in the subject and I agree with Mr. Hynes that advisors are well positioned to learn of changes in clients’ lives and to see red flags such as unusual activity in their accounts. He suggests that advisors should stay in communication with their clients’ families and that Adult Protective Services can be contacted if abuse is suspected. Here is where I question his advice as falling a bit short of what can be done.
As part of the national legal community dedicating time to the protection of vulnerable elders I see communications from lawyers all over the U.S. with complaints that Adult Protective Services are not taking financial elder abuse seriously enough in many places. When it is reported, APS may dismiss it as “a civil matter” in which they have no interest. APS is essentially an investigative help to the criminal justice system. It can intervene when an elder is in physical danger. Social workers and investigators from APS look into reports of abuse and help the DA determine whether there is evidence sufficient to prosecute a crime. If the matter involves the undue influence of a family member and the elder seems willing to give away money, even if duped into doing so, APS is unlikely to take any action.
Financial advisors must not rely on the idea that APS will protect their clients when abuse is suspected. Particularly in the case of family, close associates, and caregivers, APS may not wish to interfere unless or until an obvious crime has been committed. If is it not so obvious, it is up to others to take action to stop abuse. These others can include financial advisors, who may be in a highly trusted position with the elder. Advisors will see unusual withdrawals in the account or other signs of danger.
The financial services industry, generally, has avoided certain kinds of communication with family of aging investors due to privacy laws, concerns which they interpret as precluding them from sharing financial information. I do not agree that privacy should stop advisors from communication with family when an elder clearly needs protective action. There is a way around the privacy question. Policy can be created to obtain from every client a signed permission to communicate with a family member or trusted other appointed to step in when the advisor (and her compliance department or officer) has reasonably concluded that the elder is being taken advantage of financially or otherwise.
In his article, Paul Hynes suggests that wealth advisors should follow the notion “if you see something, say something” and I wholeheartedly agree. However, the industry needs to develop new, forward looking, senior specific policies to address what Hynes correctly points out as the rampant problem of elder abuse.
I’m doing my part to help by developing educational materials (Including books and online courses) for industry professionals to recognize the red flags warning of potential abuse, diminished financial capacity and how to get the necessary document in place around the issue of privacy by obtaining a client’s permission to communicate with others. Aging expertise from outside the financial services field is needed for all of these points. I hope everyone in the industry will pursue what FINRA (Financial Industry Regulatory Authority) has suggested since 2008: that advisors put senior-specific policies in place to assist them in stemming the rising tide of elder financial abuse of their own aging clients.
Until next time,
Carolyn Rosenblatt
AgingParents.com
May 6, 2016 | aging, elderly, financial elder abuse, senior investor
Investment News posted an article describing how the North American Securities Administrators Association has formed a new Committee on Senior Issues and Diminished Capacity, which will be headed by Montana Deputy Securities Commissioner Lynne Egan and include 13 regulators from across the country.The SEC Investor Advisory Committee has also tasked itself with what it described as an urgent need to protect retirees who are losing mental ability.
State enforcement statistics compiled by NASAA show that 34% of actions since 2008 involve senior victims.
These groups are very committed to finding out what best practices should be. The NASAA committee could develop a model rule over the next year. With over a dozen people on a committee how many of you think they’ll have rules put together anytime soon?
Admittedly, this is an urgent problem. Over $36B is stolen from elders every year, according to a recent study. You can and should be developing your own best practices right now.
The longer we wait for government or any regulatory agency to tell us what to do about elder abuse, the longer we delay acting when we see it before our eyes. It doesn’t require a government rule or a professional organization’s sanction to act with common sense on your own.
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Jan 16, 2016 | aging, aging investor, elderly, financial elder abuse, investor, scammers, senior citizen investor, senior investor
“What You Can Do About Financial Elder Abuse”
Summary of course:
Financial abuse of elders has been called the crime of the century. A recent study shows that it costs seniors over $36B per year in the US. Every hand is needed to prevent and stop this crime of opportunity, including the help of financial professionals. We review the nine domains of financial capacity and describe the seven warning signs that your client may be a victim of financial abuse. We suggest ways that a senior-specific policy can offer advisors a clear path to follow when client conduct puts you on notice of a diminished capacity problem. We show you “hero stories” of financial professionals who took action and did stop abuse.
Learning objectives:
- To improve your understanding of the enormity of the problem of financial elder abuse in the US.
- To help you understand the legal options that exist to address elder abuse, both in criminal and civil venues.
- To improve your understanding of how diminished capacity for financial decisions leads to vulnerability to abuse by predators.
- To provide a clear understanding of the seven warning signs of financial abuse.
- To provide you with an action plan that so you can take protective action for your clients who appear to be at risk.
Aug 29, 2015 | aging, elderly, financial elder abuse, scammers, senior investor
When the medical information and personal data of 80 million Americans was hacked at Anthem Blue Shield it served as a wakeup call. It provides us with another way concerned professionals can educate and warn their clients about keeping personal data safe.
Get this: The information gained by the hackers – including social security numbers and birth dates and even income – are an identity thief’s dream, and the massive breach makes clear that any record can be at risk when companies fail to take security seriously. (more…)
Aug 28, 2015 | aging, aging investor, elder investor, finances for elders, financial elder abuse, handling money for aging parents, handling money for seniors, senior investor, seniors finances
So many professionals we talk to are worried about aging clients, those in their 80's, 90's and older. And for good reason. Mikol's mother is now 92 and she lives independently. She is not exactly a sophisticated investor or consumer. She is very sharp mentally, but that does not mean she could not be manipulated. She has already been taken advantage of by one financial advisor. He got caught though. By us. We took a quick video of Alice, and without naming any names, you can see what she has to say about what the investment this advisor put her into. Click on image to see Video.
We have a very special advantage with Alice. She is willing to let us watch over her investments and her day to day financial life. Not only is she open to receiving this support, she generally welcomes it. That is not an advantage every family has. But even if your aging client or loved one is less than willing to allow those in their lives who can protect them from harm to discuss their financial business, they may be willing to make at least one concession. We recommend that you try for this, suggest it to all the aging folks in your world and take one small step in the direction of their protection.
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