financial abuse – Page 3

The Worst Misconception About Advisors and Elder Financial Abuse

Jan 30, 2017 | aging, diminished cognition, elder investor, elderly, financial elder abuse, scammers

Imagine this: your aging client is 86 years old, slightly grumpy, and he thinks he knows better than just about everyone else on nearly everything. He's quite willing to follow your advice, though and that's what makes a good relationship with him.

Lately, he's got you worried. He is obsessed with the internet. He spends many hours a day on it and he tells you about this man he met online who has an amazing investment he wants to get into. When he starts telling you about it, it sounds like a scam of the worst kind. You warn him not to do it and he says you don't understand.

He asks you to liquidate one of his investments you manage. You do it. He tells you how happy he is that he's got this great thing going now. A month later he calls you and wants to liquidate a lot of his funds to raise some significant cash for his "friend" who has the scammer-sounding "investment". You say, "don't do this!" He won't follow your advice. This is new, and puzzling. What should you do?

Rules tell you that you must follow your client's instruction and that you are not supposed to reveal his financial information to anyone. Should you call Adult Protective Services? Can you? You are not sure what to do.

Here's the answer: you are permitted to report financial elder abuse. According to the regulators' Interagency Guidance on Privacy Laws and Reporting Financial Abuse of Older Persons, which discusses the issue in detail, you are also permitted to disclose this information to protect against or prevent actual or potential fraud.

But what if your client think his internet "friend" is fine even if you are seeing telltale signs of fraud in your client's interactions with the scammer? You can report the apparent crime in an online form to the FBI as long as you know enough detail from your client. I think anyone who suspects internet fraud should do this, even if it turns out to be some legitimate thing in the end. It probably isn't. And your client's money could all be gone if you do nothing. Would that be okay with you?

Financial professionals need to be clear about your role in preventing and stopping elder abuse. Law enforcement can't always stop the criminals but sometimes they do. No one can stop what is never reported to them. Do not be misled by the misconception that protecting your client's private information is supposed to stop you from reporting apparent fraud and abuse.

You could be the difference between your client's safety and your client being wiped out financially. Take a deeper dive and get very smart in an accredited one hour online course about stopping financial abuse. Click here now.

Carolyn Rosenblatt, R.N., Elder Law Attorney & Dr. Mikol Davis

co-founders of AgingInvestor.com and AgingParents.com

This Small Step Can Prevent Financial Disaster For Your Aging Clients

Jan 27, 2017 | aging, aging investor, declining health, diminished cognition, elder investor, elderly, finances for elders, financial advisors, financial capacity, financial elder abuse, financial judgement, handling money for aging parents, handling money for seniors, long term care, long term care insurance, medicare, senior investor, seniors finances

Do you have older clients who seem to be doing really well physically? Some of our aging folks are remarkably sharp and we can all be lulled into a false sense of security with them. This is a heads up warning about a real situation that you can perhaps help clients avoid by a simple step. Bear in mind that your older clients may be alert but still have trouble keeping track of the occasional bill. That can lead to a true financial disaster. Here's what happened to one person we met at AgingInvestor.com who could well be your client.

Ruth is 88, still quite independent, taking care of herself at home. She does her own shopping and cooking, drives and pays her own bills. Great at her age, right? But when it comes to memory, that's a problem from time to time. And forgetfulness plus an unforeseen glitch caused a financial nightmare for her. Here is what happened.

Ruth has Medicare and supplemental insurance. That extra 20% the supplement pays doesn't sound like a lot, unless you have a crisis and have to go to the hospital.

Ruth paid her bills by check each month. But sometimes her mail carrier made mistakes and put envelopes in the wrong box. That's just what happened with Ruth's supplemental insurance bill. She didn't pay the bill one month because she never got it. That was the glitch. Unfortunately that is exactly the month that she had a major health crisis and had to be hospitalized. She never knew that her supplemental insurer had missed a premium payment from her until they denied payment to the hospital for the amount due after Medicare paid the hospital in full. She was very upset and called them but they brushed her off when she told them what happened. She had never paid late nor had she ever missed a payment. They didn't care. Her bill for the amount Medicare didn't cover was over $80,000. They flatly refused to pay it.

She tried to call again and again but got nowhere. She sent a letter but received no response. Ruth's case is not the first time we've seen a situation when an older person fails to pay an insurance premium notice either because of illness, dementia, not receiving the bill or other valid reason. Some companies will allow reinstatement of coverage when the amount owed is paid in full. But Ruth's former insurer has been horrible; clearly to get out of the large bill they would have had to pay. They're probably happy about it but of course Ruth is distraught.

Now imagine that Ruth is your client. Most write checks by hand for paying bills, as they have done all their adult lives. Lots of people in their 80s don't use a computer or are only able to do so with many limitations. They don't use auto debit for paying bills automatically.

There is one thing you, the advisor, can do to prevent a disaster like Ruth's. Work with your aging client and their family to get them set up so that payments for ongoing, recurring expenses are auto debited from a bank account. This applies most especially to insurance premiums. As long as you are overseeing the finances for these older clients, think about this simple preventive strategy you can urge them to use to protect their financial safety. Sometimes no one thinks of it. Sometimes the family is also lulled into a false sense of security because the elder is so independent in other ways. Bill paying is a vulnerability and you can think of measures to make it less so.

That medical bill coming to a client because of a simple error, forgetfulness, or glitch can be a source of extreme stress. Take the time now to talk with your client about the prospect of auto pay for all of their recurring bills. Even if they are unsure of how to set it up, a family member, a friend or money manager can offer to do this for them. It's a small, basic measure but hugely helpful to prevent financial loss

The Hidden Truth About Adult Protective Services

Oct 28, 2016 | aging, elderly, finances for elders, handling money for seniors, seniors finances, Uncategorized

In all the proposed rules by Finra and the SEC to address financial exploitation of seniors, advisors are urged to report suspected abuse to the local Adult Protective Services or to call the police. Unfortunately that is not always a solution. There seems to be a lack of clarity about how things work. Here's a typical scenario that illustrates an issue.

Myra is 87 and her daughter, Lexie has been taking advantage of her for years. Myra feels sorry for her daughter because she can't seem to hold a job. Never mind she has a drug habit. Myra has means and she often gives Lexie "loans" that are never repaid.

Lexie gets a power of attorney from Myra, goes with Myra to her financial advisor and tells the advisor that Myra needs $80,000 for a trip they are going to take. Myra is disabled and never travels. The advisor knows this. Advisor decides after seeing several of these demands for withdrawing Myra's funds under suspicious circumstances that Lexie is abusing Myra. The total amount withdrawn at Myra's request is over $150,000 in six months, which is highly unusual.

Advisor calls the police. They refer her to Adult Protective Services. APS takes a report over the phone, asks questions and then asks Advisor to fill out a report form. She fills it out and reports the recent questionable $80K demand and withdrawal and she lists the total taken of $150K. She puts Lexie's name on it as the person suspected of financially abusing Myra.

APS sends a social worker out to investigate the complaint and to visit Myra at home. Myra finds the worker to be very nice and they chat. "Has your daughter ever pressured you to give her money?" the worker asks. "No", says Myra. "Do you remember giving her gifts or loans totaling $150K this year?" the worker asks. "I don't think I did that" Myra says. The worker asks if she is in the habit of giving money gifts to Lexie and Myra says yes, that Lexie is her daughter and she needs some help sometimes. The worker concludes that giving money to Lexie is what Myra wants and the case does not go any further. No one has tested Myra to see if she is competent to understand the consequences of giving her assets to Lexie, particularly since she has two other adult children.

In this case the facts are not clear enough to prove that a crime was committed. APS will not recommend that Lexie be prosecuted because even though giving away money is not in Myra's best interests, she is assumed to be competent to do so. In this case APS is not solving any problem and takes no further action. If Myra did not want the funds to be given to Lexie it would be different and elder abuse could be proven perhaps. As is there is too much doubt about Myra agreeing to be taken advantage of by Lexie, no prosecutor could meet its burden of proof.

The Other Option

Lexie's other two siblings were not initially aware of the abuse by Lexie. Their potential inheritance is directly affected by their sister's actions and when they find out they call APS also. The case is closed and they get nowhere. They are furious.

They consider another option. If there is no crime here that can be proven, there may be a civil case. They contact an attorney who handles civil cases of elder financial abuse. The attorney does an investigation and finds out that Lexie has bought a condo with the money taken from Myra. The attorney successfully proves that Myra was duped by Lexie and the matter is settled by Lexie's attorney agreeing to sell the condo and give the proceeds back to a fund set up for Myra in case she needs more cash as she ages. And the settlement agreement says that Lexie will inherit no part of the fund. Further, the power of attorney Lexie got is torn up and Myra appoints a more responsible agent, another daughter who now oversees all of Myra's finances.

With a misunderstanding of how law enforcement works, there is a belief that all one must do is report to APS and somehow, financial abuse will be stopped. But when APS finds insufficient proof, or a wiling victim like Myra, they do not intervene. They are essentially an arm of law enforcement. A civil case is outside their sphere and a civil attorney must be consulted to explore whether one can pursue that possible way of recovering an elder's assets that have been wrongfully taken.

The Takeaway

The important thing to know here is that APS is limited in what it can do. A criminal case of any kind has to be proven "beyond a reasonable doubt." Any advisor who wants to keep senior clients safer needs to understand that a willing victim will pretty well destroy a criminal case of abuse. A civil case is a possibility as long as there is an asset (in Lexie's case, a condo) to get. One should know a competent elder abuse attorney to consult and find out if your client has that choice in taking legal action of if her heirs do.

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

Two Things Professionals Can Do About Elder Financial Abuse

Oct 7, 2016 | aging, aging investor, diminished cognition, elder investor, elderly, finances for elders, financial advisors, financial elder abuse, handling money for seniors, investor, NASAA, senior investor, seniors finances

Two Things Professionals Can Do About Elder Financial Abuse

It's vicious and pervasive. It's growing. It has been called "the crime of the century". Elder financial abuse, according to a study by True Link Financial, costs seniors in the U.S. over $36B a year. But can financial professionals do anything about it? We say definitely yes.

Most of us have encountered this kind of opportunistic crime at some point, among family, neighbors or friends. When we at AgingInvestor.com present to groups of professionals we ask how many have had witnessed this kind of abuse with anyone known to them. Almost every hand goes up. The question is, what can you do about it?

Many professionals are either hesitant to get involved because they think privacy concerns should stop them, or they want to take action but are unsure about what to do. Let's clear away those concerns now.

First, remember that when your client gets ripped off and cash is drained out of the account you manage, you are losing fees for those AUM. If that isn't incentive enough to be involved note that NASAA has already developed model rules which will require that you report abuse to authorities. Those are likely to become mandates soon enough.

Let's look at two basic steps any professional can take now to improve your response and protect your clients from financial abuse.

Get third party contacts on file

One, you need to get from your retirement-age clients the names of several trusted others whom you can call in the event that you see red flags that abuse could be going on. Remember that family members are the most frequent abusers of aging folks. Perhaps that favorite one, Sonny Boy is taking advantage of a vulnerable parent or other relative. Be sure one of the contacts you get from your clients is not a family member, but a trusted friend, colleague or professional. Age makes all of us more vulnerable to financial manipulation for many reasons. Next time you review an older client's portfolio, get this necessary information about whom to call if you get concerned and keep it on record.

Get permission from your client to call the third parties under certain circumstances

Two, you need not consider privacy rules a barrier if you have your client's permission to contact the designated third parties he has identified. A legally sufficient privacy document will help you. This is an area where both legal and compliance departments should assist you to get the right paperwork in order. At AgingInvestor.com, we developed just such a model document, a product we offer to overcome the confidentiality barrier to taking action. It's part of a senior-specific policy. And you can do it in-house on your own too with legal input. Get one done for every aging client. It resolves the question of giving private information to the designated third party. You will have the ok to act when you need to.

Caution: we do not recommend that you use an informal letter to for your client to give up the right to privacy. Consider that in our society, we use things like a durable power of attorney to give up the right to solely manage one's finances, and an advance healthcare directive to give up the right to make end of life or care decisions alone. We don't use mere letters for these things. You need papers that are standardized, formal and that will stand up to scrutiny should anyone question them.

Surely you do not want predators to take advantage of your clients, particularly when they suffer from any cognitive decline. That increases their vulnerability. And the integrity of their portfolios is enhanced by your own vigilance over them as they get older.

Take a deeper dive into the elder abuse subject in our book Succeed With Senior Clients: A Financial Advisor's Guide to Best Practices. We offer you a handy checklist with the 7 warning signs of financial elder abuse, more practical tips and some true stories of how a financial professional did or didn't get involved at the right time.

The most forward thinking financial advisors will be early adopters of these means to keep clients financially safer. Be one of those leaders!

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

The Emotional Impact of Financial Elder Abuse

Oct 4, 2016 | aging, diminished cognition, elderly, finances for elders, financial elder abuse, handling money for seniors, scammers, seniors finances

The Emotional Impact of Financial Elder Abuse
When older persons are deceived financially by hose they trust the most, the emotional effects can be devastating. The problem of financial elder abuse costs our older population over $36 billion per year in the U.S. alone. The reasons for this rampant problem some call “the crime of the century” are complex. Many victims cognitively impaired in some way, and are therefore subject to the undue influence of greedy relatives, caregivers, professionals, or criminal predators who strategically seek out older victims. However, not all seniors who fall victim to financial abuse are affected by cognitive decline. Some competent people are seduced by unscrupulous sales pitches promising big rewards. Some are cheated by the Bernie Madoffs of the world and their cohorts who take advantage of seniors who are worried about having enough money. These victims see the pitch or offer as a way to alleviate their money insecurity and they give up their cash to those who want nothing more than to take it and run. Sometimes, the senior may want to get something for nothing or get a “great deal’ with very little perceived risk.

Abusers are not always shady characters or unscrupulous family members. Sometimes they are legitimate organizations that simply find an opportunity to take advantage of someone with whom they already have a relationship. Using a relationship of trust to manipulate an older adult is called undue influence. The laws protecting them from being victimized by undue influence vary considerably from state to state, with some defining it so vaguely that enforcement is difficult. However, whether the law is used to convict abusers of this crime or not, the effect on an aging person is devastating. It is hard enough to realize that one has been duped by a stranger. When one understands that the manipulator is a trusted relative, friend, an organization in which a person truly believes or contributes to, the pain is even worse.

Wanda’s Case

Wanda was eighty-nine years old at the time her daughter, Janis, contacted an attorney. Janis reported that Wanda had been a member of her large church all her life and had been an active participant in the congregation. She had always made modest contributions to the church and trusted all of the other members. But over time, Wanda’s memory began to decline and she got confused easily.The church began a fundraising campaign for new construction. Wanda was asked for a donation, which she gave. Then another request came and Wanda once again complied. Wanda gave larger and larger donations to the church over the next year, with the checks totaling over $100, 000. Janis grew increasingly alarmed, because her mother clearly was in need of help. Wanda was found lost and wandering near the church after one day. The church itself had recorded the incident and a church worker had taken Wanda home. Janis was concerned that Wanda would run out of?money. She was physically ok, but her mental condition was becoming a serious enough problem that Janis believed she should no longer live alone. And Wanda trusted the church, to the point that she did not believe that anyone there would do anything wrong. This was a case of the church using its position of influence over an impaired member to elicit larger and larger financial contributions from her. They took advantage of an older adult who had become lost and confused after church, and they knew it. Wanda could not perceive that she needed care, which was going to be expensive, and that she could all her reserves by these overly generous donations. She was not able to act in her own best interests. She ?believed that she could not possibly run out of money. When her daughter, Janis, tried to explain that she had to stop giving to the building fund, Wanda was incredulous. She simply could not process the reality that she was going to lose all her savings if she kept up the contributions.? She became angry with her daughter for even suggesting that her actions were not right and that the church was out of line doing what it did.

Wanda’s emotional response to the abuse was to be in denial about it. She likely not able to fully process what had happened and felt that Janis was being disloyal to the church. The matter did get resolved. When the church was contacted to meet and discuss the pattern of solicitations they had sent to Wanda and their record of her being lost after church services, they immediately contacted an attorney who put a stop to their actions. Janis was able to watch over Wanda after that and she did obtain help for her. Wanda’s anger at Janis was an unfortunate effect of stopping the abuse. Wanda would likely have been angry at the church had she been able to perceive that she was being manipulated. However, she was cognitively impaired and did not see?the full picture.

The Emotional Impact of Abuse

Undue influence is not the only means of taking advantage of seniors. Any kind of elder abuse can be devastating. Denial is common after older victims discover financial abuse. When a scam is underway, they tend to keep up hope and continue engaging with the scammer. Despite warnings from family, friends, and advice from knowledgeable others, they continue to believe that the big payoff is coming. Or they are unable to embrace that they have made a mistake and trusted an untrustworthy person. Sometimes, even after the evidence of fraud mounts, the victim continues to give money to the predator. They have put their trust in someone whom they very much want to believe was trustworthy. When the payoff does not come, or nothing that was promised materializes, they eventually realize they were duped. The effect is sometimes intense shame and embarrassment. Living with this shame often leads to depression.

Suicides resulting from financial abuse have been reported. Some never recover emotionally from the feeling of horror that they were “so dumb” as to fall for a scam that in retrospect looks a lot more obvious. It damages a person’s sense of self, and sense of being able to trust one’s own judgment. It can go to the core of a person’s self-esteem, leaving the victim with a belief that he can no longer trust himself with anything financial. When a senior loses most or all of her assets and is left impoverished, it becomes a constant reminder of the shame of being duped by someone else. Losing a home can force the person to live somewhere he does not choose to be. That can be with relatives if available, but it can also land him in a Medicaid bed in a nursing home where few would ever want to live out their last years.

Prevention Strategies

No one is totally immune from fraud and financial abuse. Anyone can be victimized. Many a sad tale is told by an adult child of a victimized aging parent that “I trusted my father and didn’t want to question him.” Or, “I thought since my mom was a CPA, she would never fall for that.” Part of the problem is the perception adult children and even some professionals have that certain folks are never going to be abused financially because they are smart, or experienced with money matters. It is simply not true that education or experience protects everyone. Working with older adults puts professionals in a position to be vigilant, to educate about the risks of abuse out there, and mainly to pay attention.

Using Resources to Help Victimized Clients

While the criminal justice system prosecutes the relatively small number of abusers who are reported to authorities, it does not do much to help the victims of abuse. Money stolen from older people is often long gone by the time a predator is brought to justice. When a criminal is prosecuted successfully, the court will order that he make restitution of stolen monies to the victim, but enforcement of restitution orders can be problematic.

What is almost entirely lacking is any resource to help a victim of financial abuse manage the emotional effects of the crime. We simply do not fund this in our justice system. If victimized seniors wish to get emotional support or mental health help to recover from the impact of financial abuse, they would have to do so on their own. The cost is clearly a barrier, though Medicare does provide for psychological services. However, the benefit has limitations. A diagnosis is required for the provider to get payment. And many people attach a stigma to getting mental health help, which is an unfortunate perception that stops some from obtaining the needed psychological support for recovering. If there is a civil case of elder abuse with a successful outcome, and financial damages are actually awarded to the victim as a result, the award may include expenses for psychological treatment for the victim. Therapy is one means a victimized person can learn to cope with the emotional distress, shame, and? humiliation of being taken advantage of by any financial abuser. There is little doubt that those who receive supportive services after victimization cope better and have a better chance of healing from the trauma.

Professionals’ Roles with Abuse Victims

Professionals who work with aging adults in any capacity will likely encounter someone who has been victimized or is in the process of being taken advantage of by another. It is important to know their own community resources to provide information to anyone who may need help. Understand how difficult it must be for the person who has been victimized, and offer a respectful referral to a local resource. Local mental health providers can be found through the American Psychological Association, Psychologist Locator, community service agencies such as Jewish Family Service Agency (serving people of all faiths), the Alzheimer’s Association, or senior centers throughout the U.S. Most offer information and referral to local providers in the senior’s county.

Warning Signs

When suspecting financial elder abuse, those working with them should be aware of these warning signs:

1.  The presence of a new “friend” in a client’s life who has an inordinate interest in the older person’s accounts  or  assets, and who  gains access  to any  of them.
2.  Sudden change in a Durable Power of Attorney document.
3.  Isolation of the older adult from friends, family, and others close to them.
4.  Large gifts to strangers or people they don’t know well.
5.  Complaints about having reached maximums on credit cards when this has never happened  before.
6.  Frequent email or telephone contact with any stranger who establishes a relationship  with  the senior  that  seems  addictive.

With the effort of those in the community surrounding older adults, we can all take steps to intervene and prevent or stop abuse. If something seems odd to you, speak up, ask questions, step in where you can. You just might be the key to keeping a senior financially safe. And if you learn of abuse in the course of doing business with a senior client, a kindly approach in offering emotional health resources lifts both you and the victim.

BY CAROLYN ROSENBLATT, RN, ELDER LAW ATTORNEY
Carolyn Rosenblatt has over forty-five years of experience in her combined professions of nursing and legal practice. She is co-founder of AgingParents.com, a resource for families, and Aginglnvestor.com, offering educational training and products. She can be contacted at (415) 459-0413, carolyn@aginginvestor.com.

REFERENCES
Journal of Accountancy.  2015.  “Emotional harm of elder financial abuse outweighs  its financial  damage." www.journalofaccountancy.com/news/2015/jun/elderfinancial-abuse-201512535.html.  Accessed January 2016.
MetLife Study on Elder Abuse, www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf.  Accessed January 2016.
Rosenblatt, Carolyn. 2015. “Protecting Our Aging Parents from Abuse."  In The Family Guide  to  Aging  Parents:  Answers  to Your  Legal,  Financial  and  Healthcare  Questions.  Sanger, CA: Familius, 284-296.,  2015.
“Common Elder Specific Issues." In Working With Aging Clients: A Guide for Legal, Business and Financial Professionals.  Chicago: American Bar Association,  71-76.

This article was originally published in the CSA JOURNAL 66 / VOL. 2, 2016 / SOCIETY OF CERTIFIED SENIOR ADVISORS / WWW.CSA.US