California Elder Law Attorney Blog

More than 7.3 million older Americans -- one out of every five citizens over the age of 65 -- have been victimized by a financial swindle. Elder abuse is found in all socioeconomic and ethnic populations and as more baby boomers age, the problem is getting worse. It is everyone's moral responsibility to care about these at-risk residents.

What is elder abuse and neglect?

Elder abuse, as defined by the National Center on Elder Abuse, refers to intentional or neglectful acts by a caregiver or "trusted" individual that lead to, or may lead to, harm of a vulnerable elder. Physical abuse, neglect, emotional or psychological abuse, verbal abuse and threats, financial abuse and exploitation, sexual abuse, and abandonment are considered forms of elder abuse.

One single indicator may not necessarily point to abuse but again, according to the NCEA, any of the following may be warning signs of a problem:

-- Bruises, pressure marks, broken bones, abrasions and burns may indicate physical abuse, neglect or mistreatment.

-- Unexplained withdrawal from normal activities, a sudden change in alertness and unusual depression may indicate emotional abuse.

-- Bruises around the breasts or genital area can occur from sexual abuse.

-- Sudden changes in financial situations may be the result of exploitation.

-- Bedsores, unattended medical needs, poor hygiene and unusual weight loss are signs of possible neglect.

-- Behavior such as belittling, threats and other uses of power and control by spouses may indicate verbal or emotional abuse.

-- Strained or tense relationships and frequent arguments between the caregiver and elderly person are also signs.

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Continue reading "Financial Elder Abuse: The Ultimate Elder Swindle" »

15 Red Flags of Fiduciary Abuse, Exploitation, Neglect, and Misappropriation
1. Protected person has no relatives or active friendships
2. Large estates
3. Late or no accountings filed
4. Multiple ATM transactions
5. Health or personal problems of the fiduciary
6. Use of several attorneys by the fiduciary
7. Attorneys representing the fiduciary withdrawing from the fiduciary's cases
8. Singular control of information by the fiduciary
9. No automated record keeping by the fiduciary
10. Financial difficulty of the fiduciary (tax liens, judgments, bankruptcy, divorce)
11. Revocation or failure to renew fiduciary bonds
12. Large expenditures in the accounting not appropriate to the client's setting
13. The fiduciary has minimal experience
14. Pattern of letters and verbal complaints against the fiduciary
15. Lack of oversight on the case by Counsel assigned or Court staff

Continue reading "15 Red Flags Constituting Fiduciary Abuse of the Elderly" »

According to the National Center on Elder Abuse (NCEA), "elder abuse" is a term referring to any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

The victims of elder abuse come from all walks of life, but they share the common characteristic of being over the age of 60 and in some states over the age of 65 says California Elder Abuse Attorney Steven C. Peck.

Abusive actions result in physical, emotional, sexual or financial harm to the victim and can be the result of neglect or abandonment. The key factor is the infliction of pain, injury or the deprivation of a basic need.

While many think of elder abuse as resulting from the actions of others, a recent report by the Clearinghouse on Abuse and Neglect of the Elderly (CANE) finds that the most common type of elder mistreatment reported to adult protective services nation-wide is the result of self-neglect.

In situations of self-neglect, addressing the problem is often difficult because self-neglectors refuse services or resist interventions which will likely remedy or resolve the problem.

There are several risk factors for elder abuse to watch for, according to the University of Washington Division of Gerontology and Geriatric Medicine. These include characteristics of the abused person, living situations and characteristics of the abuser.

Usually, the mistreated elder suffers from poor health accompanied by functional impairment, cognitive impairment and social isolation. Elder abuse generally occurs in a shared-living arrangement where there may be some form of external stress, and it frequently involves strained financial situations.

The abuser may have a history of substance abuse or mental illness, may be dependant on the victim in some way and often has a history of violence.

Elders can take steps to protect themselves from elder abuse, and more importantly, they should take steps to maintain their health. Professional help should be sought in the event of addiction, alcoholism or depression.

Support services should be utilized if domestic violence is present. Seniors should plan for their own financial and health care future. Whenever finances are involved, seek independent advice from a trusted, knowledgeable and unbiased source before making a decision. Stay active in the community, and do not become isolated. Finally, know that you have the right to express your preferences and concerns.

Protection of others from abuse involves knowing the warning signs. Elders and others should keep a watchful eye on their loved ones, friends and neighbors and should be unafraid to voice their concerns. While elder abuse is a serious problem, government and private organizations and Elders themselves are taking an active role in its detection, prevention and elimination.

The warning signs of elder abuse are: (1). Signs of physical injury or unexplained marks. (2). Signs of restraint. (3). Signs of neglect such as bedsores, soiled clothing, malnutrition, dehydration or unexplained weight loss. (4). Injuries to the genitals or breasts. (5). Frequent arguments between an elder and a caregiver or other person in a close relationship with the elder. (6). Sudden changes in an elder's living arrangements. (7). Repeat or unreasonable violations of an elder's privacy by another person. (8). Changes in behavior, particularly if they involve withdrawal, anxiety, agitation or depression. (9). Sudden financial changes, unusual bank activity, unpaid bills or a discrepancy between means and standard of living and (10). An elder expressing that he or she is being abused or exploited.

Continue reading "Elder Abuse Is The Intentional Or Reckless Acts That Cause Harm To Vulnerable Adults" »

Definitions of what constitutes as Elder Abuse are also diverse: some sources define elder abuse as only physical abuse, while other sources include emotional abuse, sexual abuse and financial abuse. Accurate numbers are also extremely difficult to compile since many incidents of abuse go unreported. Many elderly are afraid or ashamed to report incidents of abuse, especially if the perpetrator is a family member. Seniors at times are emotionally or physically abused by a familiar person, and are often unable to recognize it as abuse or rationalize it says California Elder Abuse Attorney Steven C. Peck.

What can be done to eliminate incidences of elder abuse? Society should shoulder the responsibility to protect the elderly, but it begins with the family of the senior. Many of the children and other relatives of the elderly feel that once they have a care giver to care for the elderly their work is done. Far from it, they need to remain vigilant in directing and overseeing that good care is in fact what is provided.

When visiting an elder loved one, you should be alert to the warning signs of abuse:

Emotional or Psychological Abuse:

Are there insults or threats directed at the elder? Are they living in social isolation? The elder may be extremely upset, withdrawn, unresponsive, or exhibiting other unusual behavior. He or she may have a vacant look in their eyes or exhibit fear; they may not always express those verbally, so look for signs in their face or behavior.

Physical and Sexual Abuse:

Look for suspicious bruises or other injuries. Look for signs of restraints, such as a rope burns. See if he or she shows sudden changes of behavior, such as unexplained anger, fear, withdrawal, or has become very quiet. Note if a worker or caregiver refuses to let you visit the elder, making all kind of excuses.

Neglect:
Look for signs of malnutrition, if there is noticeable weight loss, dehydration, bed sores, or if personal hygiene is noticeable neglected. Note if the elder is sitting in soiled clothing, unshaven, unkempt, without dentures, or with long or dirty nails, are they walking around at midday still wearing pajamas? Listen to complaints from the senior as to whether or not their aide is listening to them or following their wishes and follow up on them.

Financial Abuse:

Keep an eye out for unexplained bank withdrawals, unauthorized use of bank and credit cards, reports of stolen or missing checkbooks and bank cards, or if your parent or elder writes checks as a loan or gift to the aide. Be on the lookout for valuables suddenly disappearing. Monitor any sudden changes in the will or banking documents, and be alert if assets are suddenly transferred to a family member or to someone outside the family.

Continue reading "What Constitutes Elder Abuse and Neglect" »

One out of five Americans over the age of 65 has been the victim of a financial scam, according to a survey by a nonprofit organization.

More than 7.3 million senior citizens have been taken advantage of financially through inappropriate investments, high fees or fraud, said the survey, which was released today by the Washington-based Investor Protection Trust.

"We now know that a shockingly large number of older Americans are already victims of financial swindles and millions more are in danger of being exploited in such a fashion," Don Blandin, chief executive officer and president of Investor Protection Trust, which promotes investor education, said in a statement.

Forty percent of children who have parents age 65 and older said they are "very" or "somewhat" worried that their parents have already become or will become less able to handle their personal finances over time.

Most American households at or near retirement "are consumed by fear," said Anthony Webb, associate director of research at Boston College's Center for Retirement Research. The average 401(k) account balance as of March 31 was $66,900, according to Boston-based Fidelity Investments, which has 11 million participants. The average monthly Social Security benefit as of April was $1,067.

Almost 40 percent of survey respondents age 65 and over said they've received phone calls or mailers asking for money compared with 19 percent of adult children who said they believe their parents are being pitched what the survey called schemes.

Basic Investment Knowledge

About 45 percent of respondents age 65 and over got at least two out of four questions wrong about basic investment knowledge -- they said that an investment registered with the Securities and Exchange Commission or state securities regulators means it's been reviewed to make sure it's safe and that a very high rate of return is only okay as long as the investment is guaranteed or bonded.

"It is imperative that a serious national campaign be launched to end rampant elder financial exploitation and to protect and help vulnerable older victims," Kathleen Quinn, executive director of the National Adult Protective Services Association, a national nonprofit, based in Springfield, Illinois, said in a statement.

The survey was conducted in May among a sample of 2,022 adults age 18 and over by Infogroup Inc., a provider of market research based in Omaha, Nebraska. The group included 706 adult children with at least one parent age 65 and older and 590 adults who are age 65 and older.

To contact the reporter on this story: Alexis Leondis in New York aleondis@bloomberg.net.

To contact the editor responsible for this story: Rick Levinson at rlevinson2@bloomberg.net.

Elder abuse takes many forms -- physical, emotional, financial and neglect -- but seniors might not recognize abuse or be reluctant to talk about being hurt by people they trust.

"Elder abuse is basically taking advantage of an older adult or putting them at risk," says California Elder Abuse Attorney Steven C. Peck. Depending on the type of abuse, there are a number of red flags.

"It can be injuries, bruising, missing teeth, broken false teeth or problems with hearing aids or glasses -- that could be the result of physical abuse," "Emotional abuse is much more subtle. You may see people who used to be out and vibrant in the community no longer going out and being engaged with friends or no longer carrying on long conversations on the phone because they're living with extended family and they're not free to have those conversations."

There could be a sign of financial abuse if a person suddenly discontinues eating out with friends. That could be related to the economy and people's retirement incomes, but it can also signal that a vulnerable senior's assets have been seized by adult children -- sometimes to support their addictions.

"We've heard some real horror stories about large amounts of money that people have grabbed from parents," states California Financial Elder Abuse Attorney Steven C. Peck.

"There are lots of people who are victims of abuse in one way or another and they may not know it is abuse or they may not know how to deal with it," Peck says.

Estimates suggest only one in 10 cases of older adult abuse is officially reported. Many seniors are women who lived in a household where they might have had little responsibility for family finances, yet in their later years they end up dealing with money matters since they tend to outlive men.

"It's important they learn how to deal with these issues," Peck says. "There are some things that you can do to protect yourself and there are things you can do if you are a victim of abuse."

Continue reading "Elder Abuse Can Take Many Different Forms" »

Elder Abuse is a growing social concern, but it's not new. Too many older adults have suffered abuse and neglect at the hands of family members and caregivers for too many years.

What is new is that there is a growing awareness and concern about elder abuse, putting a new face to this type of family violence.

Victims of elder abuse know and trust their abuser. Most victims of elder abuse depend on the people who hurt them, sometimes for food, shelter, personal care or companionship.

Too often the abuse and neglect of older adults is not readily identified by service providers and community members.

Some of the signs and symptoms of elder abuse can include depression, fear, anxiety or passivity, unexplained physical injuries, dehydration or lack of food, poor hygiene, urine sores or bed sores, over-sedation.

Many older adults may believe that abuse by a relative is a "family problem" and are ashamed to disclose that a family member is abusive. Noone is immune to elder abuse.

The majority of abused older adults are in their 60s and 70s. Women are typically more vulnerable to abuse and experience more forms of abuse.

Most victims of elder abuse are mentally competent and able to make decisions for themselves. However, loneliness and isolation make some seniors more susceptible to scams.

Continue reading "Elder Abuse Is a Growing National Social Concern" »

What is Fiduciary Abuse:
This is a situation by which an individual who is legally responsible for managing another persons assets uses his or her power to benefit financially in an unethical or illegal manner. Fiduciary abuse can be done by anyone such as a financial advisor, power of attorney, or family member.

A Growing Problem:
Many times the elderly have a difficult time managing their money, and so they are dependent on others for help. This is when that unscrupulous individuals step in and make attempts to obtain monies from property, land, goods and bank accounts.

Who are the Usual Abusers:

Personal Caretaker:
A surprisingly large number of cases of financial abuse occur between an older person and their caretaker. This can include guardian or family members who start out doing the right thing, but are in a strong position only to commit financial abuse because of the temptation. One way this happens is by gaining the confidence of the victim slowly the guardian of the person begins to take control of the victims possessions. Another way is through the use coercion. This is when an individual is forced to sign over land, property or access to bank accounts because of threat or feeling intimidated. Guardians can also manipulate the "authority" and the layout of the will.

Family member:
Another way this occurs is when a loved one is being cared for by a family member who takes advantage of the situation. This can happen several ways. One, the elder person is placed in a long term care facility and the family member continues to take the SSI check and spend it for their own bills. The SSI money is suppose to be spent of the care of the elder person not on the caretakers bills. Two, the caretaker charges the elder for there care and is also being paid by in-home support services. This also falls under fraud and should be reported to Medi-cal/Medicaide.

Long Term Care Facilities:
Many people are concerned about the quality of care for their relatives in nursing homes. They often forget to keep a watchful eye on the monetary portion of their loved ones care. The family must always make sure the charges for the level of care are correct. If the products and services account shows what you believe has not been provided then it is important for the family to discuss this with the Business Office Manager first then with the Administrator.

Deceivers:
Deceivers come in many shapes and sizes and from all over the world. The elderly have a higher probability of being scammed because of the constant evolution of technology and the potential diminished mental capacity. Phone scams often target older people who the scammers think they can manipulate and at times scare them .

One indicator may be an increased number if checks being used or excessive amounts of money being sent to an unknown person or entity. Always follow up with your loved ones in these financial decisions and keep a watchful eye on their finances when possible.

What Can Be Done:
If there is suspected financial abuse there are several things that can be done to stop it, protect your loved one and to prevent it from happening to others.

First, report it. It must be reported to the local authorities. Many of the law enforcement agencies these days have special units dedicated to fiduciary abuse. If they don't still request an officer to come out and take a report. You will need the report number when contacting the bank. Also, report it to APS (Adult Protective Services).

Second, assist the victim in contacting the bank. The bank will guide you through the process. Often the account is frozen or closed and moved to an new account. This will also help the victim recover some of the monies in some cases.

If the elder person is in a long term care facility report the situation to the Ombudsman, State Licensing and APS. Also, make sure the facility is aware. They must conduct their own investigation and follow-up. Often times the facility is the first to become aware of the situation and will take the initiative in starting the investigation and reporting it to the agencies.

One main thing to remember is to document everything you can. The documentation of all the agencies that have been contacted with the person's name you spoke to, the date and time are extremely crucial. It may help prevent the investigation from falling through the cracks.

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Continue reading "What Is Considered Fiduciary Elder Abuse?" »

What is financial abuse?
financial abuse is a different kind of abuse that the individual applies to the illegal diversion, theft or misappropriation of funds or property of the old one.

Often the elderly have a difficult time managing their resources, and so dependent on others for help. It 'at this time that unscrupulous individuals make attempts to obtain from in property, land, goods and money lawDeception, intimidation, etc.

Who could provide financial abuse of your loved ones?
To determine if your loved one is being abused financially, we must first clarify who could potentially lead to abuse. Violators were removed by family members near continents scammers reach.

Personal Concierge
A surprisingly large number of cases of financial abuse occur between an older person and their personal concierge., Often relatives or guardian family members are in a strong position only to commit financial abuse.

With the confidence of the victim in his hand, slowly possessions guardian of the person to steal home. You can also use coercion for individuals older to sign over land, property or access to bank accounts. Guardians can also manipulate the "authority" and the layout of the will.

A personal concierge can be abusiveserious problem, because it seems that the insiders of all issues in connection with your loved ones.

structured services (eg nursing homes)
Many people are concerned about the quality of care for their relatives in nursing homes (so should be maintained). However, one thing to do, some people forget to keep a watchful eye on how the nursing home fees and assume all of the finances of the elderly.

Always make sure the level of costs for comparisonLevel of care and attention. If the products and services account shows that you believe has never been carried out / why is it important to follow with the administrators of the case.

It 'also important that any new "best friends" can be developed to monitor your loved ones at home, particularly in relation to staff. If your loved one begins to add in these individuals or their willingness to buy extravagant things for them, could very easily a case of conning tower, intimidation or'Sweet Heart scams.

Deceiver
Cheaters come in all shapes and sizes and from all over the world. The elderly are more prone to it by the constant evolution of technology and the potential loss of acute mental-ness.

Some of the more crucial in telemarketing swindlers come. Phone scams often target older people who think they can frighten or force. Be sure to send a strong increase in checks for a review of unusual or excessiveAmount is sent to an unknown person / position. Always follow up with your loved ones in these financial decisions and keep a watchful eye on everything that seems real, dishonest, or even well-being.

The elderly are also vulnerable to infiltrate the credit card and account hijacking. It may be difficult for anyone to ensure their identity and numbers, and the elderly often have difficulty keeping pace with technology, accounts, phone numbers, etc.

The action in cases of abuse is discovered
If you do, meaning greetings to your loved ones, do not hesitate to act. Collect as much information and documents can be done about the abuse. Find a local attorney in your area that specializes in these types of cases and do your best to stay one step ahead of fraudsters.

Continue reading "What is Financial Elder Abuse?" »

Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men".

One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person." This definition has been adopted by the World Health Organization.

The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.

The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.

In 2006 the International Network for Prevention of Elder Abuse (INPEA) designated June 15 as World Elder Abuse Awareness Day (WEAAD) and an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse.

Types

Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual.

There are several types of abuse of older people that are generally recognized as being elder abuse, including:

Physical: e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false imprisonment/confinement, or giving excessive or improper medication

Psychological/Emotional: e.g. shouting, swearing, frightening, or humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing, constantly criticizing, accusations, blaming, and general disrespect, or non verbal forms such as ignoring, silence or shunning.

Financial abuse: also known as financial exploitation. e.g. illegal or unauthorized use of a person's property, money, pension book or other valuables (including changing the person's will to name the abuser as heir). It may be obtained by deception, coercion, misrepresentation, or theft. The term includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home

Sexual: e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent (dementia)

Neglect: e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect).

In addition, some U.S. state laws also recognzse the following as elder abuse:

Rights abuse: denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated.

Self-neglect: elderly persons neglecting themselves by not caring about their own health or safety. Self neglect ( harm by self) is treated as conceptually different than abuse (harm by others).

'Abandonment': deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare.

Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others.

Continue reading "Elder Abuse A General Term Describing Harm To Older Adults" »

Elder abuse" is recognized as a health and human rights issue and includes a range of offenses. Abuse is sometimes hard to detect; elder abuse is frequently inflicted by a known, trusted person, often a family member. Neglect, self-neglect and financial exploitation are common forms of abuse.

A startling example of financial exploitation was the story of a Los Angeles woman accused of convincing an elderly man, suffering from dementia, to marry her and empty his bank account the very same day. this kind of exploitation happens everyday and is quite common says California Financial Elder Abuse Lawyer Steven C. Peck.

Incidents like this prompted new lawmaking in the State of Washington The new law applies to older vulnerable adults, and requires financial institutions to train certain employees to better identify older adults who may be victims of financial exploitation, and gives institutions the right to withhold fund disbursement while the request is investigated. California already has these mandatory reporting requirements Peck says.

As community members, family and friends, we must be vigilant. Signs of mistreatment often include unexplained physical injuries, repeated accidents, behavior changes such as crying and isolation, or deteriorating health and hygiene. Financial troubles that appear out of the blue can signal financial exploitation.

Continue reading "Financial Exploitation & Financial Elder Abuse Transpire Quite Frequently In Our Society" »

You probably have heard in the news about cases of elder abuse and financial exploitation. When you hear of elder financial exploitation, you might think of unscrupulous home improvement contractors, phony investment schemes or Internet
scams. According to law enforcement officials, abuse and exploitation by family, caretakers and "new best friends" are just as common. and are thriving says Los Angeles Elder Abuse Attorney Steven C. Peck.

The National Center on Elder Abuse reports more than 1 million cases of elder abuse are reported each year. This number does not represent the actual incidence of elder abuse because these crimes often go unreported. The center said because of the intimate and family nature of elder abuse, as many as four out of five cases go unreported.

Elder abuse and financial exploitation also is drastically on the rise in a seriously depressed economy as desperate people prey on the population most likely to have income and assets, accumulated after a lifetime of work.

One method of elder exploitation I have seen many times is a child or other family member who is a professional dependent.

One type of professional dependent is the child who might have convinced you they need your help. You now are regularly giving them checks to help them out. These checks could be in the thousands of dollars.

Another type of professional dependent is a child who regularly takes you to the bank to withdraw cash for your day-to-day living expenses. That cash, sometimes also in the thousands of dollars, then just mysteriously disappears.

A child who lives with you also can be a professional dependent. You might have a child who lives with you but contributes nothing to the household operation, either financially or timewise. All too often, a child will move in with you and just sponge off of you.

It could be the child who never moved out and who, now is in his 50s, still is trying to decide what he wants to do with his life. He might even have a job but never helps out with the household expenses or chores.

It is not uncommon for a child to move in with you "temporarily" after a major life event such as a divorce or loss of a job. He or she might even bring their significant other. The "child" then just sleeps, sits around watching television or playing video games, doesn't look for a job and doesn't help with household chores. This "temporary" arrangement many times becomes permanent.

Continue reading "Child or Family Member Most Likely Candidate For Financial Elder Abuse" »

It's a scenario heard frequently by elder abuse experts. The son (or daughter) who has been given power of attorney starts cutting back on his mother's expenditures even though she has enough money to continue living as she had been. He decides where she lives and who she sees. He sells some of her favorite possessions. And as her on-hand cash declines, his swells. At the same time, new codicils to her will reduce the amount she had originally left to others and increase the amount for

Unintentionally, says her grandson Philip Marshall, Brooke Astor's greatest legacy may be as someone who raised awareness of elder abuse. Last October, when he was 85 years old, Astor's son (and Philip's father), Anthony Marshall, was convicted on 14 of 16 charges that included grand larceny, criminal possession of stolen property, forgery, scheming to defraud, falsifying business records, offering a false instrument for filing and conspiracy. He was sentenced to one to three years in prison, and the case is on appeal.

Astor died in 2007 at age 105. She had been diagnosed with Alzheimer's in 2000, and in 2002 Philip Marshall, a professor of architectural preservation in Rhode Island, became concerned that his father might be taking advantage of Astor's frail, confused state. The first hint was the missing $10 million painting, "Flags, Fifth Avenue" by artist Childe Hassam, which Astor had initially promised to the Metropolitan Museum of Art. Anthony Marshall sold the painting, reportedly with Astor's agreement because he had told her they needed the money, and then pocketed a $2 million fee for himself.

Philip Marshall was the keynote speaker recently at an all-day "Call to Action" in San Francisco hosted by the Elder Financial Protection Network. He said it was the first time since the December conviction of his father that he had spoken publicly about the case and his attempts to intervene in the care -- or lack of it -- his father was providing Brooke Astor. "All it takes for elder abuse to flourish is for family and friends to do nothing," he said, noting that difficult as it was to go against his father, he felt he had no choice.

After Philip Marshall noticed the missing painting, he started paying more attention to what was happening at Astor's Park Avenue duplex. Staff also took him aside, telling him that his grandmother was being denied access to medication and doctor's visits as well as to her beloved dogs and some of her friends. In order to save money, her son was even changing the products she had been buying for decades, staffers said. In addition, Anthony Marshall, a theatrical producer, fired the chauffeur, the butler and Astor's lawyer of 50 years and closed her New York country house, Holly Hill, where she had said she wanted to die. Philip took note and started keeping records of the reports. It was not until 2006 that he sought out Rockefeller and Annette de la Renta to help get better care for his grandmother. They hired a law firm that filed Philip's petition seeking a guardian to care for his grandmother. Before the case went to court, Anthony agreed that de la Renta could take over as guardian and he agreed to return $11 million in money, jewelry and art.

It wasn't just that his grandmother's money was being taken by his father, Philip says. "If my father and his wife had simply taken money and property of hers but provided for my grandmother, this story might be different." But the greed of his father, he added, came at a psychological and physical cost to his grandmother who was increasingly confused, frightened and in declining health. And she didn't understand why her staff, including her loyal, long-time butler, had disappeared. She assumed he must have died.

Elizabeth Loewy, the assistant district attorney who prosecuted the criminal case against Anthony Marshall, told the conference that while the Astor case may be unusual in its celebrity and amount of money at stake, it typifies what is a skyrocketing threat against elders -- financial exploitation. Jenefer Duane, founder and CEO of the San Francisco-based Elder Financial Protection Network (EFPN), concurred. "In today's economic climate, elders are at greater risk than ever of being targeted for fraud and financial abuse," she said.

According to a recent Metropolitan Life study, "Broken Trust: Elders, Family and Finances," seniors lose $2.6 billion a year to financial abuse. And for every known case of abuse, it is estimated that four or five cases may go unreported. Typically, those who exploit the seniors are not strangers and the exploitation and abuse can come in many forms: fraud, scams (on the Internet and off), undue influence, abuse of powers of attorney and guardianship, identity theft, failure to fulfill contracted health care services and Medicare and Medicaid fraud. Financial abuse of elders is the third most commonly substantiated type of elder abuse, according to the report, following neglect and emotional and psychological abuse. "And the problem appears to be growing," the report states.

"Raising awareness is key to confronting the problem of elder financial abuse, and I hope the visibility my grandmother gave to the issue becomes her lasting legacy," said Philip Marshall.

How elders can avoid scamsThere was no shortage of horror stories at the Elder Financial Protection Network's 6th Annual Call to Action event in San Francisco:

A young man sells a 75-year-old woman an expensive vacuum cleaner and comes back weeks later and asks to use the phone. He ties her up with duct tape, stuffs her in her own car, beats her repeatedly, makes charges on her credit card during her 26 hours in the trunk and has plans to kill her. She is found when an alert sheriff's deputy follows the car and stops it for running a red light.

A Las Vegas waitress befriends an elderly customer and then tells him the sad tale of her life. The customer gives her a $500 check. In conversation, she also gets his date of birth and his Social Security number. Eventually, she gets $750,000 through use of the identifying information she has coaxed out of him.

A caregiver starts out working at a house a couple of hours a day and then says he could give better care by moving in. He gains the homeowner's trust by cooking, cleaning, taking care of whatever needs doing. Eventually -- in this case, it was several years -- he controls the finances, takes title to the house and cleans out the bank accounts.
"It can happen to all of us," says Cynthia Healy, president and founder of Security Financial Advisors Inc. in Monterey. She'd like seniors to remember the acronym, SCAM:

S -- Surround yourself with family and friends. Do not isolate yourself.
C -- Caregivers. Do your own checks of caregivers even if they come from an agency.
A -- Ask for assistance from professionals such as accountants, attorneys, bankers, doctors. Build a team so there are checks and balances.
M -- Maintain security over your personal information.

Paul Greenwood, head of Elder Abuse Prosecutions for the San Diego District Attorney's Office, successfully prosecuted the young man who kidnapped the 75-year-old woman on charges of attempted murder, torture and kidnapping. An international speaker on elder abuse, he offers 10 tips for avoiding financial elder abuse:

Choose a caregiver with caution and make your own checks even if the caregiver comes from an agency.

Keep an inventory of all jewelry.

Use a shredder for everything with your name, address or any other identifying information on it.

Protect your incoming and outgoing mail.

Do a credit search on yourself at least two or three times a year.

Install caller I.D. to determine if a call is private or unknown and don't be afraid to hang up or use a whistle you keep by the phone.

Remember: You will never, ever win a foreign lottery.

Consider letting your bank send a duplicate of your monthly statement to a trusted family member or an accountant or attorney.

Don't assume that people doing work on your home are licensed. Check and also get three estimates in writing and a written contract.

Have a second line of defense, such as a locked screen door or a security chain guard, at your front door.

Continue reading "Elders Are Easy Targets For Fraud and Financial Elder Abuse" »

Every year in California, over 200,000 elderly American citizens suffer from financial abuse at the hands of unscrupulous family members and financial institutions. Yet, only about one in every 100 cases is ever reported. The Elder Abuse Reporting Act was implemented to make it everyone's legal responsibility to stand watch and report any suspicion of elder abuse.
In September 2005, California Gov. Arnold Schwarzenegger signed the Financial Elder Abuse Reporting Act in an effort to help protect the elderly citizens of California from financial abuse by family members, friends and con artists. According to the governor's strategy, he wants to protect the innocent elderly, "by keeping them out of the grasp of unscrupulous people."
How the Act Protects the Elderly
The enforcement of the Elder Abuse Reporting Act has now made it the responsibility of every employee at banks, savings associations and credit unions to be "mandated reporters of suspected financial abuse." They are now required to report to the local Adult Protective Services Department (APSD) or to law enforcement agencies any suspicions of financial abuse towards any elder or dependent person. But the responsibility goes beyond the financial institutions. The act also extends its obligations to the general public and they, too, are responsible to report any suspicions they have of elder abuse to the employees of financial institutions or to the APSD.
Mandate of the Act
The Elder Abuse Reporting Act was designed to protect not only the elderly, but the institutions that are being targeted. It protects elderly citizens from financial abuse and reduces the number of incidents involving elderly and dependent citizens. But it also protects the financial institutions from lawsuits that are being filed by family members of abused persons. Gov. Schwarzenegger believes that it's the responsibility of every citizen to help protect the innocent. During the press release at the time he announced the new act, he said, "I am committed to ensuring the safety and security of California's growing population of seniors. Our older Californians have worked hard all their lives and should enjoy the fruits of their labor."
Signs of Elder Abuse
There are many obvious signs, and some not so blatant signs, to be aware of while protecting elderly citizens from abuse. Most of them involve the unauthorized use of finances and property that is often carried out by family members, caregivers, insurance companies or scam artists. Some of these violations include the misuse of personal checks, credit cards and accounts; stolen cash, income checks or even household goods; a suspicious-looking signature that could be forged; and identity theft. More discrete signs include some family members gradually becoming more wealthy, new and unnecessary items being purchased, and the disappearance of wallets or money under the assumption that the elderly person misplaced them.
Criminal Offense
If an employee of a financial institution fails to report suspicions immediately, a fine of up to $1,000 could be issued against the institution. And a fine of $5,000 could be issued against the employee if it can be determined that the neglect was intentional.

Continue reading "The California Elder Abuse Reporting Act" »

On March 23, 2010 the president of the United States signed into law landmark health care reform legislation. Many are unaware that included in this legislation are the Elder Justice Act and the Patient Safety and Abuse Prevention Act andthat this is "the most comprehensive federal legislation ever to combat elder abuse, neglect and exploitation." says California Elder Abuse Attorney Steven C. Peck.

Elder abuse, neglect and exploitation are a national tragedy and still very much an unrecognized problem, with consequences that can be devastating, even life-threatening. The population of older Americans is growing dramatically, with over 13 percent of the U.S. population over 65. By 2030, that is expected to grow to 22 percent. And with the increase in the population of older Americans comes a corresponding increase in the problem of elder abuse, neglect and exploitation.

There are several forms of elder abuse, including physical, emotional, sexual, neglect and financial exploitation. Some experts estimate that only one out of 14 domestic elder abuse incidents comes to the attention of authorities. Nationally, it is estimated that between 1 and 2 million elders are abused annually, and that the annual financial loss by victims of elder financial abuse is at least $2.6 billion.

Continue reading "Elder Abuse Is Rising As The Population of Older Americans Grows Dramatically" »