Showing posts with label Senate Aging Committee. Show all posts
Showing posts with label Senate Aging Committee. Show all posts

Saturday, August 2, 2025

U.S. Senators Katie Britt, Kirsten Gillibrand Introduce Bipartisan Legislation to Protect Elderly from Financial Fraud


July 30, 2025

WASHINGTON, D.C. — U.S. Senators Katie Britt (R-Ala.) and Kirsten Gillibrand (D-N.Y.), the ranking member of the Senate Aging Committee, today introduced the Guarding Unprotected Aging Retirees from Deception (GUARD) Act, legislation aimed at protecting the elderly from scammers and financial fraud. Chairman of the Senate Aging Committee Rick Scott (R-Fla.) is also a cosponsor.

The GUARD Act would allow state and local law enforcement to use federal grant funds that they already receive for purposes of hiring agents, training police staff and increasing resources specifically to utilize the blockchain for investigating financial fraud. It would also permit federal law enforcement to assist state and local law enforcement with tracing tools for blockchain technology.

“For too long, scammers have preyed upon the elderly, one of our nation’s most vulnerable populations, and stolen life-changing amounts of money from Americans who often live on fixed incomes. To make matters worse, these scammers exploit gaps in state and local law enforcement capabilities that often allow them to escape prosecution,” said Senator Britt. “I’m proud to lead the GUARD Act with Senator Gillibrand to give law enforcement agencies the tools they need to bring these faceless cowards to justice and take meaningful steps to combat financial fraud at large.”

Every day, scammers target our seniors, often robbing them of their hard-earned savings and stealing their personal information,” said Senator Gillibrand. “As the top-ranking Democrat on the Senate Aging Committee, I’ve seen firsthand the devastating impact these scams have on older Americans and their families. Far too often, local law enforcement agencies lack the resources they need to track down these criminals and hold them accountable. Our GUARD Act would enhance law enforcement capabilities and foster much-needed cooperation between federal and local agencies to combat fraud and bring scammers to justice. I look forward to working with Senator Britt to get this critical legislation across the finish line.

Bad actors are leveraging technology, including the blockchain, to scam individuals – particularly the elderly – through “pig butchering” financial fraud schemes. These scammers often know the thresholds that trigger a federal intervention, so they will keep stolen dollar amounts below this threshold, knowing state law enforcement agencies are often not equipped with the same expertise and resources to use blockchain technologies for tracing purposes.

Senator Rick Scott said, “I am thrilled to join Senators Gillibrand and Britt to introduce the Guarding Unprotected Aging Retirees from Deception (GUARD) Act. This bill helps ensure that local and state law enforcement can access critical tools like blockchain tracing technology that is already used by the Department of Justice to freeze hundreds of millions in stolen funds, and receive federal assistance to investigate these crimes more effectively in an effort to stop scams targeting our aging community as we’ve witnessed growing financial threats against aging Americans. As chairman of the U.S. Senate Special Committee on Aging, I am fully committed to standing up for our aging population, who have contributed so much to our country. The committee recently released our annual Fraud Report which details the alarming rise in scams, particularly sophisticated schemes that utilize artificial intelligence (AI). In 2024 alone, frauds and scams cost seniors over $4.8 billion, with those aged 50-59 losing an additional $2.5 billion. Additionally, we have pushed vital initiatives like our National Slam the Scam Day resolution and our toll-free Fraud Hotline, in an effort to expand access to education, prevention tools, and direct support to better empower families to recognize fraud and respond quickly with the necessary steps. Together, with the GUARD Act, we can work to ensure that every older American has the opportunity to enjoy their golden years with dignity, safety, and the financial security they deserve.”

According to the Federal Trade Commission (FTC), in 2023, Americans aged 60 and over reported losing more than $1.9 billion to fraud, with unreported losses potentially as high as $61.5 billion. In 2024, losses increased 21% to over $2.3 billion for these individuals, and the FTC reports over $745 million in losses in just the first three months of 2025, nearly $200 million more than at the same point last year.

The Senators’ legislation is endorsed by AARP. The bill is a Senate companion to H.R.2978, which was introduced by Reps. Zach Nunn (R-Iowa) and Josh Gottheimer (D-N.J.) earlier this year. You can view the full bill text here.

Senator Britt has previously raised awareness on the surge of financial scams, particularly those targeted at elderly citizens, saying in a 2024 Banking committee hearing: “It’s clear we must be doing more. We must be more diligent. We must do better in educating our population, particularly the elderly population, with regards to everything from romance schemes to sweepstakes scams to impersonations, which ultimately let Alabamians become victims . . . I want to make sure we are enabling law enforcement. I want to make sure we are doing everything we possibly can.” 

Source:
U.S. Senators Katie Britt, Kirsten Gillibrand Introduce Bipartisan Legislation to Protect Elderly from Financial Fraud

Saturday, January 27, 2024

Hearing on Safety Issues at Assisted Living Facilities

Click for Video

The Senate Aging Committee examined the state of the assisted living industry. One of the witnesses was Patricia Vessenmeyer, whose late husband lived in an assisted living facility due to dementia. She described the poor conditions in the residence and the exorbitant costs she paid for it. Assisted living facilities are primarily regulated by states, unlike nursing homes, which are regulated by both federal and state agencies.

Source:
Hearing on Safety Issues at Assisted Living Facilities

Saturday, September 25, 2021

Romance Scams Surged For Seniors During Pandemic

by Ted Knutson

Romance scams surged for seniors during the Covid-19 pandemic, the Senate Aging Committee was told today.

Losses reported to the Federal Trade Commission alone by the elderly from phony suitors rose to $139 million last year from $84 million in 2019.

The loneliness and isolation during the pandemic made the elderly particularly vulnerable because they were longing for human contact and a friendly voice on the phone or a beckoning message on Facebook became harder to turn away from, said Aging Committee Chair Bob Casey (D-PA).

“Social isolation isn’t new for seniors, but the pandemic made it that much worse. Fraudsters saw an opportunity and pounced.,” the Senator said.

He added decrease in contact from family and friends made it easier for small scams even now to balloon into big scams including peddling fake cures and stealing funds.

Speaking to the large increase in romance scam perpetrators targeting the elderly, the Ranking Republican on the Committee, Senator Tim Scott of South Carolina noted seniors are isolated and lonely and may be more susceptible to this type of fraud and this type of scam.

Romance scams were the biggest source of fraud reported to the FTC by the elderly in the 60-69 and 70-79 age groups.

The frauds were an important driver of the doubling of bank transfers and payments by older adults in 2020, and reports of cryptocurrency payments more than tripling,

FTC Bureau of Consumer Protection Associate Director Lois Greisman told the Aging Committee hearing.

The FTC official added many people reported that romance scammers used the pandemic to explain requests for money or their inability to meet in person.

She explained in romance scams fraudsters create fake profiles, establish trusting relationships, and then trick consumers into giving or loaning them money.

Romance scams were among the frauds causing the highest losses for seniors, National Consumer Law Center Attorney Odette Williamson said:

“Widespread illness and death combined with the social isolation and distancing measures brought on by the COVID-19 pandemic created fertile ground for the proliferation of certain scams primarily aimed at older adults.”

The Better Business Bureau Institute for Marketplace Trust found romance scams romance scams were the riskiest types of fraud during the pandemic for people 55 through 64.

Making romance scams particularly difficult, Senator Rick Scott (R-FL) said it’s difficult for law enforcement to find the perpetrators.

Kate Kleinert, a victim who testified at the hearing, claimed she reported the fraud to police but they wouldn’t listen to her.

The widow told the Committee she was frustrated by the lack of options she had to recover the $39,000 she gave the suitor imposter or the ability to hold him responsible.

“$39,000 to some people is not much, but for someone in my position it’s a great deal. I am still paying for that today because I can’t get things repaired at the house. I’ve had no air conditioning this summer, my refrigerator is off, and my stove is off, the victim relayed.

She said the loss that hurt her most wasn’t the money, but “losing his love and losing the family I thought I was going to have and what my new future was going to be.”

Full Article & Source:

Friday, July 9, 2021

Collins, Gillibrand Introduce Bipartisan Legislation to Protect Seniors and Caregivers Against Financial Fraud

 Full Article & Source:

Thursday, May 7, 2020

3 members of Congress give 11 assisted living CEOs until Friday to detail their COVID-19 strategies

Senior living operators may not be receiving the personal protective equipment that nursing homes have been promised by the federal government to fight COVID-19, but now they may be receiving a level of federal scrutiny similar to nursing homes.

The CEOs of 11 of some of the country’s largest senior living companies have until Friday to respond to a letter from three members of Congress asking them to detail the extent of COVID-19 at their communities and the actions they are taking to prevent or mitigate the disease.

“Assisted living facilities deserve particular scrutiny in this pandemic because they share several of the same characteristics that increase risks at nursing homes — a population of senior citizens, many with chronic health problems, living and interacting closely together — but they face a significantly less stringent regulatory environment,” wrote Sen. Elizabeth Warren (D-MA), a member of the Senate Health, Education, Labor, and Pensions and Senate Aging Committees; Sen. Edward J. Markey (D-MA) and Rep. Carolyn B. Maloney (D-NY), chair of the House Committee on Oversight and Reform, in a letter dated April 29 and released publicly on Friday. The characteristics delineated by the members of Congress echo some of the ones listed by associations representing the sector when arguing why senior living operators in addition to skilled nursing providers should be prioritized for PPE.

The letter was sent to the CEOs of Affinity Living Group, Atria Senior Living, Brookdale Senior Living, Capital Senior Living, Enlivant, Eclipse Senior Living, Five Star Senior Living, Gardant Management Solutions, LifeCare Services, Senior Lifestyle Corp. and Sunrise Senior Living. The 18 questions in the letter ask the leaders to share the total number of communities, residents and staff members at each company as well as the number and severity of COVID-19 cases among residents and staff members and the communities in which any cases have occurred; details related to testing and the reporting of results; sick leave, family leave, medical leave and hazard pay offered to employees; visitation policies; and the use of PPE.

Warren was one of four senators who had requested that the Government Accountability Office study state reporting of deficiencies in care and services provided to Medicaid beneficiaries in assisted living communities, an effort that resulted in a January 2018 report, which the new letter referenced.

The members of Congress said they are requesting the information because “there was not and is not a national reporting requirement for assisted living facilities with COVID-19 cases: there is only non-binding guidance from [Centers for Disease Control and Prevention] on preventing and mitigating outbreaks in assisted living facilities. As a result, there is little comprehensive national information available on the extent of COVID19 outbreaks in assisted living facilities and the actions taken by assisted living facilities and their operators to address these risks.”

Full Article & Source:
3 members of Congress give 11 assisted living CEOs until Friday to detail their COVID-19 strategies

Monday, March 30, 2020

Collins’ Alzheimer’s bill signed into law as part of Supporting Older Americans Act

Bipartisan legislation to fight Alzheimer’s disease sponsored by U.S. Sen. Susan Collins (R-ME) became law on March 25 as part of a larger, sweeping bill to improve services for America’s elderly population.

Sen. Collins in March 2019 introduced the Younger Onset Alzheimer’s Disease Act, S. 901, with original cosponsors U.S. Sens. Bob Casey (D-PA) and Shelley Moore Capito (R-WV) to support American citizens under the age of 60 who experience the early onset of the disease by ensuring the availability of and access to certain programs and services.

Her measure became part of the Supporting Older Americans Act (OAA) of 2020, H.R. 4334, which will establish, reauthorize and revise several programs administered by the U.S. Department of Health and Human Services and the U.S. Department of Labor related to care for the elderly. President Donald Trump signed H.R. 4334 into law on Wednesday.

The bipartisan bill will reauthorize the Older Americans Act for five years and includes a 7 percent increase in the initial year, and 6 percent increase annually for the remainder of the authorization.

“As chairman of the Senate Aging Committee, it was one of my highest priorities to get this bill across the finish line to strengthen the OAA’s programs while providing more flexibility for states to meet local needs,” said Sen. Collins.

Among numerous provisions, H.R. 4334 ensures that those living with younger-onset Alzheimer’s disease are included in key OAA services, according to a bill summary provided by Sen. Collins’ office.

“For more than half a century, the Older Americans Act has served as a lifeline for millions of seniors by enriching their lives and improving their overall health,” Sen. Collins said. “This bipartisan legislation will help ensure that the OAA continues to match the goals we set to permit seniors to age with dignity, respect, and community.”

Administered by the U.S. Administration for Community Living, the OAA authorizes an array of services through a network of 56 State Units on Aging and more than 600 Area Agencies on Aging across the country.

Full Article & Source:
Collins’ Alzheimer’s bill signed into law as part of Supporting Older Americans Act

Sunday, March 29, 2020

Older Americans Act reauthorization signed into law

by Lois A. Bowers

H.R. 4334, the Supporting Older Americans Act of 2020, was written by Sens. Susan Collins (R-ME) and Bob Casey (D-PA), pictured here.
President Trump reauthorized the Older Americans Act for five years on Wednesday, signing into law H.R. 4334, the Supporting Older Americans Act of 2020. The OAA was last reauthorized in 2016 under President Obama.

“This bipartisan legislation will help ensure that the OAA continues to match the goals we set to permit seniors to age with dignity, respect and community,” said Sen. Susan Collins (R-ME), who authored the Supporting Older Americans Act of 2020 with Sen. Bob Casey (D-PA).

Since 1965, the OAA has supported older adults through programs designed to prevent abuse and neglect, support caregivers, offer employment and community service opportunities, promote nutrition (for instance, through Meals on Wheels) and improve transportation options. The Supporting Older Americans Act of 2020 includes a 7% increase in funding in the initial year and a 6% increase annually for the remainder of the authorization.

The OAA serves more than 10 million older Americans annually, said Casey, ranking member of the Aging Committee. “It represents our commitment to the generations who made us who we are today and lifts up the seniors who need our help the most,” he said.

Services are provided through 56 State Units on Aging and more than 600 Area Agencies on Aging.

Debra Whitman, chair of Leadership Council of Aging Organizations, a coalition that includes LeadingAge and AMDA-Society for Post-Acute and Long-Term Care Medicine, said the group “welcomes the unanimous reauthorization of the Older Americans Act like a fresh breath of spring.”

Elder advocacy group SAGE said the act is the first bipartisan piece of LGBT-inclusive legislation to become law during the Trump administration. The reauthorization will hold state and local departments of aging accountable for undertaking outreach to lesbian, gay, bisexual and transgender older adults who need services in their communities, according to the organization. “It also will hold them responsible for engaging in both data collection and reporting on the needs of LGBT older people and whether they are meeting those needs,” SAGE said.

The legislation, according to the senators, ensures that those living with younger-onset Alzheimer’s disease are included in key OAA services; improves elder abuse prevention activities through increased outreach and education activities; increases the focus on addressing detrimental impacts of social isolation; promotes multigenerational programming; advances support for age-friendly communities; improves the availability of transportation resources to seniors; extends the RAISE Family Caregivers Act for an additional year, extends the Grandparents Raising Grandchildren Council for one year; enhances flexibility for states to better address the needs of grandparents raising grandchildren; increases transparency of home-modification opportunities for eligible older adults; upgrades data collection methods to understand unmet need in nutrition programs; and bolsters innovation in the OAA through evaluation of demonstrations and existing programs.

Full Article & Source:
Older Americans Act reauthorization signed into law

Friday, November 15, 2019

Collins urges VA to protect veterans from financial scams

U.S. Sen. Susan Collins (R-ME), chairman of the Senate Aging Committee, sent correspondence Nov. 8 urging Veterans Affairs (VA) Secretary Robert Wilkie to increase protections against scams targeting veterans.

The letter specifically asked Wilkie to ensure that the VA was taking necessary steps to alert veterans to targeted scams and to gather information about what protective steps the department has already taken. It was co-signed by the 12 members of the Aging Committee, including Committee Ranking Member Bob Casey (D-PA).

Prior to the letter, Sens. Collins and Casey held a committee hearing on Nov. 6 that focused on the importance of preventing veteran-targeted scams and aggressively prosecuting the individuals behind the scams.

“One issue that calls for our immediate action is to fight a newer enemy facing our veterans – relentless criminals who seek to rob them of their life savings and defraud them of the benefits they have earned in service to our country,” Sen. Collins said. “Veterans and their families have a right to expect that the nation they served will fight to protect them.”

According to a 2017 AARP study noted by Sen. Collins’ office, veterans were twice as likely to lose money to scams than non-veterans, with 80 percent of those being targeted with scams pertaining to their veteran status.

“As scammers become more sophisticated in their efforts, it is imperative that VA play an active role in combatting financial exploitation posed by scammers,” the senators wrote to Wilkie.

“Veterans and their families have a right to expect that the nation they served will fight to protect them from such unscrupulous tactics… It is critical that Congress fully understands how our nation’s veterans are affected by financial fraud, and what Veterans Affairs is doing to protect them.”

Full Article & Source:
Collins urges VA to protect veterans from financial scams

Friday, August 16, 2019

It's Time To Make The Elder Justice Act More Effective

By Bob Blancato

Ageism can creep into public policy and negatively affect millions of older Americans. A prime example: the nation’s failure to prevent elder abuse despite the upcoming 10th anniversary of the bipartisan Elder Justice Act in March 2020.

Passing that law took seven years. Back then, the struggle to get the legislation enacted was convincing lawmakers that elder abuse, neglect and financial exploitation were real issues. Yet there had been more than 45 years of laws defining the federal response to child abuse and domestic violence.

Unfortunately, the struggle continues today.

The Underfunding of the Elder Justice Act

The Elder Justice Act has received less than 10% of the funding that was authorized, especially with respect to achieving its main goal of dedicated funding for Adult Protective Services. What’s more, major provisions of the legislation — including the creation of forensic centers to help in elder abuse detection — have never been funded.

Why is that?

As the national coordinator of the bipartisan Elder Justice Coalition, I believe there are three factors.

The first, and biggest one: denial.

Many policymakers and their staffs still don’t acknowledge elder abuse and neglect as a problem. So, it is nearly impossible to persuade them that it warrants new federal money. Yet the Justice Department has clearly acknowledged the issue, noting that one in 10 people over 60 are victims and that victims of elder financial abuse can lose up to $3 billion a year.

A second factor for the failure of the Elder Justice Act to be fully implemented is a lack of reliable data showing the extent of this problem. In our world today, data drives dollars. Here’s one statistic worth noting: The Government Accountability Office says the recorded number of instances of abuse in nursing homes more than doubled from 2013 to 2017.

A third factor is what I call the “friendly fire” problem. Advocates against domestic violence have done a very effective job getting federal attention, but they haven’t extended their effectiveness to help advance elder justice. The irony is that the predominant victim in domestic violence and elder abuse is a woman.

Ageism at Work

It isn’t hard to see that ageism is at work here.

Any victim of abuse, neglect or exploitation — no matter her or his age — should be helped. Programs need to be in place that would prevent and detect abuse and provide needed support systems. This is not today’s reality. Elder abuse is the last element of our nation’s inter-generational cycle of abuse and lagging the furthest behind in terms of a response from policymakers.

Compounding the problem is lax enforcement of laws already in place for elder abuse prevention and prosecution, especially for victims of abuse in nursing homes. Earlier this year, in her Senate Finance Committee testimony, one daughter spoke about the death of her mother from dehydration caused by neglect at a nursing home which had previously received the highest 5-star rating from the federal government.

Champions in Congress and in the Trump Administration

Thankfully, there are a few strong elder justice champions in Congress in both parties.

Sen. Charles Grassley, the Republican chairman of the Senate Finance Committee, and Sen. Ron Wyden, the committee’s top Democrat, are working on a new Elder Justice Act. They’ve held two major hearings over the past few months.

Rep. Peter King (R-N.Y.) and Rep. Suzanne Bonamici (D-Ore.) have advanced important elder justice legislation in the House. Rep. Rosa DeLauro (D-Conn.), as chair of the Labor Health and Human Services Appropriations Subcommittee, has secured the funding that elder justice has today.

Sen. Susan Collins (R-Maine) and Sen. Bob Casey (D-Pa.) have ensured the Senate Special Committee on Aging addresses this issue as well.

There are strong Trump administration advocates working on elder justice, too, including Lance Robertson, assistant secretary of aging at the Administration for Community Living and Toni Bacon, who runs the Elder Justice Initiative at the Department of Justice.

And there are others in Washington. But not enough of them. How long will it be before the topic of elder justice is raised on the 2020 election campaign trail?

In testimony I delivered before the Senate Finance Committee last month I said: “…failure to improve the federal response to elder abuse may be one of the worst examples of ageism in public policy.”

Opportunities for Change

There are real opportunities to change things in Congress, though.

The first is the passage of the two-year budget agreement which will allow elder justice programs to get needed increases. The House passed its funding bill and the Senate is expected to in September. (You can follow my group’s website, ElderJusticeCoalition.com, for details.)

The second opportunity is passage of the bipartisan Elder Justice Reform Act, a bill that’s expected to be introduced in September. It will address elder justice issues including: more funding for Adult Protective Services and the Long-Term Care Ombudsman Program as well as strengthened criminal background checks of employees at long-term care facilities.

Anyone who has an older relative, friend or neighbor should demand the federal government do more to prevent elder abuse. Whether it’s stopping robocalls and scams or protecting older adults from opioid misuse and abuse, our voices need to be raised.

The solutions are there. We just need to muster the political will and the outrage to force action.

Full Article & Source:
It's Time To Make The Elder Justice Act More Effective

Sunday, July 28, 2019

Elderly robocall scam victim committed suicide after 'fraudsters' stole life savings

Click to Watch
The Senate Aging Committee heard testimony Wednesday from witnesses and government officials explaining the impact of criminals that are unseen – but heard – over phone lines.

Sen. Susan Collins, R-Maine, noted last year that robocallers generated 26 billion unwanted calls reaching Americans’ mobile phones.

She said adding landline outreach grows that number to 48 billion calls.

One of those people on the other line was Marjorie Jones, an 82-year-old woman who committed suicide after giving up her life's savings to phone scammers.

“They told her she had won a large cash prize, and all she had to do was pay the taxes and fees,” Angela Stancik, Jones’ granddaughter, explained to lawmakers.

Stancik said she realized her grandmother was a victim of elder fraud in the last conversation she had with her.

She needed $6,000 “as soon as possible,” and was desperate. The family could never think of a time she needed to borrow money in the past.

“I could hear the panic in her voice, and she was very very afraid.”

Stancik’s father had just wired $8,000 the week prior. He thought someone was scamming her, but given her tone, he wired the $6,000.

Jones killed herself a week later.

“It is clear to us that the circumstances that led to her death were caused by these criminals,” Stancik said through tears.

Her grandmother had bags of receipts in her closet that showed the money sent to unknown accounts, took out a second mortgage on her home, drained her life savings and cashed out all of her life insurance.

Federal authorities busted the elder fraud ring last year, when then-Attorney General Jeff Sessions said the victims targeted more than 1 million people living in the U.S.

The hearing follows a number of bills and initiatives proposed to help stop unwanted robocalls from reaching Americans on their phones.

Full Article & Source:
Elderly robocall scam victim committed suicide after 'fraudsters' stole life savings

Sunday, May 5, 2019

State Senate Passes Bill To Create Database On Abuse Of Elders, Adults With Disabilities

State Sen. James Maroney speaks in favor of a bill that passed the Senate April 26 to create a registry of offenders who have abused the elderly or adults with disabilities. Contributed photo.
Legislation to create and publicize a public database of offenders who have abused the elderly or adults with disabilities passed the State Senate April 26 by a bipartisan, unanimous vote.

State Sen. James Maroney (D-Milford), who co-chairs the Aging Committee, said this legislation will provide peace of mind to the elderly and their families.

“Connecticut is the sixth oldest state in the nation, and as investigations of elder abuse have doubled in the past several years in our state, it is vital to our community to protect this populace and this bill is a step in the right direction,” Maroney said. “I look forward to continue working with all my colleagues to get this bill signed into law.”

Senate Bill 832, “An Act Concerning Registries of Persons Found Responsible For Assaults or Other Abuse, Neglect, Exploitation or Abandonment of Elderly Persons or Persons with Disabilities,” will create a public database combining existing registries of offenders who have been convicted of assault or any form of abuse.

The Department of Emergency Services and Public Protection will establish and maintain the database and the Department of Health will publish the database on its website. The executive director of the Commission on Women, Children and Seniors will also provide a portal on its website which links to publicly available databases.

Twenty-six states are using elder abuse registries, according to the National Adult Protective Services Association. Despite some estimates ranging as high as five million elders being victims of abuse each year, only one in 14 cases are reported to the authorities, according to the National Council on Aging. Elders who have been victims of abuse have a 300 percent higher risk of death compared to elders who have not been abused, according to the NCOA.

“Other states have taken this step in order to protect their elderly community and we must do the same,” Maroney said. “This legislation will ensure that everyone has the necessary information to keep their loved ones safe from abuse, neglect or exploitation. These heartbreaking cases of abuse are preventable, and I am pleased we are moving in the right direction to ensure the elderly, adults with disabilities and their families no longer have to suffer.”

Before Senate approval, SB 832 was successfully voted out of the Aging Committee by a unanimous vote. The bill now awaits action the House of Representatives. If enacted, the legislation will go into effect on no later than Jan. 1, 2020.

Full Article & Source:
State Senate Passes Bill To Create Database On Abuse Of Elders, Adults With Disabilities

Tuesday, March 12, 2019

Guarding the Guardians


ME (WABI)- A former state lawmaker from Frankfort awaits sentencing, after being found guilty last November of bilking two elderly women out of millions of dollars.

Senator Susan Collins is sponsoring legislation to protect individuals from abusive guardians.

Joy Hollowell tells us more.

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In November, 53-year old Robert Lindell, Jr. was found guilty of theft and tax evasion.

The former legislator from Frankfort was working as a broker and financial adviser when he stole more than $3 million dollars from two elderly widows.

"In our country, there are 1.3 million Americans who have assets of some $50 billion whose lives are completely under the control of guardians," says Senator Susan Collins.

Senator Collins is the chair of the Senate Aging Committee. She says in many cases, a guardian is required when people are no longer able to make decisions on their own.

Lindell handled the estate of a 92-year-old Belfast woman who died in 2012.

He also managed assets for a woman in her 80's, living in France.

The Senate Aging Committee spent a year investigating ways to strengthen guardianship programs and better protect those who rely on the system.

As a result, Senator Collins is sponsoring the Guardianship Accountability Act. It would provide a sort of checks and balances for those in a guardianship role.

"Our bill is intended to promote states to adopt reforms where the courts would review regular reports from the guardians just to make sure that everything is on the up and up," Senator Collins explains.

In addition, the proposal encourages the use of background checks as well as easing restrictions on alternatives to the current system.

"Most guardians do a wonderful job of protecting people who have lost capacity," says Senator Collins. "But there are some who use their position to steal money from the very people they're supposed to be protecting."

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A sentencing date for Robert Lindell, Jr. has not yet been set.

He faces up to 10 years in prison and fines of $20,000 dollars.

Lindell could also have to pay more than $2 million in restitution.

Full Article & Source:
Guarding the Guardians

Thursday, November 29, 2018

Courts Fail To Protect 1.3 Million Vulnerable Americans In Guardianship Charges Senate Report

The 1.3 million Americans under guardianship need more protection by the courts, the Senate Aging Committee asserts in a new report. Photo credit: Getty

The courts are failing to protect the 1.3 million Americans with $50 billion in assets under guardianship, the Senate Special Committee on Aging concludes in a new report. “Unscrupulous guardians acting with little oversight have used guardianship proceedings to obtain control of vulnerable individuals and have then used that control to liquidate assets and savings for their own personal benefit,” the Committee, led by Maine Senator Susan Collins, asserts in the study, which took a year to complete.

State courts have few standards on who is allowed to be a guardian while criminal background checks are lacking, the study found. Greater oversight of guardians and guardianship arrangements, including mandatory criminal background checks, would help protect against abuse, neglect, and exploitation, the study concludes.

In addition to calling for greater care in the selection and monitoring of guardians, the Senate report urges judges to consider less restrictive forms of  assistance than traditional guardianship for many who have been placed under that form of control because of a disability, injury or dementia.

Those options include a partial guardianship limited to only some aspects of daily living and supported decision-making. Under supported decision making, the person is given the support and information needed to make an informed decision on their own, rather than having a guardian exercise control.

In some instances, people who have been put under guardianship have recovered to the point they should be removed from guardianship and have their freedom to make decisions restored, the study notes. However, this rarely occurs, the researchers found.

The Aging Committee report calls full guardianship one of the most restrictive forms of taking away an individual’s control of their lives that there is outside of institutionalization of the mentally ill and imprisonment.

“When a full guardianship order is imposed, the protected individual loses most of his or her basic rights, including the right to make medical decisions, to buy or sell property, to manage their own money, to marry, to choose where to live, or to choose with whom to associate,” the study explains.

Family members who are guardians frequently aren’t familiar with the duties and obligations expected of them and should be trained on the responsibilities, the study recommends.

The report praises most guardians as selfless, dedicated individuals who play an important role in safeguarding the persons under their care. But it cautions that  those who abuse the role  can do overwhelming harm.

As an example, the study pointed out a professional guardian and her staff who were charged this year in Nevada with in excess of 200 felony counts for allegedly taking advantage of and financially exploiting more than 150 persons under their care.

In North Carolina, two individuals lost hundreds of thousands of dollars through exploitation by a family member who served as their guardian.

Full Article & Source:
Courts Fail To Protect 1.3 Million Vulnerable Americans In Guardianship Charges Senate Report

Wednesday, July 25, 2018

Aging Americans with disabilities require more options for financial stability, Collins says

Many Americans with disabilities continue to have difficulties covering their monthly expenses as they age, despite myriad federal disability supports, according to U.S. Sen. Susan Collins (R-ME), chairman of the Senate Aging Committee, who thinks they need additional financial options.

“More than 56 million people in the United States live with a disability, and about 34 million of them are at the working age of 16 to 64,” the senator said in her opening statement during the committee’s July 18 hearing, entitled Supporting Economic Stability and Self-Sufficiency as Americans with Disabilities and their Families Age.

“It hasn’t always been easy, however, for people with disabilities who can and want to work to save for their own futures,” Sen. Collins said, noting that federal law caps the assets of a single person with disabilities who receives Supplemental Security Income (SSI) at $2,000.

“Being able to save money to make necessary modifications to a car, or a home, or just to pay for unexpected life events, can preserve the independence of individuals with disabilities. And aging parents of disabled children should also feel secure about their children’s futures as they enter into their own retirement years,” she added.

During the hearing, lawmakers and witnesses discussed federal policies, including ABLE accounts, a government system to help people with disabilities save money while they continue to receive their SSI benefits.

“Parents of children with disabilities were once discouraged from saving for their children’s future. This led to needless worry, sleepless nights and a lack of financial security,” Sen. Collins said. “Today, ABLE accounts offer a means to saving that can turn the tide. These options provide a sense of security to help produce a brighter future full of hope.”

ABLE accounts were established under the 2014 Achieving a Better Life Experience (ABLE) Act, a federal law that Sen. Collins cosponsored. Thus far, 39 states have started an ABLE program under the act. The senator’s home state of Maine is currently implementing an ABLE program to assist people with disabilities, according to a July 20 statement from her office.

But witnesses testified during the Senate Aging Committee hearing that many government-sponsored public support programs inadvertently prevent low-income individuals and families, including those with disabilities, from maintaining their eligibility for disability benefits.

For instance, Edward Mitchell, an independent living specialist for the Jackson Area Center for Independent Living in Jackson, Tenn., whose legs, hands and a portion of his chest are paralyzed from an injury, testified he’s only permitted to work part-time jobs so he may retain his federal benefits.

“I have been gaining experience and have completed my masters, but I can’t accept a full salary because it would impact my nursing benefits,” Mitchell said. “If I accepted a full salary, I would make too much and lose my disability benefits, but I would not make enough to directly pay for nursing care, even if I gave the home care agency my entire check.”

Likewise, in Pennsylvania, the state’s ABLE program currently has more than 1,400 account holders with $8.3 million under management, testified Jack Stollsteimer, Deputy State Treasurer for Consumer Programs and Public Engagement in the Pennsylvania Office of the State Treasurer in Harrisburg.

“And each of those account owners has their own story as to why ABLE is the best option for them to save, pay bills and make debit card purchases through their PA ABLE account,” Stollsteimer said.

“We have made so much progress – but we have so much more work to do,” he added, noting there are more than 60,000 children with disabilities in Pennsylvania. “With ongoing support from federal and state policy makers, our goal is to reach as many of them as we can,” said Stollsteimer.

Sen. Collins pointed out that roughly 27 percent of Americans with disabilities live in poverty, “the highest rate of any subgroup in the country.”

“This figure demonstrates why we must provide these individuals with more opportunities for financial freedom and stability, particularly during their older years,” said the senator.

Full Article & Source:
Aging Americans with disabilities require more options for financial stability, Collins says

Thursday, April 19, 2018

Vast Majority Of Elder Financial Abuse By Guardians Can Be Prevented, Experts Tell Senate

Senate Aging Committee Chair Susan Collins
The vast majority of elder financial abuse by guardians can be prevented, a panel of four experts unanimously told a Senate Aging Committee hearing today.

Among the low hanging fruit they recommended:
  • Enacting state laws to provide more often for less restrictive arrangements than guardianship, such as assisted decision making,  for seniors and others with disabilities.
  • Tell the individual under care and family members that a guardian has been appointed, what the guardian's responsibilities are and how to report guardian abuse.
  • Mandate guardians tell the courts when people under their care have become able again to make their own decisions.
As an example, stroke victims can quickly recover that ability, noted Nina Kohn, principal drafter of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

A guardian should be appointed only when a person cannot make their own decisions and is at risk of harm without the aid of someone to oversee their affairs, said Kohn, a Syracuse University law professor.

An estimated 1.5 million adults with billions of assets are currently under guardian care.

Senate Aging Committee Chair Susan Collins said less restrictive care can reduce the likelihood that someone could take advantage of a senior or misuse their assets.

The Maine Republican pointed to a Nevada guardian who was indicted last year on more than 200 felony charges, after having been given the authority by the courts over 400 individuals in 12 years.

Elder financial abuse by  guardians can range from outright theft to excessive fees, such as when an attorney charges his or her normal hourly rate for grocery shopping, the hearing was told.

“There is a significant risk potential to an older adult when a family or friend is appointed as a guardian. However, this risk grows exponentially with a guardianship agency who serves multiple adults under guardianship,” said Denise Flannigan, a guardianship supervisor for an area agency on aging in Western Pennsylvania.

A review of 27,000 guardianship cases in Texas regularly found unauthorized withdrawals from accounts; unauthorized gifts to family members and friends; and unsubstantiated and unauthorized expenses, Texas Judicial Council Executive Director David Slayton told the committee.

He added that in over 43% of the cases, guardians failed to meet all court-mandated reporting obligations, including providing information that a bond had been obtained, an inventory of assets in the estate and an annual accounting of transactions.

“Persons under guardianship should enjoy supported decision making whenever possible and have their rights restored in part or totally with all deliberative speed,” said Virginia Tech Gerontology Center Director Pamela Teaster.

The loss of rights makes it imperative guardianship is done right, said Aging Committee Lead Democrat Bob Casey.

Full Article & Source:
Vast Majority Of Elder Financial Abuse By Guardians Can Be Prevented, Experts Tell Senate

“Abuse of Power: Exploitation of Older Americans by Guardians and Others They Trust.”



Video & Source:
“Abuse of Power: Exploitation of Older Americans by Guardians and Others They Trust.”

Saturday, August 19, 2017

Casey tackles aging issues

WILKES-BARRE — Staffers who work with U.S. Sen. Bob Casey on the Senate aging committee have a joke about the scope of their work.

“As soon as you’re born,” he said, “you’re aging.”

Advocating for that all-encompassing constituency includes an obligation to protect programs like Medicare, Medicaid and Social Security, said Casey, the committee’s ranking Democrat, on Monday at a conference on aging at Wilkes University.

The next fight on that front will come with the federal government’s 2018 budget, the Scranton resident said. The plan from the U.S. House of Representatives includes cuts to Medicare over the next 10 years, as well as cuts to discretionary spending that Casey said could eventually affect other programs seniors care about.

For example, a cut in discretionary funding could affect how much money is available for Community Development Block Grants, a Department of Housing and Urban Development fund that supports a variety of local programs. With the federal government distributing less funding, states and local organizations have less money for initiatives like Meals on Wheels or heating assistance programs.

“We have a lot of fights ahead of us. We have to fight against those kinds of cuts,” Casey said.

Seniors are a major part of Casey’s constituency, and they account for a major part of federal spending. The 2010 budget allocated 20.4 percent of federal spending for Social Security and 13.1 percent of federal spending for Medicare, according to FactCheck.org.

Among the issues addressed at the conference was the threat of seniors being targeted by scams intended to rob them of their savings.

Scammers might pretend to be IRS agents claiming they’re owed money and threatening arrest, or lottery officials promising a bogus windfall.

The best course of action if someone threatens punishment for nonpayment is to hang up, said Tim Camus, an inspector with the Treasury Inspector General for Tax Administration.

The IRS won’t contact anyone first by telephone, and it also won’t threaten arrest or a lawsuit, he said.

Pennsylvania Secretary of Aging Teresa Osborne spoke about drug abuse. Even though they’re not often the face of the opioid crisis, older Americans are not immune from the problems caused by the drugs, which have led to an increase in overdose deaths in recent years.

“We really have to elbow our way into the discussion about the opioid crisis,” she said.

Senior citizens can be addicted themselves or face having to care for a family member who is addicted or left vulnerable because of someone else’s addiction, Osborne said.

Conference panelists also addressed funding of programs that affect seniors.

Mary Roselle, executive director of the Area Agency on Aging for Luzerne and Wyoming Counties; Tim Camus, a deputy inspector general for the U.S. Treasury Department; and Gail Roddie-Hamlin, president and CEO of the Greater Pennsylvania Chapter of the Alzheimer’s Association, all had a simple answer when asked what they wanted Casey to know: They could use more funding for their missions.

That’s the central challenge of government, Casey said, citing research into Alzheimer’s disease as an example.

Because of investments in research, Pennsylvania has the potential to be the place where there’s a major breakthrough on a cure for Alzheimer’s, he said.

“But we can’t continue that research on Alzheimer’s or anything else unless we continue to pound the table” for funding, he said.

Full Article & Source:
Casey tackles aging issues