Podcast: Families ripped apart by guardianship disputes

by Bob Sullivan

Former Florida guardian Rebecca Fierle was arrested last year and charged with aggravated abuse of an elderly person after she signed a do not resuscitate order on behalf of a 75-year-old man in her care — against his will — and he died when his feeding tube was capped.

That’s just one of the dark stories you’ll find if you start researching guardianship disputes around the nation.

I’ve spent the past couple of months working on a podcast about guardianship cases for AARP’s The Perfect Scam podcast. It’s a heartbreaking topic, full of raw emotion, and attacks on vulnerable people, families torn apart by this difficult phase of life. It’s also a complex tale, but I hope we’ve told it well, and I hope you’ll give this week’s episode a listen. Click on the image below to reach AARP’s podcast page, or find The Perfect Scam wherever you listen to podcasts. A brief transcript excerpt follows the link.

-TRANSCRIPT EXCERPT———-

It’s one of the most heartbreaking realities of life; people get to a point when they can’t make decisions for themselves about their money, about their own health, and about where they live. Legal authority is granted to someone else. A court-appointed guardian is named to make these decisions. About 1.3 million people in the US are currently guardianship: 85% of them over 65. Guardianship is a process that involves families, lawyers, guardians, healthcare providers, and state courts. It’s an awesome responsibility with the goal of looking after the person’s best interests. It’s not always easy for a judge to decide what’s in the best interest of a vulnerable adult or who is best to make decisions for them. More often than not, a judge will appoint a family member, however, sometimes a judge may appoint a professional guardian, especially if there is family conflict or no family or friends are available or willing to serve as the guardian.

As you can imagine, these cases can be complicated and extremely emotional, and they have sometimes served as an unfortunate way for bad actors to take advantage of vulnerable adults.

00:04:39] (news clip) “Now to a news alert out of Marion County. A former Florida guardian at the center of a statewide scandal faces aggravated abuse and elderly neglect charges. Investigators say Rebecca Fierle signed a “Do No Resuscitate” order for a 75-year-old. His name’s Stephen Stryker, against his own wishes. Stryker died…”

“Susan and William Harris were caught in Oklahoma after fleeing New Mexico and failing to show up for sentencing in what’s known as the Ayudando Guardian’s case. The two stole 11 million dollars from those under the guardianship’s care. Susan Harris…”

“Four people are facing more than 250 felony charges for crimes against the elderly. Well they’re taking plea deals. And their conviction’s bringing to an end what Chief Investigator Darcy Spears started nearly four years ago. The most significant guardianship exploitation case in Nevada…”

“Lawyers with the District Attorney’s Office spelled out what they could prove if this case did go to trial, including multiple billing scams, charging for unneeded services, and…”

“Paul Donesdorf ran the nonprofit trust for 10 years. In February, he pleaded guilty to stealing nearly 7 million dollars from DSLM accounts. He was sentenced to…”

(Click here to listen to the podcast)

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Podcast: Families ripped apart by guardianship disputes

Judiciary Committee Advances Grassley-Blumenthal Bill to Curb Crimes Targeting Seniors

PoliticalNews.me - Sep 17,2016 - Judiciary Committee Advances Grassley-Blumenthal Bill to Curb Crimes Targeting Seniors

WASHINGTON – The Senate Judiciary Committee passed legislation to help reduce crimes against America’s seniors through expanded education, prevention and prosecution tools. The Elder Abuse Prevention and Prosecution Act, which was introduced by Chairman Chuck Grassley of Iowa and Senator Richard Blumenthal of Connecticut, passed the committee by a voice vote without objection.

“Crimes targeting America’s senior citizens are widespread and have impacted families across the country including Iowa. As more and more Americans age and become targets of these crimes, law enforcement, seniors and their caregivers must be better equipped to prevent and respond. The Elder Abuse Prevention and Prosecution Act takes meaningful steps to deter criminals seeking to exploit seniors and hold accountable those who do,” Grassley said.

“The unconscionable scourge of elder abuse is all too common in our country. It’s an issue that notably hit home in Connecticut with the tragic case of Purple Heart recipient Robert Matava. This national hero deserved the utmost care during his senior years, but instead he was defrauded by those he trusted most. Our bipartisan legislation, a portion of which is named in Matava’s honor, is now one step closer to raising awareness, improving prevention, and increasing prosecution in order to combat this shameless crime,” Blumenthal said.

The bill (S. 3270) expands data collection and information sharing to better prevent and respond to all forms of elder abuse and exploitation, including financial crimes against seniors.  Specifically, the bill increases training for federal investigators and prosecutors and calls for the designation of at least one prosecutor in each judicial district who will be tasked with handling cases of elder abuse.  It also ensures that the Federal Trade Commission’s Bureau of Consumer Protection and the Justice Department will both have an elder justice coordinator.  Further, the bill improves information sharing among government agencies and between federal, state and local authorities to develop best practices in the fight against elder financial exploitation.  Finally, the bill increases penalties for perpetrators of such crimes – including mandatory forfeiture – to deter future offences.

The bipartisan 3,000-member Elder Justice Coalition called the bill, “one of the most comprehensive and meaningful bills ever developed to address the rapidly increasing problem of elder financial abuse in America.” The bill also has the support of the Alzheimer’s Association, the National District Attorneys Association,  Consumers Union, SIFMA, the 60 Plus Association, Leading Age, and the National Center for Victims of Crime, as well as the Conference of Chief Justices and the Conference of State Court Administrators.

Along with Grassley and Blumenthal, the bill is cosponsored by Senators, John Cornyn (R-Texas), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), Michael Bennet (D-Colo.), Dianne Feinstein (D-Calif.), and Thom Tillis (R-N.C.).

Earlier this year, Grassley chaired a Judiciary Committee hearing to examine how best to protect older Americans from financial abuse. Grassley also launched several inquiries to combat crimes against seniors and worked to raise greater aware for such issues facing seniors. (Click to continue)

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Judiciary Committee Advances Grassley-Blumenthal Bill to Curb Crimes Targeting Seniors

Crimes against the elderly a growing Kentucky concern

In state fiscal year 2015, Adult Protective Services investigated nearly 46,000 reports of abuse, neglect and financial exploitation in Kentucky. Yet, despite the fact that a growing number of elderly are increasingly vulnerable to a broad range of exploitation and abuse, knowing just how many and who they are, is often quite difficult to identify.

According to a report by the U.S. Department of Justice Community Oriented Policing Services, there are a number of reasons why it is hard to measure how widespread the problem is. One initial — and unresolved — issue is how best to define “elderly.” While age 65 and above is commonly used, this definition varies across studies, state laws, and service providers such as Adult Protective Services. Another concern is that a single category of “elderly” is too broad no matter what age demarcation is used.

Kentucky does not have an “elder abuse” law, rather the law provides for protection of adults age 18 and over “who because of a mental or physical dysfunction cannot carry out the activities of daily living or protect themselves from others who may abuse, neglect, or exploit them.” According to Steven Fisher, Branch Manager of Adult Protection Services in Frankfort, “The vulnerability of the alleged victim is a paramount consideration in screening and determining who is eligible for APS investigation.”

In states where non-fatal crimes involving elderly victims have been recorded, the data shows that victimization of older adults span all types of crime. However, according to a National Criminal Victimization Survey (NCVS), older adults overall have the lowest reported victimization rates in comparison to other age groups, despite the fact that, “isolation, reliance on caregivers, and decreased physical or mental capacity can increase older people’s exposure to physical and mental abuse.”

The survey further points out that older adults — especially those on the brink of retirement or otherwise viewed as having resources to exploit — may also be targeted for these crimes.

There is widespread agreement that fraud in general is dramatically underreported. A 2015 True Link Report on Elder Finance Abuse revealed that seniors lose over $36 billion each year to elder financial abuse — more than twelve times what was previously reported.

That’s one reason why Kentucky Attorney General Andy Beshear joined with Kroger, AARP and more than 25 other partner organizations in the state to recently launch Scam Alerts — a text messaging service that notifies consumers when con artist are on the attack. However, it’s not just seniors who stand to benefit. In the past four months, Beshear has notified Kentuckians of a student loan debt relief scam, the Publishers Clearing House Sweepstakes scam, a scam targeting victims of financial fraud, IRS and federal warrant scams and a labor law poster scam targeting small-business owners. Kentuckians can sign up for Scam Alerts by texting KYOAG Scam to GOV311 or enroll online at www.ag.ky.gov/scams .

According to the Better Business Bureau Top Ten Scams of 2015, tax scams were by far number one, more than the next three categories (debt collections; sweepstakes/prizes/gifts; and tech support) combined. “Scammers are all basically imposters,” noted Mary E. Power, president and CEO of the Council of Better Business Bureaus, the umbrella organization for 113 local independent BBB’s across the United States, Canada, and Mexico. “Three of the top four scams reported to us are those that scare people with threats of arrest, lawsuits, or other frightening actions. Scammers are pretending to be government agents, lawyers, debt collectors, police officers. They engage directly with you.” Her best advice for avoiding a scam, “stop engaging.” “Hang up the phone, delete the e-mail, shut the door.”

There is a science to scams that many experts would agree, rely on one of three basic approaches. The scammer establishes a connection by building a rapport and a relationship with the victim. The scammer shows source credibility by pretending to be from a trusted business or government agency; or the scammer plays on your emotions to get you to make a quick decision before you have time to think about it.

Yet despite what we know, national research estimates report that as few as 1 in 25 exploitation cases are ever brought to the attention of APS and other authorities. What may be even more alarming is the research indicating that adult children and relatives make up just over 50 percent of perpetrators of all types of maltreatment including exploitation. According to Adult Protection Services, “when we think of adult maltreatment or abuse, neglect, and exploitation of the elderly and disabled, we need to consider the persons that have access, who may be in a position to foster dependence, isolate, control or manipulate the adult and their environment. Most often these are familial relationships that again are largely undetected and under-reported.”

Elder abuse is often a silent crime. Most of us never see it because most victims are abused behind closed doors. And, too often, people who do see it choose not to get involved because it’s “none of my business.” Since Kentucky is a mandatory reporting state (Reference KRS 209.030), the law says it is our business. If you suspect elder abuse, you are legally required to report it. Calls can be made anonymously at the 24 hour toll free hotline 1-800-752-6200.

Abuse, neglect, and financial exploitation are not just a victim’s issue; they’re everyone’s issue.

To learn more, tune in to Community Conversations at 1340 WEKY or 1500 WKXO on Wednesday June 8 at 1 p.m.

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Crimes against the elderly a growing Kentucky concern

Dougherty County officials see increase in crime against elderly

ALBANY, GA (WALB) - Dougherty County law enforcers say exploitation crimes against the elderly are skyrocketing

 Investigators, prosecutors, and judges all agree that crooks see many seniors as easy targets.  And they say family members are too often the ones exploiting the senior citizens.

 It's a shocking crime that law enforcement says is increasing dramatically as the population ages.

 The District Attorney says he is looking to start a task force to work only crimes against the elderly.

27 year old Jamia Williams was arrested this week and charged with financial exploitation of a person over the age of 65. The victim, her grandmother.

Dougherty County Sheriff's Office Captain Craig Dodd said "She turned in a check to a landlord to pay rent and back rent. And it was on her grandmother."

Probate Judge Nancy Stephenson says her office is seeing a big increase in crimes against the elderly.

Stephenson said "It's epidemic really. And for everyone you see that's caught, there are ten more that we don't know about yet."

District Attorney Greg Edwards said crimes against the elderly are growing quickly because there are more elderly, they have more money, and are reporting the crimes.  A growth so disturbing he wants to start a task force to deal with them.

Edwards said "Try to obtain grant money for the purpose of developing a division that will deal primarity with victims of elder abuse and elderly crime."

And law enforcement says in the majority of the crimes, it's their family members ripping them off.  Stephenson said "They feel entitled to their parents money, and they feel it's unfair that they are having to take care of this elderly person that no one ever expected to live this long."

Law enforcement says as the population ages, they expect crimes targeting the elderly to only get worse.

That's why the D.A. says he sees the need for more investigators fighting crimes against the elderly.  Williams is facing two felony charges, and remains in the Dougherty County jail Tuesday night.

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Dougherty County officials see increase in crime against elderly