Showing posts with label fiduciary duty. Show all posts
Showing posts with label fiduciary duty. Show all posts

Thursday, June 12, 2025

Executor embezzles $3.7 million from dementia patient, exposing a growing elder-fraud crisis


When a 66-year-old trustee systematically drained $3.7 million from his 92-year-old dementia patient’s accounts, it laid bare the devastating human toll behind soaring elder-fraud statistics. Now, cooperatives like Appalachian Community Federal Credit Union are responding with age-friendly alerts, legal safe harbors, red-flag training, and World Elder Abuse Awareness Day initiatives to turn data into decisive protection.

After befriending a 92-year-old woman who suffered from senile dementia—and, after being named her executor and trustee, a 66-year-old man systematically drained $3.7 million from her accounts through withdrawals, checks, and credit-card charges.  

The man then squandered the funds on lavish vacations, gourmet dining, high-end shopping, theater tickets, alcohol—and even extensive plastic surgery—leaving the woman’s estate and heirs virtually penniless.  

That’s all, according to the district attorney, who condemned the crime as a “take advantage of an elderly woman suffering from senile dementia,” noting that the betrayal not only robbed the woman of her lifetime savings but also violated the fiduciary duty he was entrusted to uphold.

Unfortunately, this type of crime is common. In 2024, older Americans lost $12.5 billion to scams and fraud—a 25 percent increase over 2023’s $10 billion—while victims aged 60 and older filed 147,127 complaints with the FBI’s Internet Crime Complaint Center, reporting $4.9 billion in losses (a 43 percent jump).  

What elder financial exploitation is—and why it matters

The Department of Justice defines elder financial exploitation as the improper use of an age-60-or-older adult's funds, property, or resources by another individual, including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers, or denying them access to their wealth.

The figures above underscore not only the scale of financial harm but also the urgency for proactive defenses.  

The most common types

In conjunction with World Elder Abuse Awareness Day on June 15, Appalachian Community Federal Credit Union posted a news item stressing how tellers and member-services staff become the first line of defense in daily interactions.  

Appalachian Community FCU also shared a list of the most common elderly financial abuse:

  • Property theft
  • Misuse of income or assets
  • Forged checks
  • Fraudulent use of Power of Attorney privileges
  • Lotteries and phony contests
  • Phony solicitation from charities
  • Investment fraud
  • Medical scams
  • Contractor scams
  • Grandparent/grandchild imposter emergency scams
  • Sweetheart or romance scams

Common schemes and red flags  

There are warning signs that credit unions can be mindful of. It might be something as eye-catching as sudden large withdrawals or abrupt shifts in an investment strategy. It could be something as subtle as a new signer on an established account. These often occur through common schemes:

Family or caregivers: Misuse of joint accounts or powers of attorney remains prevalent.  

Strangers: Romance scams, tech-support imposters, and “grandparent emergency” pitches drive urgent wire-transfer requests.  

Financial professionals: High-pressure investment solicitations and unauthorized transfers occur often enough that many states now permit temporary “report-and-hold” freezes when exploitation is suspected.  

Credit unions as front-line defenders

At Achieva Credit Union’s Clearwater branch in early 2025, an 89-year-old member arrived to withdraw $9,500 after receiving a call from someone claiming to be her grandson’s attorney. Teller Jennifer Sgro recognized the unusually large, urgent request, engaged the member in conversation, and then quietly called the grandson—who was safe and unaware of any legal trouble—and the member’s daughter.  

Sgro subsequently notified local law enforcement and placed the transaction on hold, effectively blocking the scammer and preserving the member’s life savings. This swift, informed response underscores how empowered frontline staff—armed with red-flag training and trusted-contact procedures—can turn routine withdrawals into critical fraud interventions.

Credit unions can consider how to establish their own red-flag alerts and rapid interventions:

Trusted contacts. Encourage members to designate a trusted third party—often a family member—whom staff may alert before questionable transactions proceed. Collect the trusted contact’s information at account opening.

Legal safe harbor. The Senior Safe Act and FINRA/SEC guidelines shield good-faith staff who pause or report suspicious transactions from liability.

Mandatory training. Institutions leverage up-to-date modules—from CFPB’s Office for Older Americans to NASAA/FINRA toolkits—to refresh red-flag recognition annually.

Embed fraud alerts. Place fraud alerts within e-statements, mobile-app banners, and lobby signage.  

Formalize “report-and-hold” procedures. Aligned procedures with state safe-harbor statutes to freeze suspect disbursements up to 15 days.  

Host World Elder Abuse Awareness Day events. For example, EECU Credit Union (Fort Worth, Tex.) is planning an on-campus “Purple Pep Rally & Walk” on June 13, 2025, to demonstrate an in-person community campaign—complete with purple tees, informational booths, and survivor testimonials—to raise local awareness of elder-exploitation schemes.

With more than $12.5 billion in verified 2024 losses and nearly 150,000 elder-victim complaints, the imperative for credit unions is clear. By embedding age-friendly features and equipping staff with current red-flag training, credit unions can protect their members’ savings and strengthen trust at every branch.  

Full Article & Source:
Executor embezzles $3.7 million from dementia patient, exposing a growing elder-fraud crisis 

Friday, June 6, 2025

‘He failed in his fiduciary duty’: My brother liquidated our mother’s 401(k) for her nursing home. He claimed the rest.

‘My brother, the executor of her will, coerced her during her illness to give him power of attorney’

By Quentin Fottrell 


Dear Quentin,

My mother recently passed away; she had blood cancer, which was diagnosed 2023. I was to receive half of all her assets. My brother, the executor of her will, coerced her during her illness to give him power of attorney. My mother and brother liquidated her significant 401(k) account into a fund to help with home/nursing care. 

My brother is now stating that the balance, which was not consumed by nursing-home costs, is lawfully his. I have requested a copy of the power-of-attorney document. I have, in-hand, all wills by my father and mother where it clearly states all assets are to be divided equally, including stocks in her 401(k). I also have texts stating that the funds were liquidated for this purpose. 

My understanding is that he failed in his fiduciary duty as the POA was void at death. 

What can I do?

The Sister


Dear Sister,

It may or may not have been a good idea, at the time, to liquidate your mother’s 401(k) to pay for her nursing home, but desperate times sometimes call for creative measures. To do it all at once raises questions about tax implications and your brother’s motivations for creating such a pile of cash. Given that he now lays claim to it, the answer seems to paint him in a bad light.

The only way he could access this money — as you say, his POA duties were null and void upon your mother’s death — is if he deposited this money in a bank account with his name on it. Either that, or he added his name to an existing account in your mother’s name. It’s an old trick: telling an elderly parent you’re a co-signer while making yourself a co-owner.

Larceny, the theft of someone’s property, is a felony in most states, depending on the amount stolen. He is likely betting on your legal inexperience and good nature to get away with it. There is a statute of limitations on elder financial abuse in most states, and you should treat this as such.

Larceny, the theft of someone’s property, is a felony in most states, depending on the amount stolen.

The Securities Industries and Financial Markets Association, or Simfa, has a checklist for financial abuse, including “numerous withdrawals of smaller amounts” and “changing power of attorney or the beneficiaries on insurance or investment accounts.” Simfa recommends people in your position to contact an Eldercare Locator information specialist toll-free on 800-677-1116 weekdays, 9 a.m. to 8 p.m. Eastern time. It has both English- and Spanish-speaking specialists. 

But now you are faced with a dilemma: Can you prove that your brother committed fraud and/or elder financial abuse by helping himself to her substantial 401(k)? If he had, for instance, taken a reverse mortgage on your mother’s house to pay for the home, the remaining equity would have remained in your mother’s estate and, as such, would have gone through probate. 

The sooner you consult a lawyer and contact your late mother’s bank, the better. Executors and power of attorneys, as you suggest, don’t have unfettered power. They have a legal responsibility to act in their client’s best interest, and they can face civil and criminal penalties for failing in those duties. Self-dealing is obviously a no-no.

Your attorney will likely advise you to file a petition and remove your brother as executor and, hopefully, freeze any bank accounts that he has access to. Executors can be removed for enriching themselves at the expense of the estate through incompetence or financial malfeasance. You’re being hoodwinked and gaslighted by your brother.

Full Article & Source:
‘He failed in his fiduciary duty’: My brother liquidated our mother’s 401(k) for her nursing home. He claimed the rest.  

Tuesday, November 17, 2020

Power-of-Attorney Abuse Can Drain Your Retirement Savings. Choose One Wisely.

By Neal Templin


Durable power of attorney is one of the most important and useful documents you will ever sign. It is also one of the most dangerous if it falls into the wrong hands.

Your will controls what happens to your money after your death. But the power of attorney can determine what happens to it while you’re still alive. If abused, there may not be any money for anyone to inherit.

“It really is essential that the person giving the power of attorney understand how powerful the document is,” says Vincent Casiano, a San Diego estate lawyer.

Legally, a person with power of attorney has a fiduciary duty to serve the best interests of the person on whose behalf he or she is acting. But the reality is that nobody polices how most power-of-attorney agreements are used. While the vast majority are used correctly, estate lawyers say that unscrupulous people have used the designation to pay personal expenses, move real estate into their name, or loot the assets of the person they’re representing.

Kerry Peck, a Chicago lawyer who specializes in litigating estate and trust cases, says his firm handles a half dozen or so power-of-attorney abuse cases a year. Some involve caregivers who enter into relationships with ailing clients.

Peck handled a case some years ago where a well-to-do man in his 70s began going to physical therapy after suffering a stroke. He soon became involved with the therapist, a woman in her 40s, and gave her power of attorney. The therapist used the man’s money to go on a spending spree, including buying a car and making a down payment on a vacation home. In all, she took close to half a million, Peck said.

His firm was alerted by relatives and it eventually got the man placed in a court-monitored guardianship to safeguard his assets. Peck said lawyers were able to recover only a part of what the therapist had taken from the man.

“When you pick your agent under power or attorney, you need to pick someone who loves you more than they love your money,” Peck said.

Power-of-attorney agreements for various purposes have existed for centuries, but the durable power of attorney is a relatively recent development. Previously, if you gave power of attorney to someone to represent you in financial dealings, the agreement became invalid as soon as you were incapacitated.

Your financial affairs would then be handled by court-monitored guardianships, which are still used today in cases where there is no power-of-attorney agreement. But guardianships are cumbersome, expensive and can take many weeks to set up. In the 1950s, states began permitting a durable power of attorney that would persist even after a person was incapacitated.

Lawyers say the durable power of attorney is an improvement from the delays of a court-monitored guardianship. But with greater ease can come greater abuses—even from trusted loved ones.

Ken Russell, an estate lawyer from Huntington Valley, Pa., was involved in a case years ago in which an 87-year-old woman who had recently inherited nearly $1.8 million in assets gave power of attorney to her daughter. Sixteen months later, the mother had little more than $100,000 remaining in her account, Russell said.

The lawyer went to court on behalf of the mother to demand the daughter account for her power-of-attorney transactions. The accounting showed that the daughter had transferred hundreds of thousands of dollars to herself, Russell said.

The mother and daughter reached a settlement in which the daughter transferred back almost $800,000, Russell said. The rest of the money was gone, and the mother didn’t want to pursue further legal action against her daughter, he said.

Because of the experience, Russell now drafts power-of-attorney agreements mandating quarterly or yearly accountings to other siblings or heirs. People with power of attorney tend to be more careful if they know they are being watched, he said.

There are other safeguards that lawyers use to limit power-of-attorney agreements. Andrew Hook, a Virginia Beach, Va., estate lawyer sometimes drafts power of attorney agreements with two agents, so each can keep an eye on the other.

For other clients, he drafts springing power-of-attorney agreements, which aren’t effective until the client is certified as incapacitated. Many estate lawyers dislike springing powers of attorney because they’re more cumbersome, but Hook says some clients want “a speed bump.”

When it comes to his own affairs, Hook has a power-of-attorney agreement without limits for his wife.

“I’ve been married since 1978,” he says. “My power of attorney is effective immediately. If my wife was going to run off with the assets, she would have done this a long time ago.”

Power-of-attorney disputes frequently occur as siblings quarrel over control of their parents and their finances. Deborah Tedford, a Mystic, Conn., estate lawyer handled a case where a brother and sister shared power of attorney for their father, who was in his 90s and had an estate over $1 million.

Then their younger brother moved in and persuaded the father to switch power of attorney to him without his siblings’ knowledge, Tedford says. The younger brother soon became the joint owner of his father’s bank accounts, effectively disinheriting his older siblings, Tedford says.

Eventually the brother moved the father out of state, and his two siblings don’t know where their father is living now or even if he is still alive.

Full Article & Source:

Saturday, February 8, 2020

How Judge Elizabeth Lippitt and Coven of Evil Threaten the Lives and Property of the Elderly


by Richard Lee Abrams
ONE MAN’S OPINION--The coven of evil, which holds sway over the Los Angeles County Probate- Conservatorship court, is not limited to Judge Elizabeth Lippitt nor is it confined to Los Angeles County. 
When families seek judicial intervention, they have no clue of the web of judicial abuse, deception and theft of the family’s assets that will soon ensnare them.

One typical scenario, which compels a family to seek judicial help, is an elderly family member is being held hostage while his/her assets are drained. The family does not foresee that the abuse of the hostage taker is about to be replaced by the abuse by the probate court. The various mechanisms employed by the court are limited only by the ingenuity of the judges, but certain patterns are often seen.

As explained previously Financial Rape: Business as Usual in LA County Probate Court, Judge Lippitt forces the elder person to mediation where the person is subjected to fraud, coercion and exhaustion.  All the elder has to do to gain her freedom from the seemingly endless mediation is sign whatever documents the coven of evil shoves in front of her.

As Judge Paul Suzuki explained, all that matters is that she signed the settlement agreement.  The  Mozer v Augustine supports Judge Suzuki. It does not matter if the elder is comatose during the mediation, all that counts is that somehow the elder’s signature appears.  How it got there is irrelevant and no amount of fraud, threats, lies, etc. may ever be introduced into court to show that the elder was financially raped.  (Mozer cites: Evid. Code, § 1119 (a)-(c) mediation communications are confidential. “Sign this or never see you son again” – not admissible under Mozer)

How Judge Lippitt Champions Attorney Misconduct

As those who follow the Widow M’s saga realize, while under Judge Lippitt’s supervision, Attorney Audre Delahoussaye-Quantrell, the Widow M’s court appointed attorney, owes no duties to the Widow M.   The Rules of Professional Responsibility which allegedly govern the ethical conduct of all attorneys have become propaganda tools to mislead the public into falsely believing attorneys place the client’s interests before the attorney’s personal and financial concerns.
Let’s Take a Look-See at Some of State Bar Propaganda

State Bar Rule 3-310.  An attorney cannot represent a client when the attorney has “a legal, business, financial, professional, or personal relationship with another person or entity the member knows or reasonably should know would be affected substantially by resolution of the matter.”

Ha. Double Ha-Ha, Pshaw if you think that rule prevents CAC Delahoussaye from continuing her representation of the Widow M after admitting that she is forcing the widow to sell her property because CAC fears she will be sued if she follows the Widow M’s desire not to sell her property.  CAC exact words were:

“If I request that the petition to approve it be waived, I believe that I am putting myself in a position to be sued for breach of contract and I am not willing to do that.  If it's not approved, I can walk away and not have to be concerned about being sued for breach of contract.” CAC’s July 22, 2019 email [bold added]

How Should the Court and the State Bar React to Such a Written Admission?

“Lawyers owe every client an ethical obligation to represent the client free of competing interests or loyalties, including the lawyer’s own personal interests, that would materially impair the lawyer's representation of the client.” State Bar Ethics Opinion, 2019-197

In its propaganda campaign that attorneys owe duties of faithfulness to their client, the State Bar continues:

“The duty of loyalty owed to current clients "forbids any act that would interfere with the dedication of an attorney's 'entire energies to [the] client's interests . . . .'" Flatt v. Superior Court (1994) 9 Cal.4th 275, 289 State Bar Opinion 2019-197

The propaganda continues with the State Bar’s writing:

“"Conflicts of interest broadly embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by . . . his own interests."). The duty of loyalty is reflected in the California Rules of Professional Conduct, including rule 1.7, as well as by case law and common law.”

The Widow M demanded to know who would be suing CAC Delahoussaye if the CAC placed the Widow M’s financial well-being ahead of the CCA’s fear of being sued.  No response. What misinformation does the State Bar have for the public about a client’s right to be kept in formed by his/her attorney?

“The fiduciary duty that attorneys owe to their clients includes a duty of communication. “[T]he dealings between practitioner and client frame a fiduciary relationship. The duty of a fiduciary embraces the obligation to render a full and fair disclosure to the beneficiary of all facts which materially affect his rights and interests.” Neel v. Magana, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d 176, 188-189 [98 Cal.Rptr. 837]. (referring to Rule 1.4)

How Do We Know That the State Bar Is Feeding Us Propaganda?

After Judge Lippitt sees the CAC’s conflict of interest admissions, Judge Lippitt affirms that Delahoussaye is The Widow M’s attorney and without notice fires the Widow M’s private attorney who brought CAC Delahoussaye’s misconduct to Judge Lippitt’s attention. Then Judge Lippitt and CAC engage in a cover-up where they withhold transcripts and orders from the Widow M so she has no idea what’s happening.  CAC Delahoussaye claims that she doesn’t have to show her client documents like transcripts as the widow can rely on whatever the CAC says!

We know that the State Bar’s lofty words are propaganda from the fact that Judge Lippitt and CAC Delahoussaye would not be so openly brazen about trashing the law if these rules were genuine.  Crooks know that when they operate under judicial immunity, the law does not apply to them.  All that matters is that the financial rape of the Widow M continues. The State Bar’s and the Commission on Judicial Performance’s true function is to protect the abusers.

“Power tends to corrupt and absolute power corrupts absolutely.” Lord Acton 1887.  The time to kill off judicial immunity is centuries overdue.

Full Article & Source:
How Judge Elizabeth Lippitt and Coven of Evil Threaten the Lives and Property of the Elderly