Showing posts with label guide. Show all posts
Showing posts with label guide. Show all posts

Tuesday, November 8, 2022

Elder Abuse Task Force releases guide on legal actions against financial exploitation


LANSING, Mich. — A new guide outlining legal actions against those suspected of exploiting the elderly and other vulnerable adults has been released.

Attorney General Dana Nessel announced Monday A Guide to Investigation & Prosecution of Vulnerable Adult Financial Exploitation is available to all police officers and prosecutors in the state of Michigan.

The guide, released by the Elder Abuse Task Force, may be accessed on the Prosecuting Attorneys Association of Michigan’s website, Nessel’s office says.

“As the population of Michigan ages, we expect to see more reports of vulnerable adult financial exploitation made to local law enforcement,” says Nessel. “It is critical that police officers and prosecutors have access to the tools and training they need to thoroughly investigate these cases and to prosecute criminal activity, and I continue to be proud of the work of the Elder Abuse Task Force to help serve as a resource to law enforcement.”

We’re told the guide has since been forwarded to Michigan State Police, the Michigan Association of Chiefs of Police, and the Michigan Sheriffs’ Association.

Full Article & Source:
Elder Abuse Task Force releases guide on legal actions against financial exploitation

Tuesday, September 25, 2018

Estate planning: A guide to avoiding the terrors of the guardianship system | Opinion

After writing an overview of Florida’s Guardianship laws, I was overcome with emails asking what measures can be taken to ensure one doesn’t fall victim to an inescapable situation.

First and foremost, be proactive! Proper estate planning is key.

A misconception frequently occurs with what estate planning actually is. I’ve encountered people who believe such a concept is only for those in the top of our tax brackets or for those with assets to leave to their loved ones.

Nothing could be further from the truth. Estate planning documents are not just for a group of elite individuals, they are for everyone — and they include much more than just a will.

Proper estate planning documents can include: 
  • A will: a document that in essence is the instruction manual expressing your wishes after death.
     
  • A living will: a document setting forth your desired medical treatment if a situation occurs where you may not be able to give express informed consent.
     
  • Financial durable power of attorney: a designation selecting a person of your choosing whom you have given the power to make decisions pertaining to your finances and other non-health care choices.
     
  • Health care power of attorney: a designation of a person of your choosing whom you have given the power to make decisions regarding your health care if a situation arise where you are no longer able to do so.
     
  • Preneed guardian: a designation of a person to serve as guardian of your person and/or property if you are determined to be legally incapacitated.
The way to avoid a professional guardianship situation is to designate a preneed guardian. Designating a trusted person for a time when you are most vulnerable is critical to navigating this complex and often confusing system.

Even with proper estate planning, Florida’s Guardianship system is in dire need of reform. Proactivity is the first step in avoiding the grips of a system designed for the benefit of everyone other than the true person in need — however, it is not the end.

The next step has to come through advocating for legislative reform and working with all parties involved — the ward, the professional guardians, and the associated attorneys — to remedy a situation that we all know is less than ideal.

Florida law allows a guardian or an attorney to receive fees from the ward’s assets even for going against the ward’s own desires (i.e., fighting against the termination of a guardianship). So long as the guardian or attorney justifies the fees as acting in the best interests of the ward, he fees can be taken from the ward’s assets.

Ultimately, the system has created a business for professional guardians and associated attorneys. Instead of protecting the interests of a ward, Florida law allows for a cash cow to exist at the expense of those truly in need.

At this point, further guidance and oversight is needed to ensure that those who find themselves in need don’t fall victim to abuses of this ever-growing business in Florida.

Full Article & Source:
Estate planning: A guide to avoiding the terrors of the guardianship system | Opinion

Friday, March 2, 2018

Will You Be Responsible For Handling Your Aging Parent's Finances In The Future?

Are YOU the one appointed? For older parents who have done estate planning, most have appointed someone to handle finances and business matters if they become incapacitated for any reason. The Durable Power of Attorney (DPOA) is the legal document that makes this assignment. Would you know what to do if the responsibility for handling their money suddenly fell on you?

Are you appointed to take over finances?

The DPOA document itself is surprisingly easy to get. One can download it free from the internet. It has to be notarized, but that is just about the only formality required. A lawyer is not needed to draw one up unless special considerations exist. The court does not supervise what happens to the document. As you can imagine, this extremely powerful tool gives the assigned person the right to do just about anything with someone else's money. In the right hands, it is excellent protection from wrongdoing or mistakes by an incompetent elder. In the wrong hands it is a license to steal. Anyone can benefit from some guidance on what you can and can't do as the agent for another in this financial role. The appointed person is called an "agent", "attorney in fact" or "fiduciary".

The Consumer Financial Protection Bureau, a Federal agency, offers free booklets for those who must take responsibility for finances for another person: Managing Someone Else's Money. More than 1 million Managing Someone Else’s Money guides have been distributed since their release in 2013. Further, as laws about being an agent under a DPOA vary from state to state the Consumer Financial Protection Bureau has created six state-specific guides for Florida, Georgia, Illinois, Oregon and Virginia and most recently for Arizona.

Each guide contains information on the agent’s responsibilities and tips on how to spot financial exploitation and avoid scams. Also, each guide includes a “Where to go for help” section with a listing of relevant agencies and service providers. The guides are not intended to provide legal advice. When there is doubt about using such a document, there is no substitute for competent legal advice.

All that said, how does this agent concept apply to YOU? If you already know that your aging parent has designated you to fill this role if and when the time comes, be ready. You will need to know where your parents' financial assets are located. Which banks or financial institutions do they use? What passwords and account numbers are available? Here at AgingParents.com, where we encounter families with incapacitated or partially incapacitated elders quite often, we find befuddled adult children who have never asked their aging parents where the money is and how to access it. When a health crisis such as a stroke or heart attack happens and their loved one can't answer any questions, someone still has to pay the bills for the incapacitated person. The unprepared adult children may end up using their own resources to fill the gap until the parent recovers sufficiently to give them the information they should have had long ago. And some parents don't recover sufficiently to even do that.

Here are the takeaways:
  1. If you aren't sure whether your aging parents (retirement age and up) have signed a DPOA, find out. If one does not exist, do persuade them to get it done.
  2. If a change is needed on this critical document, such as the appointee turning out not to be honest or not available, ask your parent to sign a new and updated one. Get legal advice as needed.
  3. If you are the person appointed as agent, work on getting the information you would need if you had to manage their money in a crisis, such as a hospitalization. Get account numbers, passwords, checking account location, financial institutions they use, etc. Don't be left in the lurch if you end up having to take responsibility.
  4. Download your booklet, Managing Someone Else's Money so you can know what to do and know how to spot scams that could endanger your loved one.
Preparation now can save you a lot of stress later.

Carolyn Rosenblatt, RN, Elder Law Attorney, Healthy aging and protecting our elders, AgingParents.com, AgingInvestor.com

Full Article & Source:
Will You Be Responsible For Handling Your Aging Parent's Finances In The Future?

Friday, September 22, 2017

How to avoid and detect Elder Fraud: A guide for older people, carers and relatives

Elder abuse is a problem in western cultures world-wide. There are many forms of abuse ranging from neglect to physical abuse, and within that range is financial fraud. Elder fraud can take many forms and we’ll focus on the type of fraud that primarily uses the internet in this article.

Seniors are disproportionately targeted as victims for fraud. The AARP (formerly the American Association of Retired People) found that while only 35 percent of the American population is over 50 years old, fraud victims over 50 accounted for 57 percent of all fraud. 

It’s difficult to obtain numbers on how large a problem elder fraud is world-wide. Different organizations calculate numbers in different ways and also define fraud differently. All we can be sure of is that billions of dollars are lost each year to criminals preying on elder citizens.

Fraud and the internet: a backgrounder


Fraudsters play a numbers game. They know that most of their attempts to con people won’t work, but they also know that some will. To succeed, the con-man has to make as many tries as possible. Going door-to-door attempting to scam people has low odds because it takes a long time and it’s only possible to hit so many doors in a day. Also, once a scam succeeds, the con-man has to high-tail it out of town before getting caught. Then, find another town and start all over.

The internet removed all those problems for fraudsters. They can now sit in the comfort of their own home, possibly countries away, and through the use of spam email attempt to con thousands of people per day, every day.

Elder fraud is a specific type of fraud aimed at seniors. The most common way that seniors are targeted over the internet is through email. General phishing techniques are used against a large number of email addresses with content aimed at seniors. Content aimed at seniors usually falls into these categories:
  1. Medication
  2. Financial support with regards to home equity or retirement savings
  3. Friendship or camaraderie
From responses to that general attack, more targeted spear phishing can take place in an attempt to defraud specific individuals.

Why are elders targeted?


The problems that plague humanity are fairly steady throughout life. We all want to be safe, warm, fed, loved, and financially secure. Very few people have all of those things all the time, and in our elder years the absence of some of those things can converge into a pattern.

It’s easier to phish people if you know what their problems are. A general phishing attack may use low mortgage rates, as an example. At any given time there are millions of people looking for mortgages but there are billions who are not and don’t care about the mortgage email. Seniors, on the other hand, tend to have a smaller pool of things that are of greater concern. As a population, things like medication costs, proper health care coverage, financial security as retirement funds run out, and providing for loved ones left behind tend to get more attention. It’s therefore easier to craft phishing emails about a small number of subjects that a large percentage of a population is likely to be interested in.

Other reasons may include the fact that many seniors are isolated and therefore have nobody they can trust to run ideas by. Email did not become widely affordable to households until the 1990s in Canada and wasn’t a daily communications mechanism until after that. Anyone over about 30 today has memories of a world without internet and our seniors would have spent most of their lives without it. That can lead to confusion over how reliable email is, and how much trust to assign it.

It’s also not uncommon to experience some level of diminished mental capacity as we age. That can tax our decision-making abilities to the limit and lead to bad decisions.

Common types of elder fraud


A surprisingly sad statistic is that a good chunk of elder fraud is committed by family members or caregivers. The North American Securities Administrators Association reports that 23% of elder fraud causes in 2015 were committed by family members, trustees, or people with powers of attorney.
Generally, those types of fraud are not committed over the internet since the parties are already known to each other. However, that doesn’t mean other types of fraud don’t exist – this body shop owner has been charged with defrauding elderly clients for car restoration jobs. Some of the more common internet scams take the following forms:

Monetary scams

Monetary scams aimed at elders are attractive to criminals for two diametrically opposed reasons. On one hand, many seniors are living on fixed and inadequate incomes and could use more money to live on. On the other hand, many seniors have sizable nest eggs and large amounts of equity in their houses so they can get their hands on a lot of money. The most insidious scams play both angles.

Fraudulent investment or insurance schemes seek to bilk money out of people with the promise of some greater reward down the road. While it can be grisly to consider at the time, it is always important to think of how much time is left for an investment to mature. By and large, elder people would be looking at short-term investments and there are very few legitimate lucrative short-term investments. The insurance scam plays the other angle – there is no concept of pulling any money out of the insurance policy. Rather, heart strings are played upon to invest money for those left behind.

In some cases, the insurance agent actually is a legitimately licensed insurance agent, but is still trying to commit fraud against the elderly. David Pickett, as US-based insurance agent, has been arrested 3 times for fraud.

A sub-class of this type of fraud involves offers to lend money that seem too good to be true. These types of scams are usually complicated to figure out because it’s hard to believe someone can fraudulently give someone else money. A complex example of this is the reverse mortgage system that exists in some countries. In a reverse mortgage situation, elder homeowners with significant equity in their property can opt to take a chunk of money for the estimated value of their house at the time they pass on or willingly move. At that time, the lender takes possession of the house and the debt is paid. The danger lies in that the principal plus the interest over time can end up being more than the house is worth.

In some countries, such as Canada, only 55 percent of the value of the property can be reversed mortgaged. That is to hedge against the possibility of the loan exceeding the value of the property when the debt is repaid. Some mortgage bloggers state that the value of the loan is not allowed to exceed the value of the property, but neither the government of Canada site, nor the single authorized reverse mortgage lender in the country (HomEquity Bank) confirm that. It’s harder to find concrete information on reverse mortgages in other countries. In the U.S., for example, the borrower’s estate generally does not have to pay any excess of the balance over the property value, but legislation enforcing that isn’t readily available. Reverse mortgages are not inherently fraudulent, but if the industry is not tightly controlled in your country, be sure to obtain sound third-party financial and legal advice beforehand.

Lottery scams are targeted at people of all ages and elder people are no exception. The basic framework of a lottery or sweepstakes scam is to tell the victim they’ve won a large prize of some kind, but some smaller amount of money has to be paid in order to claim the prize. The money to be paid is usually attributed to non-existent things like “international transfer fees” or something equally silly. It is safe to say that if you’ve never entered a lottery, you can’t win it, so claims like this out of the blue are a red flag. Legitimate lotteries are tightly regulated to ensure there is no fraud. It is extremely unlikely that a real lottery organization would contact the winner by email to begin with.  (Click to Continue

Full Article & Source:
How to avoid and detect Elder Fraud: A guide for older people, carers and relatives