Tuesday, December 20, 2022

The cost of forgetting: Dementia's tax on financial health

By Sarah Boden

Jonnie Lewis-Thorpe, 82, lost her home due to financial missteps that her daughter, Angela Reynolds, 53, says were caused by Alzheimer's disease. Lewis-Thorpe now lives with Reynolds in Pittsburgh.

The signs were there: unpaid bills, unusual cash withdrawals and, oddly, the mortgage of the family home refinanced — at a higher interest rate. Angela Reynolds worried when her mother’s refrigerator was nearly empty. But she missed the trail of financial flags until it was too late.

The warning came for Sharon Gwinn when the grocery store declined her credit card, despite a healthy account she held with her husband. She contacted her bank, assuming it was fraud. It wasn’t.

As the power-of-attorney agent, Gina keeps careful watch over her grandmother’s finances. But that didn’t stop a relative from allegedly taking $54,000 when an opportunity presented itself.

All three families stumbled into a hard reality that faces more and more aging Americans: The financial consequences of cognitive functions lost to various neurological diseases. The costs of these illnesses — Alzheimer’s disease alone is projected to affect 7.7 million Americans over age 65 people by 2030 — are enormous.

Isolated or ill seniors are more vulnerable to exploitation by scammers or financial abuse from family members. Other times, people buy things without reason, piling their homes with unopened boxes or draining their savings. Or older adults impulsively give away large sums of money. This all puts their homes, retirement savings and inheritances at risk.

Despite the commonality of those risks, solutions remain elusive. Congress hasn’t made it a priority. Financial institutions are slow to act, arguing that they have neither the ability nor authority. Aging parents and adult children alike can be paralyzed by the prospect of uncomfortable conversations, so they avoid them. Until that changes, families are left on their own to navigate a challenging maze of emotions, actions and consequences.

Meanwhile, a growing body of research is clear: Financial problems are not just a result of dementia but can be a predictor of it.

Biology: complexity and inevitability

One weekday during the spring of 2018, Angela Reynolds sat next to her 77-year-old mother in a courtroom in downtown New Haven, Connecticut. She listened in discomfort as strangers revealed intimate details of their finances in a public setting.

Then it hit her: "Wait a second, we're going to have to go up there, and someone's going to be listening to us.”

Reynolds was there with her mother, Jonnie Lewis-Thorpe, because the family home was in foreclosure. The daughter hoped that if she explained to the judge that her mother had Alzheimer’s disease, which had caused a series of financial missteps, then she could stop the seizure of the property.

Jonnie Lewis-Thorpe and Angela Reynolds looking at photographs from the family's past.

Alzheimer’s had crept into Lewis-Thorpe’s life. A widow, she had lived alone for several years and had made arrangements, including naming Reynolds as power-of-attorney agent. But Reynolds lived 450 miles away in Pittsburgh and wasn’t there to see the incremental declines. It wasn’t until Reynolds began reviewing her mother’s bank statements that she realized Lewis-Thorpe — once a hospital administrator — had long been in the grip of the disease.

“We thought it was just a normal part of aging,” recalled Reynolds. “By the time we caught on, it was too late.”

Financial problems are a common reason family members bring their loved ones to the office of Robin Hilsabeck, a neuropsychologist at the University of Texas at Austin Dell Medical School who specializes in cognitive issues.

“The brain is really a network, and there are certain parts of the brain that are more involved with certain functions,” said Hilsabeck. “You can have a failure in something like financial abilities for lots of reasons caused by different parts of the brain.”

Some of the reasons stem from the simple act of aging, as Reynolds assumed about her mother. But when a person’s cognition begins to decline, the problems can grow exponentially and follow different paths.

Age, dementia and disease

Alzheimer’s has become a cultural umbrella term for dementia; the two words are often used synonymously. But this is a misnomer. Dementia is not classified as a disease per se, but rather it is a syndrome involving the loss of cognitive abilities. The cause can be one of several neurological illnesses, including Alzheimer’s or Parkinson’s, or it can result from brain damage such as a stroke or head injury.

In most cases an older adult’s dementia is progressive. The first signs often manifest in memory slips along with changes in high-level cognitive skills that deal with organization, impulse control and the ability to plan — all critical for money management. The causes of dementia vary, as do the financial woes it can cause.

For example, with Alzheimer's comes a progressive shrinking of the brain’s hippocampus. That’s the catalyst for memory loss which, early in the disease — sometimes before loved ones notice — can result in a person forgetting to pay their bills.

Lewy body dementia causes fluctuating cognition: A person veers from very sharp to extremely confused, often within short passages of time. “They might be perfectly fine making a financial transaction early in the day,” says Hilsabeck. “Then later in the day they may not be able to do it.”

Those with frontotemporal dementia might suffer a loss of nerves in the part of the brain that governs impulse control and problem solving. That can lead to large, spontaneous purchases — actions a healthy brain would have tempered.

Vascular dementia, which sometimes accompanies a stroke, reduces blood flow to the brain. That can undermine planning, processing and judgment, making individuals easier to defraud.

"They answer the phone, and they talk to the scammers," says Hilsabeck. "The alarm doesn't go off in their head that this doesn't make sense."

Even before or without developing some form of dementia, people can experience mild cognitive impairment, or MCI — a reality that affects 10-20% of people 65 or older. They can be easily confused, struggle to recall names and even have issues with judgment. While this population isn’t as vulnerable as people with dementia, they are at heightened risk of financial mistakes or more likely to become victims of fraud than the general population.

Sometimes MCI is just a facet of aging, along with joint pain and graying hair. But it’s often the early presentation of diseases such as Alzheimer’s or Lewy body dementia. Studies have found that 10-15% of people with MCI develop dementia every year; within five years, roughly half of people with MCI will get it.

“Financial decision making is very challenging cognitively,” says Dr. Jason Karlawish of the University of Pennsylvania’s Penn Memory Center. “So, if you have even mild cognitive impairment, you can make mistakes with finances, even though you're otherwise doing generally OK in your daily life.”

Some of those mistakes are irreversible. Despite Angela Reynolds’ best efforts on behalf of her mother, foreclosure of the family home went through in 2018, about a month before Thanksgiving.

Property records show that Lewis-Thorpe and her husband bought the two-bedroom Cape Cod for $20,000 in 1966. Theirs was one of the first Black families in their New Haven neighborhood. During that half-century, Lewis-Thorpe hosted church cookouts in the backyard and celebrated Christmas with her two daughters and eight grandchildren in the living room. Members of the local chapter of Negro Business and Professional Women Clubs gathered at her dining room table to talk politics and business ventures.

Lewis-Thorpe had achieved the American dream of middle-class professionalism and planned to pass that prize of generational wealth onto her children.

Instead, U.S. Bank owns the property. A 2022 tax assessment lists its value at $203,900.

Financial accountability

Sharon Gwinn and her husband had been married almost 30 years when she cleared out their savings and checking accounts, transferring them to her name only. It felt horrible, like she was stealing, but short of losing everything, she was out of options.

Sharon Gwinn, 63, was widowed in 2018 after her husband, Richard, died of Lewy body dementia.

That was some 20 years ago. Gwinn’s husband was still working as a hospital orderly when he started to spend money erratically. One Thursday night he racked up a $3,000 tab at a Pittsburgh cop bar, buying rounds for strangers. Gwinn discovered his splurge — something totally out of character for him — when her credit card was declined at the grocery store. That’s when she realized that her husband was showing the first of a series of cognitive changes that eventually would be diagnosed as Lewy body dementia.

“He drove for years after his financial awareness was gone,” Gwinn says. “It’s just this one area. It’s what attacked his brain first.”

Changes in financial habits are a common early sign of cognitive decline, according to Penn’s Karlawish. He often sees patients who are navigating financial disasters. What he doesn’t see are changes in banking practices or regulations that would mitigate the risks that come with aging and dementia.

Richard and Sharon Gwinn dancing at their eldest daughter's wedding.

“A thoughtful country would begin to say we've got to come up with the regulatory structures and business models that can work for all,” he says, “not just for the 30-year-old.”

The vast population of Baby Boomers is entering retirement age with significant capital. While members of that generation accounts for 22% of the overall population, Federal Reserve Data shows that they hold just over half the household wealth in the U.S.

Gwinn, now 63 and a widow, is part of that generation. While she protected herself and her husband from financial ruin, Gwinn worries that if she, too, develops dementia, she could bankrupt herself before anyone notices. That would leave her at the mercy of taxpayer-funded programs such as Medicaid for her long-term care or burden her children with making near-impossible decisions about her daily life.

“The thing that bothers me the most is my liquid money,” she says. “[My kids] do not know my day-to-day spending habits.”

Political inaction

No firm data tracks how many older adults rely on public assistance as the result of financial mistakes caused by cognitive decline; they get lumped in with everyone else receiving government support.

But a growing body of research shows that people with dementia face worse financial outcomes. A 2020 study from Johns Hopkins University of 81,000 Medicaid beneficiaries found that people with Alzheimer's and related dementias started to develop subprime credit up to six years before a formal diagnosis. It is among a cluster of studies that point to financial problems as a possible warning sign — rather than just the fallout — of cognitive decline.

Despite that evidence and the aging of America, the risk-averse financial industry is reticent to act. Nor have lawmakers made the financial safety of older adults a priority.

The last time elder wealth management was addressed in major legislation on the federal level was 2018’s Senior Safe Act. The law gives immunity to financial institutions in civil and administrative proceedings in instances where employees report possible exploitation of a senior — provided the bank or investment firm has trained its staff to identify exploitative activity.

It’s a lackluster policy, says Naomi Karp, an expert on aging and finances who spent eight years as a senior analyst at the Consumer Financial Protection Bureau’s Office for Older Americans. That’s because the act makes staff training optional, and it lacks oversight.

Avoid these characteristics when selecting a financial advocate/caregiver

  • Dishonest or secretive
  • Doesn’t pay bills on time
  • Owes money
  • Faces personal legal or financial troubles
  • Has a serious mental health or addiction issue
  • Likes to gamble
  • Has a strong sense of entitlement
  • Doesn’t get along with the people who matter to you

Source: Thinking Ahead Roadmap

“There’s no federal agency that's charged with covering it or setting standards for what that training has to look like,” Karp says. “There’s nothing in the statute about that.”

One corner of the financial industry that has made modest progress is the brokerage sector, which concerns the buying and selling of securities, such as stocks and bonds. Since 2018, the Financial Industry Regulatory Authority — a non-governmental organization that writes and enforces rules for brokerage firms – has required agents to make a reasonable effort to get clients to name “trusted contacts.”

These trusted contacts are similar to emergency contacts listed for health care providers or even airlines. They’re notified by a financial institution in the case of concerning activity on a client’s account. The notification will include a basic explanation of the situation without revealing specific financial information.

Ron Long, the recently retired director of elder client initiatives at Wells Fargo, explains it this way: “It appears [the client] has fallen in love with someone in Belarus, and it appears to be a person who is taking advantage or exploiting.”

But the trusted contact has no authority. The hope is that once notified, the named relative or friend will talk to the account holder.

It’s a start, but a small one. This low-stakes effort is limited to the brokerage side of operations at Wells Fargo and most other large institutions. The same protection is not extended to clients’ credit cards, checking or savings accounts.

Industry reluctance

When she was at the Consumer Financial Protection Bureau, Naomi Karp and her colleagues put out a set of recommendations for companies to better protect the wealth of seniors. The 2016 report included employee training and tweaks to fraud detection systems.

“We would have meetings repeatedly with some of the largest banks, and they gave a lot of lip service to these issues,” Karp says.

Karp has seen some smaller community banks and credit unions take proactive steps to protect older customers — such as comprehensive staff training and improvements to fraud detection software. But there’s a hesitancy throughout the industry to take more decisive action, which seems to stem, in part, from fears around liability, she says. Banks are concerned that they might get sued — or at least lose business — if they intervene when no financial abuse has occurred or a customer's transactions were benign.

A stair lift once used by Sharon Gwinn's husband, Richard, sits at the entrance to the basement.

Policy solutions that address financial vulnerability also present logistical challenges. Expanding the use of something such as the trusted contact program isn’t like flipping a light switch, says Long of Wells Fargo. “You have to solve all the technology issues: Where do you house it? How do you house it? How do you engage the customer to even consider it?”

For it to work, people would need trusted contacts for all their financial accounts: savings, checking, loans and multiple credit cards. The extensive list can span several companies — none of which is authorized to talk to each other about an individual client’s account.

The tech world offers some solutions. SilverBills is a concierge service that makes sure bills are paid on time and inspects invoices for fraud and errors. Whealthcare gathers trusted contact information, assesses people’s money management abilities and outlines steps clients can take to keep their finances safe. And EverSafe scans accounts for unusual spending, such as the huge bar tab that Sharon Gwinn’s husband tallied.

“Those really smart scammers aren't just going to steal a huge amount from one account,” says Liz Loewy, EverSafe’s chief operating officer, as well as the former chief of the elder abuse unit at the New York County District Attorney’s Office. “They usually are smart enough to start small and cover more than one account at more than one institution.”

Not everyone can afford a service like EverSafe: packages range from roughly $7 to $26 a month. But such a service might have helped Gwinn, who couldn’t prevent her husband from signing up for new credit cards even after she took control of the couple’s finances. After consulting her four children, she decided to purchase the basic package. Now Gwinn’s oldest daughter, who is designated as her power-of-attorney, will be notified if EverSafe flags anything unusual. This added protection makes Gwinn feel lighter.

“She can hopefully help me nip things in the bud before I get myself into trouble,” Gwinn says.

Fraud and exploitation

A red folder holds records of financial transactions dating back about five years from the savings and checking accounts held by Gina’s grandmother. Combined, the accounts consistently hovered around $54,000 until Oct. 3, 2022. That’s when, according to Gina, the accounts were emptied by a close relative. (At the family’s request, WESA is not using Gina’s last name or identifying her grandmother, who has dementia.)

Gina traces events back to a hospital visit. Her grandmother had taken a bad fall, and Gina and the relative faced off at her bedside. Old resentments boiled over into shouting: another family member who witnessed the incident said security had to be called. The next day, Gina says, the money was missing from her grandmother’s account.

Gina says she had to involve law enforcement after a relative drained her grandmother's accounts.

Gina was there when her grandmother phoned the relative about the money. She says the relative deflected, shifting the conversation to the grandmother’s condition, and then denied responsibility about the empty accounts: “At one point, [the relative] blamed other family members.”

A University of Southern California 2019 study of calls reported to the National Center on Elder Abuse found that the majority of calls (55%) alleged financial abuse and that family members are most often cited as the perpetrators of any kind of mistreatment.

Pittsburgh-area elder law attorney Kim Orlando who represents victims of financial abuse, estimates that 80% of her clients suffer from some form and degree of dementia. Many also suffer from loneliness.

“They’re so easy to take advantage of,” Orlando says. “It's almost as if they're being groomed.”

The National Council on Aging estimates that seniors in the U.S. lose $36.5 billion every year due to elder financial abuse. (In comparison, last year Americans spent $45 billion in out-of-pocket costs on nursing home and other institutional care.) The amount of money taken from older adults via abuse and exploitation is likely an undercount: A study from New York found that for every documented instance of elder financial exploitation, another 44 cases go unreported. It's also hard to say what percentage of victims of elder fraud have dementia or MCI, though it's widely agreed these conditions put people at greater risk.

Investigating alleged financial abuse is time-consuming and often requires specialized expertise in accounting and law. That is further complicated when victims are reluctant to accuse a relative or friend, or when dementia leaves them unaware they were victimized.

“There are too many of these cases out there for us to work all of them,” says Brooklynn Riordan, the supervisory special agent of the complex financial crimes section of the FBI’s Pittsburgh field office. To bolster official investigations, the agency launched a campaign to educate older adults about their risk.

The added challenge of investigating cyber-based scams, especially when they originate outside the U.S., makes guilty verdicts rare. But Riordan encourages people to report any suspected fraud. While a single and relatively small loss — a few thousand dollars — might not ignite an investigation, it could add to a pattern of fraud targeting multiple victims.

When Gina tried to recover her grandmother’s $54,000, she says she faced a daunting gantlet. It was hard to convince the bank to provide documentation despite her authority as power-of-attorney. A Pittsburgh police detective assigned to the case told her there was nothing he could do; the relative had been named on her grandmother’s accounts years earlier and those documents hadn’t been updated, although the relative was not participating in her caregiving and did not have permission to withdraw funds. Gina also contacted the Social Security Administration, Pennsylvania’s Department of Aging, and reached out to her state senator and a Pittsburgh city council member. Her efforts went nowhere.

Eventually, Gina emailed WESA; a reporter referred her to the Pittsburgh nonprofit Center for Victims. An advocate there then connected Gina to an investigator at the Allegheny County District Attorney’s office.

Gina and her grandmother look at their Christmas tree.

An Oct. 13 email from detective Jackie Weibel confirms Gina’s account: “You recently sent an email to a local radio station about a situation with your grandmother. I have been assigned to investigate the matter … What does your schedule/availability look like for the next two weeks.”

That route isn’t open to everyone. Unlike Allegheny County, which is the second-most populous county in Pennsylvania, many local jurisdictions lack specialized fraud investigators. To narrow that gap, the Pennsylvania Department of Aging recently received a federal grant to create a team of specialists to support smaller agencies. But the four-person unit has the bandwidth to cover just a fraction of the state’s elder financial fraud cases. A spokesperson says investigators will focus on more complex cases involving higher dollar amounts and with multiple financial assets.

Katie Blackley
/
90.5 WESA
Gina's grandmother looks through a word search book, which she enjoys doing in her free time.

Orlando, the elder law attorney, says in her experience she hasn’t seen law enforcement get involved unless the potential for recovery was at least $250,000: “That is not something they would want to utilize taxpayer resources to investigate.”

But Pennsylvania AARP's Director of State Advocacy Teresa Osborne told WESA in August that she hopes the unit’s investigations will result in more criminal prosecutions.

"Generally, we see financial elder abuse treated only as a civil matter, which means there is no jail time or criminal record for the abuser,” Osborne says. “The penalty may be just returning the stolen assets or money.”

In Gina’s case, the hint of criminal prosecution may have been enough. She had feared the relative who tapped her grandmother’s accounts would spend the money before it could be recovered through the legal system. But the money was returned. While Gina says she is still angry, she won’t push for criminal charges.

“To drain accounts that bills are still coming out of … They didn’t care about overdraft fees, they didn’t care about utilities being cut off,” says Gina. “It was very shameful.”

Hope and reality

When it comes to the tricky mix of cognitive decline and money management, the deck is stacked against aging Americans. Unless policymakers and financial institutions step up, it’s left to families to make a collaborative plan around aging and finances.

That’s far easier said than done. It requires people to acknowledge the inevitability of death — their own and that of those they love — and of the physical, mental and financial realities of aging. Even in the best of circumstances, money is a touchy subject — one that can raise discomfort and hackles, and one that is often considered no one else’s business.

"Money can represent stability, control, power, autonomy and safety," says New York City-based therapist Matt Lundquist.

Lundquist, who specializes in financial family therapy, says asking a person to relinquish control of their finances can be a massive hit to their sense of self. Think of it as a giant step up from asking someone to give up their car keys.

So, it's crucial not to blindside family members with this big talk; instead, Lundquist advises that people give a heads-up that money issues need to be discussed: "It makes a difficult conversation much more likely to go well."

Again, easier said than done. Attentiveness and love don’t erase those challenges.

Angela Reynolds says household finances weren’t discussed in her family. That, and her busy life two states away, created inevitable barriers to awareness of her mother’s plight. Still, she blames herself for the loss of the family home. "It's my mother. I'm going to feel guilty."

Sharon Gwinn doesn't want to be financially dependent on her adult children as she ages. "What I have, I want my money to be spent for my care and I don’t want to burden them."

Gwinn wants to protect her children from bearing a similar guilt. But she knows it’s unlikely her bank, credit card company and medical providers will spot red flags in time if dementia siphons away her retirement savings. She subscribed to a basic EverSafe service and will consider adding safeguards as she ages.

Gina’s grandmother got her money back. But Gina regrets not pushing for updates to legal documents, including which relatives had access to the accounts, that would have prevented any exploitation. She knew there was a risk — but deferred to her grandmother, who didn’t want to spark a family conflict.

Carole Shepard, a self-employed geriatric care manager in suburban Pittsburgh, cautions that many hard conversations are necessary and conflicts are inevitable, especially when they involve someone with progressive dementia. Too often, she sees her older clients in crisis because their hope had been that one day they'd peacefully die in their sleep without any of the humiliations of aging.

"Hope is not a strategy," she said.

That's why Shepard and her husband, both in their 60s and both with family histories of vascular dementia, have drafted extensive plans and shared them with their adult children. They appointed their younger son as financial power-of-attorney and their older son as medical power-of-attorney. Shepard thinks she and her husband will sell their home within five years and rent an apartment in Pittsburgh’s Strip District — a walkable area near arts venues and restaurants. Then they’ll start looking for a senior living community that includes a memory care unit.

By making these decisions now, Shepard and her husband believe — hope — they're preserving their autonomy. Yet she knows that all their planning won't protect their children from some degree of hardship, especially if either she or her husband develops dementia. Symptoms are unpredictable and variable: depression, irritability, paranoia, impulsiveness. That creates a dilemma for adult children: Pushing help onto resistant parents incites strife; ignoring reality begets neglect.

There is no reliable roadmap for caregivers of people living with dementia, says Robert Levenson, a professor at the University of California, Berkeley who specializes in the emotional changes that accompany aging. "The truth is it's going to be difficult, and the chances of complete success are not very good."

Jonnie Lewis-Thorpe looking at family photos.

Levenson's best advice is to include the person with dementia in the decision-making process as much as possible. If a person can't articulate their desires, it's still important to consider the values and interests they held while healthy. For example, perhaps a lifelong Pittsburgh Steelers fan is no longer capable of paying their own bills; the person in charge of their monthly budget could include a cable package that allows them to watch NFL football.

It's crucial to remember that the disease is the enemy, Levenson says: "Somehow, you have to try to find a way to stay on the same side with your loved one and not end up blaming each other.”

Angela Reynolds and her mom have been able to do this. After a traumatic departure from New Haven, Jonnie Lewis-Thorpe moved into her daughter's house in Pittsburgh. Now, Reynolds' primary concern is finding a caregiver to be with her mom during the day.

On a morning with visitors in late November, Lewis-Thorpe struggles to follow conversations but seems content. Mother and daughter are both wearing black slacks and bright red sweaters. They joke easily with each other while looking over old family photos. The scene echoes a day from June. On that morning both women wore silky blouses with bold geometric prints. Sitting in the backyard, where coyotes sometimes visit, Lewis-Thorpe looked over at her daughter and smiled: “She’s done marvelous for me. She really has.”

WESA’s reporting on dementia and financial decision-making is part of a fellowship with the Association of Health Care Journalists, supported by The Commonwealth Fund.

Full Article & Source:
The cost of forgetting: Dementia's tax on financial health

Monday, December 19, 2022

Dad Jamie Breaks Silence ... On Conservatorship

Full Article & Source:
Dad Jamie Breaks Silence ... On Conservatorship

Manager of a Winder assisted living home — who is also a Georgia House representative-elect — arrested for stealing medications

By Todd Cline

The manager of Magnolia Estates of Winder Assisted Living Center, who was recently elected to the Georgia House of Representatives, is accused of burglarizing a residence at the assisted living home and stealing medications.

The Barrow County Sheriff’s Office said Statham resident Danny Rampey, 67, was arrested on Thursday on unauthorized distribution or possession of a controlled substance, burglary and exploitation and intimidation of disabled adults, elderly persons and residents charges.

Deputies arrested Rampey as he was leaving the residence at the assisting living home, according to a Sheriff’s Office spokesman.

“The Barrow County Sheriff’s Office became aware of suspicious activity involving missing medications within the last two weeks and initiated an investigation into the allegations,” Maj. Todd Druse said. “Surveillance operations were used to assist in the collection of evidence of stolen medications.

“The residence was not occupied by the resident at the time of Rampey’s arrest and no one was injured during the burglary.”

Rampey ran unopposed for the District 119 seat — which represents parts of Braselton, Winder and Bethlehem — in last month’s general election after winning the Republican primary in May. He is set to take office when the 2023 legislative session begins in January.

Rampey could end up in more trouble as the Sheriff’s Office continues to investigate the crime. Druse said the office is not ruling out the possibility that more charges could be filed against Rampey as the investigation continues.

Anyone who may have information regarding this case is asked to call the Barrow County Sheriff’s Office Criminal Investigations Unit at 770-307-3080 ext. 3083.

Full Article & Source:
Manager of a Winder assisted living home — who is also a Georgia House representative-elect — arrested for stealing medications

Sunday, December 18, 2022

Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA

Officials say she stole thousands from the man and allowed his home to fall into disrepair, and nearly let him lose it.

 by Alex Costello

The Nassau County District Attorney said Luigia "Gina" D'Amore stole $150,000 from a developmentally disabled man who she was acting as guardian for. (Shutterstock )

LEVITTOWN, NY — A Levittown woman was indicted today on charges of stealing more than $150,000 from a developmentally disabled man whom she acted as legal guardian for, the Nassau County district attorney said.

Luigia "Gina" D'Amore, 57, was charged with second-degree grand larceny, first-degree endangering the welfare of an incompetent or physically disabled person, and two counts of first-degree offering a false instrument for filing. She pleaded not guilty, and was released on her own recognizance. She faces up to 15 years in prison if convicted.

“This defendant befriended her alleged victim when they worked together for the Town of Hempstead, ultimately becoming his legal guardian after his retirement and taking control of the man’s finances,” said Nassau County District Attorney Anne Donnelly. “For the next several years, this defendant allegedly siphoned more than $150,000 from her elderly victim’s accounts and failed to pay his bills, leaving him to live in a mouse-infested home. The residence fell into disrepair and was nearly lost due to non-payment of taxes. This charged conduct is reprehensible, and my office will ensure justice for the victim in this case.”

According to Donnelly, Between July 2016 and June 2019, D'Amore acted as the appointed guardian for a developmentally disabled retiree from the Town of Hempstead Parks Department. Donnelly said D'Amore stole $150,000 from the man's bank accounts without providing proof to the courts that the money was being used for his benefit, as required by guardianship.

Donnelly said D'Amore would skim money from checks the victim received, depositing most into his accounts and taking the rest in cash for herself. She also made additional cash withdrawals from his accounts, Donnelly said, and wrote checks worth tens of thousands of dollars out to "cash," which she then cashed.

D’Amore failed to provide receipts for the cash withdrawals and checks when she submitted her accounting to the court as the victim’s guardian, Donnelly said.

In addition to stealing money, Donnelly said that D'Amore failed to pay for utilities and maintenance to the man's home, allowing it to fall into disrepair. She also didn't pay property taxes on the home in 2018 and 2019, Donnelly said, leading to a tax lien being placed on the home and the property nearly being auctioned in February 2020 for non-payment.

D’Amore surrendered herself to Nassau County District Attorney Detective Investigators on Dec. 16.

Full Article & Source:
Nassau Woman, Acting As Guardian, Stole $150K From Disabled Man: DA

'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

WOODBURY, Long Island (WABC) -- A New York nursing home left elderly residents to live in "heartbreaking and inhumane" conditions while its owners diverted more than $22 million for themselves, New York Attorney General Letitia James alleged Friday.

The owners and senior managers of Cold Spring Hills Center for Nursing and Rehabilitation on Long Island created a network of shell companies to conceal the alleged fraud that siphoned Medicare and Medicaid funds that were supposed to be used for resident care, according to the attorney general's lawsuit.

This is the third enforcement action the attorney general's office has taken in recent weeks to stop pervasive fraud in nursing homes in the state.

"Cold Spring Hills' owners put profits over patient care and left vulnerable New Yorkers to live in heartbreaking and inhumane conditions," James said. "From Buffalo to Long Island, every nursing home in New York must abide by laws that require the best care for New Yorkers."

The son of a patient who died at the facility spoke out on Friday. He said as soon as he walked into his 72-year-old father's room on Easter Sunday, he knew something was wrong.

Michael Luszczyk said his father was covered in feces and urine.

"Yep and not conscious, they couldn't tell me the last time they cleaned him up, they couldn't tell me the last time they checked on him," Luszczyk said.

And nurses never got help. The NYPD officer called for help himself.

"I had to call my own ambulance at a nursing facility," he said.

Substandard conditions in nursing homes around the country were exposed during the COVID-19 pandemic.

Cold Spring Hills was among the nursing homes found to have underreported resident deaths from the virus. However, according to James' lawsuit, the 588-bed facility in Woodbury has "a long history of insufficient staffing and poor quality of care."

The lawsuit singled out several examples of "harrowing" neglect, harm and suffering:

-A diabetic resident had difficulty walking and was given a wheelchair by Cold Spring Hills that did not have footrests. To use the wheelchair, he had to drag both of his feet on the floor and as a result developed sores on his right foot. He was taken to the hospital and had to have part of his toe amputated because of the severity of his infections. Shortly after returning to Cold Spring Hills, he died. His co-guardian was never informed of his condition after he returned to the facility and was not told when he died.

-A man was admitted to Cold Spring Hills to regain mobility after a car crash left him badly injured. During his time at Cold Spring Hills, he received such poor care that he lost at least 30 pounds and his injury worsened. He had a preexisting pressure sore, and Cold Spring Hills' medical records reflect that his pressure injury increased in size and advanced from a stage 3 to the most severe stage 4 while he was under the care of Cold Spring Hills. In August 2021, he was admitted to the hospital for severe malnutrition, dehydration, a stage 4 sacral pressure injury, and right foot osteomyelitis (an infection in his bone). He told his wife, "They tried to kill me at Cold Spring Hills."

-A woman was admitted to Cold Spring Hills after suffering from a stroke that affected her ability to walk, use her right arm and hand, and speak. She was at the facility for only five months, and during her entire time there she only received three showers. Her daughter reported that her mother sat in an unchanged brief for hours. While visiting the facility, her daughter noticed that her mother's nails on her right paralyzed hand were so long that they caused abrasions on the inside of her hand. Her daughter complained to the Cold Spring Hills administrator about her mother's nails and was ignored.

Among other things, the lawsuit alleged the nursing home paid more than $15 million in fraudulent rent to Cold Spring Realty, which is owned by the same individuals who operate the nursing home, and paid more than $5 million to several entities for supposed consulting. In total, the nursing home transferred over $42.4 million to its owners from 2016 to 2021, the lawsuit said.

James is seeking to prohibit the nursing home from admitting new residents until there's appropriate staffing. She also is asking for monitors to watch over Cold Spring Hills' finances and healthcare services along with monetary penalties.


Full Article & Source:
'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

Miami-Dade Pastor Arrested After Allegedly Exploiting Elderly Couple

A former pastor was behind bars in Miami-Dade after police said she scammed an elderly couple who had attended her church. Yvonne Hampton-Barley, 63, is facing charges including grand theft, organized scheme to defraud and exploitation of the elderly, Miami-Dade Police officials said.


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Miami-Dade Pastor Arrested After Allegedly Exploiting Elderly Couple

Saturday, December 17, 2022

'I couldn't find home': Once missing 90-year old Stockton woman wants to educate others

90-year old Betsy Brotby went missing for 28 hours after driving on an errand in Stockton. She's telling her story in hopes others can learn.

Author: Kurt Rivera

STOCKTON, Calif. — 90-year old Betsy Brotby is right back where she wants to be in her North Stockton home, hanging with her dogs Mya, Gracie and Nino. But, she went missing for 28 anxious hours, Sunday.

"Terrifying, one word. To be driving and be lost when you know it's your town. I couldn't find home," said Brotby, a retired secretary who worked at San Joaquin Delta College.

Brotby left home around noon Sunday and drove to the Trinity Parkway shopping area in North Stockton. She had somehow ended up in Altaville, near Angels Camp, and then to El Dorado Hills just east of Sacramento.

She then headed west again before running out of gas late Monday afternoon in downtown Sacramento.

"Fortunately right by an automotive mechanic foreign car repair place and the good samaritan that came out and saw her, she was blocked in the middle of the road, and helped her get the side of the road and invited her in," said daughter Lee Shea. "We are lucky, so lucky and know that other times that hasn't worked out for other people."

Brotby only remembers bits and pieces of her journey, like meeting "nice people" and driving around snow.

But, she admits she noticed becoming forgetful more often about a year ago when she was having trouble driving to her dentist.

"I suppose I should say we ought to quit driving earlier, but I wasn't about to say that," said Brotby.

That begs the question: How do you begin a conversation with an aging loved one whose memory is declining?

"If you approach it with empathy and respect that the older adult is likely to respond much better," said Sarah Lock, senior vice president for Policy and Brain Health for AARP and executive director for the Global Council on Brain Health.

Lock had to take care of her own parents diagnosed with dementia. She says first, pay close attention to any behavioral changes.

"If they start to become withdrawn or having trouble figuring things out that they would never have in the past," said Lock.

She also suggests having a conversation that's not confrontational, but inclusive.

"You need to be responsible, you need to help your parent. But, if you do it in such a way that robs them of their dignity, you're setting yourself and them up for failure," said Lock.

Brotby gives her own advice for those hesitant to help their aging loved ones.

"Just speak up. And for the aged mother or whatever, listen, don't be stubborn and I'm know for being stubborn," said Brotby. 

Shea is still surprised by what happened and urges people in similar situations to listen to their warning. 

"This has been so eye opening for us and anybody else that listens that if there are signs pay attention to them," said Shea.

After her frightening ordeal, Betsy has decided to hang up her car keys for good. From now on, her daughters will take over the driving duties.


Full Article & Source:
'I couldn't find home': Once missing 90-year old Stockton woman wants to educate others

S.C. ranks 49th for reports of elder abuse, gross neglect and exploitation complaints

South Carolina is ranks 49th out of 50 states for reports of elder abuse, gross neglect and exploitation complaints compared to other states, according to a recent WalletHub report. 


by Miya Payton

COLUMBIA, S.C. (WOLO) – South Carolina ranks 49th out of 50 states for reports of elder abuse, gross neglect and exploitation complaints compared to other states, according to a recent WalletHub report

Captain Heidi Jackson with the Richland County Sheriff’s Department says South Carolina’s ranking isn’t necessarily bad. “I feel like our state actually reports a lot and I had to think about it for a moment and I really came to the conclusion that we are just good at reporting this type of crime in South Carolina. I believe that people do not tolerate elder abuse here and if someone sees it they do report it and we have mandatory reporting and that’s actually a good thing.”

Captain Jackson names red flags for people to look for when it comes to elder abuse. 

“I would keep my eye out if someone is not letting you have contact with someone that would be a red flag – like why? If you speak to someone who is older or someone who is a vulnerable adult and their afraid to talk to you that would concern me also, if you see marks or bruises that are kind of unexplained, even if someone has dementia just listen to them because they can still tell you when things are happening to them and I would believe them unless we know otherwise,” says Captain Jackson. 

In Richland County the sheriff’s department sees the following  most common types of elder mistreatment.

“Sadly we see cases where someone is self neglecting and they’re just not taking care of themselves, we see situations with family members that maybe there’s problems in the family like maybe someone is addicted to drugs and then so they financially exploit someone else, and physical neglect where they just don’t care for them,“ says Captain Jackson. 

She says there are programs available to help families keep an eye on their elderly love one. 

“We have project H.O.P.E that’s helping our precious elderly and we make phone calls to them but we actually have police officers that are retired and they come back and work with us and they go out and visit people too. So having those eyes and ears in the home and if there is something going wrong they come back and let us know so we can look into it,” says Captain Jackson. 

ABC Columbia also reached out to the South Carolina Department on Aging and here is its response to WalletHub findings:

“The South Carolina Department on Aging’s (SCDOA) mission is to enhance the quality of life for seniors in South Carolina. The SCDOA collaborates with a network of state, regional, and local organizations to develop and manage services that help seniors remain independent in their homes and in their communities. 

Our agency consistently works to educate, advocate, and empower our seniors so that they can recognize and prevent potential fraud, abuse, neglect, and exploitation.”

Full Article & Source:
S.C. ranks 49th for reports of elder abuse, gross neglect and exploitation complaints

Two Arrested For Robbing Elderly Hialeah Woman Of Cash And Jewelry

A man and a woman are facing several charges including the exploitation of an elderly person after police said the pair robbed a woman in Hialeah. Details: https://www.cbsnews.com/miami/news/ma...

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Two Arrested For Robbing Elderly Hialeah Woman Of Cash And Jewelry