Thursday, December 22, 2022

An elderly woman in prison is losing her memory. Why won’t California release her?

Despite Janet Carter’s age and rapidly deteriorating health, commissioners denied her parole. Composite: Courtesy of Janet Carter

The parole board’s refusal to free Janet Carter, 69, is part of what advocates warn is a growing humanitarian crisis across the US

by Sam Levin in Los Angeles

Prison guards stood by as Janet Carter, 69, sat in her wheelchair and tried to explain the gaps in her memory. It was May 2022 and her third time appearing before the California parole board, which would decide whether to free her after 25 years.

“I can’t remember a whole lot of stuff,” she said when a commissioner asked why she couldn’t articulate what she’d learned in prison programs. Her lawyer later pointed to a doctor’s report that documented some causes: Parkinson’s disease, early dementia, a neurocognitive disorder, chemotherapy and a head injury.

Despite Carter’s age, her rapidly deteriorating health and her repeated apologies for her memory loss, the commissioners denied her parole and admonished her for her inability to answer questions: “You’re manipulative … [You’re] lacking in sincerity … You do continue to pose an unreasonable risk of danger to society.”

Carter has been serving a life sentence since 1998. Advocates say that the refusal to release elderly incarcerated people is part of a growing humanitarian crisis in California and across the US, where an ageing population of people who have been locked up for decades have few or no opportunities to be freed.

“To come home would be a dream come true,” Carter said in a recent phone call. “I’m really looking forward to being with my family. And I want to try to pay back the community. I want to help other people. I want the people out there to know that the people in here really need their support.”

Thousands of elderly people imprisoned

Carter has been serving a life
sentence since 1998. Even though
her health is deteriorating, the
parole board refuses to release
her. Photograph: Courtesy of
Debra Dass
Even with widespread evidence that releasing elderly people poses no threat, an average of 600 elderly parole cases were denied each year in California from 2019 to 2021, state records reveal. The financial costs are enormous, with the state spending billions annually to house older people in prison. And the human toll is severe as families remain indefinitely separated, while elderly people become increasingly likely to die inside.

“I just want to be able to take care of her,” said Debra Dass, Carter’s sister. “I can never figure out why, with all her health problems, they think she’s a danger to society. She’s in a wheelchair and can barely take care of herself. She deserves to have a few good years.”

The number of older Americans in prison has surged in recent decades, in part due to harsh sentencing laws. More than 203,000 people are now serving life sentences in the US, and 61,000 of them (30%) are 55 and older. Some experts estimate that by 2030, there could be 200,000 elderly dementia patients imprisoned in the US.

Roughly 11,700 people in California prisons are 60 years and older. They remain incarcerated despite widespread evidence that people “age out of crime” and that when lifers do get released, they rarely reoffend (some data suggests fewer than 1% commit a new crime against a person). More than one-third of people in California prisons are serving life sentences, one of the highest rates in the US.

I can never figure out why, with all her health problems, they think she’s a danger to society.

“It’s inhumane to keep people longer than is necessary from a public safety point of view, and particularly as people become elderly and have more health issues, there’s a cruelty argument,” said Katherine Beckett, a University of Washington professor.

‘Parkinson’s has taken a lot’

When people sentenced to life become eligible for parole in California, they attend a hearing where commissioners weigh whether they present a threat. The parole board is charged with assessing candidates’ “current dangerousness”, and is not supposed to reject people based on their offense. But in Carter’s first hearing in 2018, the commissioners denied her freedom, saying her crime was “atrocious” and “deplorable”.

Carter, who grew up in Minnesota and Orange county, California, met her husband, Lynn Carter, at a bowling alley. She had various jobs until 1996 when at age 43, she was assaulted while working at a storage facility – struck in the head, knocked unconscious and hospitalized. She began to suffer memory loss from the trauma, her records show.

A year later, she and her husband took in Kenneth Boone, a distant relative. In July 1997, Boone and another man killed Lynn Carter; prosecutors alleged that Janet Carter helped plan the attack.

Carter testified that she had no part in the killing; her lawyers said she was drugged by Boone and unconscious when it happened, and that when she awoke, he threatened to kill her and her parents if she reported what happened. Boone admitted in his testimony that he’d been trying to rob Lynn and that Janet played no role. She has confessed to helping cover up the death under threat.

Carter grew up in Minnesota
and California and met her
husband, Lynn Carter, at a bowling
alley.
Photograph: Courtesy of
Debra Dass
She was convicted of first-degree murder and sentenced to 26 years to life, her first criminal offense.

In prison, she has immersed herself in Bible study; learned sign language to aid deaf residents; helped start a cancer support group; crocheted blankets; and earned her GED. Meanwhile, her health and cognitive skills have declined and she survived cancer in 2009, medical records show. She has since been classified as “totally disabled”, and the prison’s own psychologist said she was a “low risk” for violence since she had no rule violation reports her entire term.

After Carter told the parole board in 2020 that “Parkinson’s has taken a lot of my memory, and on a daily basis it takes more”, a commissioner said, “Your lack of memory appears to be selective.”

In her board hearing this year, she paused dozens of times while speaking, sometimes for more than 30 seconds. But the prosecutor discounted her impairments: “I do not believe that the elderly issues regarding her physical abilities would deter her from committing a crime.”

As Carter read her closing statement, expressing remorse and apologizing to her late husband’s family, commissioners interrupted saying they were having trouble hearing her. She never finished her remarks.

I know in my mind what I want to say, but I can’t express it, it won’t come out

Carter told the Guardian that it felt as if the board ignored her lawyer’s explanation of her disabilities: “It’s very hard to concentrate. I know in my mind what I want to say, but I can’t express it, it won’t come out. My mind just freezes and I can’t go forward.”

After Carter’s lawyer challenged the latest denial, the board’s chief counsel reviewed it and found “errors” in the process that had a “substantial likelihood” of affecting the outcome, according to a spokesperson, who declined to elaborate on the findings. The board vacated the decision and scheduled a new hearing.

Inside the parole denials

Keith Wattley, executive director of UnCommon Law, who has handled parole cases for more than 20 years, said Carter’s experience was common, noting how the board can cite people’s needs for mental health care as justification to keep them imprisoned: “After we fail to adequately treat people while they’re in prison, in a final insult to their humanity and dignity, we deny them parole based on the fact that they need treatment, falsely claiming that this makes them still dangerous all this time later.”

Records obtained by UnCommon Law show a 94-year-old man with dementia was denied because he “lacks insight”, and a man who attempted suicide was denied because he was “recently unstable”.

Data analyzed by UnCommon Law show that from 2019 to 2021 in California, roughly 17% of all people scheduled for parole hearings were granted parole. Those with low-level mental health challenges were approved for release in only 11.4% of cases, roughly half the rate of those the system considers neurotypical. And for those with more serious mental health issues, only 4.7% were granted parole. Only about 11% of full-time wheelchair users were approved each year.

In an interview, Carter said: “This is supposed to be where we get rehabilitation … but for a lot of us in wheelchairs and the elderly, it’s really hard.” Photograph: Courtesy of Debra Dass

And although the board is required to give “special consideration” to someone’s elderly status, they are granted parole at roughly the same rate as the broader population. Out of 1,983 scheduled hearings for elderly people last year, only 360 people were granted parole.

“We cannot tolerate a society that incarcerates people for so long that they can’t survive on the outside, and then that becomes the reason to keep them incarcerated,” said Ashley Nellis, senior research analyst with the Sentencing Project.

Carter said in an interview: “This is supposed to be where we get rehabilitation and help, so we can go out into the community. But for a lot of us in wheelchairs and the elderly, it’s really hard.”

Dana Simas, a prison spokesperson, said in an email that California had “taken a leading role” in releasing people with life sentences and that 1,424 were granted parole last year, compared with 769 people newly sentenced to life. In 2020 and 2021, the board had its highest ever rate of parole grants for first-time hearings, she said. She also said the low approval rates were partly due to some hearings getting postponed.

If somebody has served 15 years in prison, and they are not rehabilitated ... there’s something wrong with the system

The parole board maintains “public safety as our ultimate primary responsibility”, Simas said, adding that people’s disabilities were only part of the consideration. “While advanced age is generally a factor that mitigates a person’s overall risk, the board must take into consideration all relevant information.”

​Tremayne Carroll, a 50-year-old incarcerated at Carter’s prison, who also uses a wheelchair, said the parole process can discount people’s illnesses: “If you do have dementia or other disabilities or issues related to ageing, they start from a position of, ‘You’re being manipulative.’”

She added, “If somebody has served 15 years in prison, and they are not rehabilitated, there’s nothing wrong with that person, there’s something wrong with the system.”

Another chance at freedom

Dass, Carter’s sister, said she worries daily that her sister won’t make it out of prison alive. In recent years, both of their parents and one of their sisters have died. Carter never got to say goodbye.

“Her drive to come home is strong,” said Lilli Paratore, her attorney with UnCommon Law. But she’s been in and out of the hospital and struggling to cope.

Carter has a fourth hearing scheduled this Thursday, but contracted Covid two weeks prior, and at one point was so ill, Dass could barely understand what she was saying on the phone.

Dass said she remains proud of her sister’s ability to take care of the women around her in the prison, and when she’s been denied parole, Carter tries to remain positive and lean into her faith.

She says that God has a plan for her: maybe there’s one more person inside who needs her help.

Full Article & Source:
An elderly woman in prison is losing her memory. Why won’t California release her?

Kind Nurse Designs Adult Bibs That Look Like Shirts, Restoring Dignity

Paige Meyer, a young nurse from Australia, designed dignity bibs for her patients to help them feel more comfortable. During her career, one of her tasks involved feeding patients who could no longer do so alone.

Paige put adult bibs on them to keep their clothes clean but never liked traditional bibs much. Since they’re associated with babies, she felt they might humiliate her elderly patients. They never disliked the bibs, but Paige’s intuition told her they deserved better.

Plus, she had firsthand experience with the degrading nature of adult bibs when her grandma’s dementia worsened. Her caretakers supplied her with a bib during mealtimes, which wasn’t easy for family members to witness. After all, no one wants to watch their loved ones suffer.

So, based on her experiences with adults in her care, Paige wanted to create dignity bibs instead. They resemble everyday button-up clothing so patients won’t feel embarrassed at a meal. This aesthetically pleasing clothing provides protection functions like regular vinyl bibs, making meals more enjoyable for patients.

Full Article and Source:
Kind Nurse Designs Adult Bibs That Look Like Shirts, Restoring Dignity

Wednesday, December 21, 2022

$500 Million Allegedly Stolen From Incapacitated, Vulnerable HV, NY Clients


A former Hudson Valley lawyer is accused of stealing nearly $500 million from incapacitated clients.

On Monday, New York Attorney General Letitia James and Acting New York State Police Superintendent Steven A. Nigrelli announced the indictment and arrest of a former attorney from Dutchess County, New York.

Dutchess County, New York Lawery Indicted 

Ngampol Thongsa

John Ferdinand Murphy, III, 68, of Hopewell Junction, New York was charged with allegedly embezzling more than $450,000 from multiple incapacitated and vulnerable clients.

Murphy was charged with three counts of second-degree grand larceny, two counts of third-degree grand larceny and one count of first-degree scheme to defraud, all felonies.

“Taking advantage of our vulnerable communities is disgraceful and absolutely unacceptable,” James said. “(Murphy) shamelessly embezzled hundreds of thousands of dollars from individuals that the law trusted him to protect."

Hopewell Junction, New York Man Accused Of Draining Accounts

After being appointed as a guardian and trustee for his clients, Murphy allegedly drained their trust accounts by issuing checks to himself, his company Samron Resources, and his own family members, officials say.

According to court filings and statements:

 Murphy abused his position as an attorney over the course of nearly seven years by taking advantage of vulnerable and disabled people, including those for whom he was appointed to act as guardian or trustee. In his role as a court-appointed guardian and trustee for incapacitated individuals and their special needs trusts, Murphy allegedly issued more than $350,000 in checks for his own use.

 Additionally, while acting as trustee for a family friend who is an 89-year-old retiree, Murphy stole more than $80,000 and failed to pay the victim’s tax and utility bills.
 
 Murphy’s failure to pay the victim’s expenses caused her utilities to be shut off on multiple occasions, and even resulted in a foreclosure proceeding on her home. In an attempt to conceal the foreclosure, Murphy sought a seller for the home and collected a $10,000 down payment, which he then deposited into his own account. The home was never conveyed to the seller and Murphy did not return the down payment. However, with the assistance of the New York City Justice Center, the victim has been able to remain in her home.

The alleged crimes occurred between June 26, 2015, to December 29, 2021.

“This individual selfishly used his position to take advantage of elderly, vulnerable, and unsuspecting New Yorkers and their families who put their trust in him to take care of their finances and loved ones," Nigrelli stated. "The New York State Police and our law enforcement partners will continue to put those like Mr. Murphy behind bars to protect innocent victims from being taken advantage of.”

Murphy was suspended from practicing law in August 2021 and disbarred in December 2021.

Full Article & Source:
$500 Million Allegedly Stolen From Incapacitated, Vulnerable HV, NY Clients

Attorney General Moody’s Office Charges Man for Bilking Seniors with Streaming Service Investment Scheme

TALLAHASSEE, Fla.—Attorney General Ashley Moody’s Office of Statewide Prosecution is charging a man with felony fraud and elderly exploitation counts for deceiving more than 300 victims, many of whom are seniors, into investing in a phony streaming-service company. According to a joint Florida Office of Financial Regulation and U.S. Securities and Exchange Commission investigation, Anthony Hernandez operated a criminal-fraud scheme defrauding victims by advertising investment opportunities in a streaming-service company, Oi2Go, on television and social media. Over the course of 13 months, Hernandez bilked more than $1.6 million from victims.

Attorney General Ashley Moody said, “This defendant placed misleading advertisements on television and social media, tricking victims, including many seniors, into believing that their investment would bring back big returns. Instead, the defendant used their money to pay personal expenses. Working with state and federal partners, we have shut down this devious investment scheme and will hold the defendant accountable in court.”

According to the investigation, Hernandez repeatedly misled a total of 327 victims throughout the U.S. to invest with Oi2Go. Twenty-two of the victims are located in Florida. Through television and social media ads, Hernandez promoted Oi2Go as a company with experience in the field of streaming movies and music, and that the company would repeat the achievements of Netflix, Facebook and Amazon in the stock market. Yet, the investigation uncovered that neither Oi2Go nor Hernandez are licensed or registered as brokers or investment advisors.

When prospective investors called the number listed on the advertisements, Oi2Go representatives collected bank account information and authorization to process payments. Provided testimonies expressed that Oi2Go representatives repeatedly called and emailed to push victims into buying more shares.

The investigation revealed that company representatives used verbal strategies to make victims believe Oi2Go was a leader in content and service, with a network of 1,700 online radios and more than 1,000 affiliated radio stations. After further investigation, authorities did not find any evidence of such a network.

Hernandez stole more than $1.6 million from victims nationwide, including more than $140,000 from Floridians. The investigation found that Hernandez spent the money received from victims on an excessive amount of varied personal expenses, salary payments, cash withdrawals, retail and jewelry purchases, restaurants and credit card payments.

Hernandez is charged with one count of organized fraud of $50,000 or more, a first-degree felony; one count of exploitation of an elderly person or disabled adult of $50,000 or more, a first-degree felony; exploitation of an elderly person or disabled adult of less than $10,000, a third-degree felony; one count of sale of securities by unregistered dealer, a third-degree felony; and one count of cash or deposit with intent to defraud, a third-degree felony.

In addition to these criminal charges, Hernandez will face a civil complaint by the SEC.

Attorney General Moody’s Office of Statewide Prosecution will prosecute the case.

Source:
Attorney General Moody’s Office Charges Man for Bilking Seniors with Streaming Service Investment Scheme

States with the Best and Worst Elder-Abuse Protections

Do you know where your state ranks regarding its elder-abuse protections? This new report breaks it down.


by Amy Rock

It is estimated that more than 10% of Americans over the age of 60 have experienced elder abuse — a number that is likely higher since recent studies found one in five cases of potential elder abuse aren’t reported to law enforcement.

According to WalletHub, a personal-finance website, the elderly population is especially vulnerable during times of high inflation. Released Wednesday, its report on 2022’s States with the Best Elder-Abuse Protections compares 50 states and the District of Columbia across 16 key metrics, including elder-abuse, gross-neglect and exploitation complaints, financial elderly-abuse laws, and quality of nursing homes. 

“The most common types of elder mistreatment in long-term care homes include neglect of healthcare, harmful resident-to-resident incidents, emotional/psychological abuse, staff retaliation against residents, financial exploitation, theft of residents’ opioid pain medications, and inappropriate and harmful use of antipsychotic drugs,” Eilon Caspi, gerontologist and dementia behavior specialist, told WalletHub. “The inappropriate and harmful use of physical restraints has been less common in recent years but it still represents a significant concern. In general, staff physical abuse and sexual abuse of residents are less common but their consequences on residents can be deeply traumatic and devastating.”

The report found the 10 states with the best elder-abuse protections are Wisconsin, Massachusetts, Ohio, North Carolina, Iowa, Kentucky, Louisiana, Washington, Pennsylvania, and West Virginia. On the contrary, the 10 states with the worst elder-abuse protections are Oklahoma, Nebraska, Nevada, South Dakota, California, Tennessee, New Jersey, South Carolina, Montana, and Utah. Hover over each state in the chart below to see where your state ranks.

Source: WalletHub

Additional notable findings from the study include:

  • The District of Columbia has the highest total long-term care Ombudsman program funding (per resident aged 65 and older) at $9.66 — 13.8 times higher than Florida, which has the lowest at $0.70.
  • Alaska has the most certified volunteer Ombudsmen (per 100,000 residents aged 65 and older) at 78. Alabama, Mississippi, South Dakota, and West Virginia are among the states that have none.
  • Connecticut, Hawaii, Missouri, and Wisconsin have the most frequent assisted-living facility inspections at twice per year, which is ten times more frequent than in Nebraska, the state with the lowest frequency at once every five years.
  • Alaska has the highest nursing-home quality (share of certified nursing-home beds rated 4 or 5 stars) at 85.5%, which is four times higher than Louisiana, the state with the lowest at 21.4%.

Click through the article’s slideshow to see a further breakdown of the key metric.

What Can Be Done to Protect the Elderly Population?

To better protect the elderly, Peter Giglione, adjunct professor at Duquesne University, told WalletHub that much of the responsibility rests with policymakers. 

“Federal and state governments need to strengthen regulations to provide better minimum staffing ratios and to increase penalties for repeat offender nursing homes, such as mandatory admissions ban, high fines (right now, the maximum fines are a joke), and a loss of Medicare funding,” he said.

There are also ways families can protect their elderly family members from being abused financially, says Manish Shah, professor and chair of the BerbeeWalsh Department of Emergency Medicine, University of Wisconsin. Her recommendations include:

  1. Establish a trustworthy financial power of attorney, even with potential oversight of that person
  2. Establish a contact for financial institutions so the companies can contact someone else if suspicious activity is occuring

The latter, adds Shah, “is particularly important for those with cognitive impairment. Some experts suggest that the likelihood of older adults experiencing abuse – ranging from family violence and neglect to financial scams – has increased in the past year.”

“Ultimately,” she continued, “I think that it is really important to be involved in the lives of loved ones and have a strong relationship with them. That will ensure that any problems are identified early.”

Full Article & Source:
States with the Best and Worst Elder-Abuse Protections

Tuesday, December 20, 2022

Judge appoints lawyer for Spears in incapacity case

By Alex Wood

Wesley Spears, 2020. (Journal Inquirer file photo)

A judge found last month that Glastonbury lawyer Wesley S. Spears, who had been representing himself in a case over whether he is “incapacitated and unable to practice law,” was “without adequate representation” in the case, and the judge appointed another lawyer to represent him at taxpayers’ expense.

Hartford Superior Court Judge Susan Quinn Cobb has also appointed a psychologist, Andrew W. Meisler, at taxpayers’ expense to evaluate whether Spears is incapacitated from practicing law “by reason of mental infirmity.”

Meisler is to be paid $300 per hour, the judge ordered.

Her order appointing the lawyer, David Channing, didn’t state a payment rate but said his fees should be “reasonable.”

The judge’s appointments of Channing and Meisler are the latest developments in the unusual case filed in September by the office of Connecticut’s chief disciplinary counsel for lawyers.

The judge ordered Meisler to have his written evaluation to her by Jan. 31.

Spears has been litigating the case actively, filing a number of motions to dismiss it, which the judge has denied.

Spears couldn’t be reached for comment on the judge’s appointment of the lawyer and psychologist.

When the judge first broached her intention to hire another lawyer to represent Spears, 68, she asked the two sides for recommendations on whom she should appoint.

Spears filed a one-sentence response saying he would leave it “to the Court’s discretion to select counsel for the defendant.” The chief disciplinary counsel’s office submitted no recommendation, according to the judge.

The disciplinary counsel’s office hasn’t given specific reasons for its belief that Spears may be incapacitated from practicing law.

The “presentment,” or complaint, the office filed in September says only that Spears may be incapacitated “by reason of physical and/or mental illness.”

Glastonbury police arrested Spears in October in a July incident in which police believe a gun was fired in his apartment in the 2 Glastonbury Place complex off House Street and Hebron Avenue.

That case, in which Spears is charged with illegal discharge of a firearm and evidence tampering, is pending in Manchester Superior Court.

Online state judicial records show that most records of the case are sealed from public view, probably indicating that Spears has applied for or been granted admission to a pretrial diversion program that can lead to dismissal of the charges.

Online state judicial records show that Spears represents defendants in 129 pending criminal and motor vehicle cases.

He represents a number of defendants in more than one case.

He represents parties in 13 civil and family cases, including a woman who is the defendant in a custody application filed in September in New Britain Superior Court, the online records show.

Full Article & Source:
Judge appoints lawyer for Spears in incapacity case

Ellsworth attorney disbarred after allegedly taking $189,000 from a client’s estate

Friends of a Milbridge man who died in 2018 had sought help since then to get eight $10,000 gifts distributed.

by Samantha Hogan

Christopher J. Whalley, was disbarred Monday at the Penobscot Judicial Center in Bangor. Photo by Fred J. Field.

Suspended Ellsworth attorney Christopher J. Whalley was disbarred Monday following a state disciplinary investigation for allegedly transferring more than half of a client’s estate to his law office’s bank accounts. 

Whalley had been ordered to immediately stop practicing law last February amid a state investigation into his alleged “misuse, or outright embezzlement” of client money, according to court documents. He appeared virtually at a hearing with his lawyer Walter McKee and signed an agreement Monday morning acknowledging the misconduct, or that the state could have proven the allegations had a scheduled two-day hearing taken place, McKee said. 

At the center of the controversy was the estate of Wilbur Knudsen, a Milbridge man who died in October 2018. Whalley is accused of moving nearly $190,000 from the deceased man’s $378,000 estate to bank accounts in Whalley’s control.

Knudsen intended for eight gifts of $10,000 each to be distributed to family members, friends and a local animal shelter, according to his will. The remainder of his estate was to be sold and divided between two grandchildren, which included setting up a trust to help one grandchild pay for college.

“He said he felt they were the ones that could truly use it financially,” Wendy Jipson, a family friend and neighbor of Knudsen, told The Maine Monitor.

Jipson said she was pleased with the disbarment.

“I’m pleased because there’s not a chance he could do this to another,” she said.

Jipson helped care for Knudsen near the end of his life — taking him grocery shopping and to the bank. She said she was at his bedside when Knudsen signed his final will, which Whalley prepared, making himself the “personal representative” of the estate with the power to distribute Knudsen’s assets after his death. 

Much of the money appears to have been paid to Whalley instead, according to court documents filed by the Board of Overseers of the Bar, an independent judicial agency that investigates and prosecutes attorney misconduct in Maine. Checks totaling $99,022 were eventually written to the beneficiaries of the will and creditors of the estate, according to court documents.  

The board of overseers filed seven counts against Whalley accusing him of violating the rules of professional conduct, including allegedly making false statements, taking an unreasonable fee, failing to keep a client’s property separate from his own, making advance payments to himself, and failing to diligently perform legal services or to comply with the Maine Probate Code. Whalley denied the alleged misconduct through his lawyer, McKee, in June.

“This is certainly a black mark. We would recognize that but at the same time it’s not the only thing that is the measure of a person. (Whalley) did a lot of good in Hancock County and many counties over his 31 years. Certainly this event was unfortunate,” McKee told the court Monday.

Christopher J. Whalley, bottom center, acknowledged his disbarment to Superior Court Justice Ann Murray, top center during a disciplinary hearing Monday at the Penobscot Judicial Center. Also present were, clockwise from upper left, William Devoe, Walter McKee (Whalley’s lawyer), Assistant Bar Counsel Suzanne Thompson and Bar Counsel Julia Sheridan. Photo by Fred J. Field.

McKee said the agreement was not an admission of criminal conduct. A spokeswoman with the Office of the Maine Attorney General confirmed the agency is investigating Whalley. 

Whalley and his lawyer declined the Monitor’s request for an interview. 

‘I’m still working on taking care of him’

Knudsen, a retired millwright, split his time between Milbridge and Port Charlotte, Fla. He was short with a big mustache, a “quirky little sense of humor,” said Karen Schevenieus, who cut his hair and whose father was one of Knudsen’s friends.

Wilbur Knudsen
Shortly after Knudsen’s death at age 79 in October 2018, Jipson gave the deed, checkbook and bank statements to Whalley at his request. She also agreed to look after Knudsen’s house each week to save the estate the cost of Whalley driving the 31 miles from Ellsworth to Milbridge to check on the home.

The home’s heating oil ran out in November 2018 and it took Whalley until January 2019 to approve Jipson’s requests that more oil be delivered, she said in a complaint to the board of overseers and an interview with the Monitor. When the boiler wouldn’t start, it took several more weeks for Whalley to approve a repairman to come, she said. By then the walls inside the home had cracked from the extreme cold. In May, seven months after Knudsen’s death, Emera Maine disconnected the electricity because bills had not been paid.

“This isn’t how (Knudsen) operated. When he got a bill, he paid it that day,” Jipson said in an interview.

Whalley met Jipson at the house in January 2019 and appraised the value of the contents at $2,000, according to probate records. He sold it all to Jipson except for a few items in the garage.

Jipson said she was told it would take three months to execute the will and distribute the money to the people in the will — including her own father, Everett West. But three months quickly turned into five months. Jipson told the Monitor her phone calls went unreturned and she didn’t see Whalley again until making an unannounced visit to his office in Ellsworth on March 29, 2019.

“That’s when I asked him, ‘Why now, Whalley? Why are we waiting now? And he knew, of course,” Jipson said in the interview. “My interest the whole time was not just because my dad is in the will. My interest is because these other people want their money. (Knudsen) left it to them — that was his last wishes — and I told him when I became his power of attorney, I would take care of him. And I’m still working on taking care of him.”

Jipson said Whalley promised during their meeting that he would write the checks the following week. 

Whalley instead paid himself $69,000 between June 2019 and August 2019 from Knudsen’s estate, according to the accusations filed by the board of overseers in court. Knudsen’s case file from that time period contained two letters that Whalley wrote to creditors and one letter from the county probate registers, which Whalley didn’t respond to at the time, according to court records.

In total, Whalley allegedly paid $189,375 to his law office and trust accounts with Knudsen’s money, according to a board analysis of banking records. The timing of the payments “is not consistent with any regular ‘billing cycle’ ” and the frequency of the checks written to Whalley’s law office is “not consistent with legitimate payments” for services rendered or expenses incurred, according to information filed by the board of overseers in support of further sanctioning Whalley.

Whalley wrote dozens of checks in round amounts — ranging from $500 to $8,000 at a time — to his law office, which was inconsistent with payments for services and expenses he billed to the estate, according to the board of overseers complaint. Whalley wrote additional checks ranging from $2,000 to $30,000 from Knudsen’s estate to his own trust account. 

Meanwhile, Whalley neglected Knudsen’s other assets that were to be divided between two grandchildren. His largest assets — the house — sat vacant for nearly two years. A close friend reported Whalley to the board of overseers in June 2019. 

Then, Jipson reported Whalley to the board of overseers as well on July 3, 2019, according to a copy of the complaint provided to the Monitor that noted the deteriorating condition of her late friend’s house.

“This home sits directly on the ocean and is worth over $200,000. It’s an absolute shame to watch it be neglected, and to know that Wilbur would be heartbroken at the shape it’s in. It was his pride and joy and it gave him such joy and pleasure to sit on the deck and watch the lobster boats in the bay. Mr. Knudsen’s last wishes are not being carried through. He trusted Mr. Whalley to handle his affairs and Mr. Whalley is not fulfilling his duties and obligations to Wilbur. Something needs to change,” Jipson wrote to the board. 

Court records show the board of overseers opened an investigation in 2019 but agreed to delay taking action. Through 2020 and into 2021, Whalley asked for extensions to finish his work on the estate. Then he stopped responding and in April 2021, the board of overseers reopened the investigation, records show.

Three prior suspensions

This is not the first time Whalley has been investigated by the board of overseers.

Whalley was suspended for three months in 2003 but was allowed to continue practicing law as long as he agreed to be monitored by an attorney for a year. A judge ruled that Whalley had engaged in the “improper handling of client trust funds” during a case where he simultaneously represented multiple people and businesses from whom a woman had stolen tens of thousands of dollars, according to board records. 

Whalley was later reprimanded — the lowest tier of public discipline — in 2005 for having a conflict of interests and again in 2008 for his lack of attention to a time-sensitive divorce case, according to board records. The records also reveal Whalley was also given warnings in 1995, 2000, 2001, 2005 and 2015.

In 2007, Whalley was suspended again — this time for 30 days — for neglecting a client’s case and for not diligently pursuing another matter. He was again allowed to continue practicing law as long as he agreed to be monitored for another year. 

Whalley was suspended for a third time in April 2021, after he was found to have forged a client’s signature on a document submitted to the court years earlier, Superior Court Justice Ann Murray ruled. The suspension was supposed to last a year, though again he was allowed to continue working as long as he participated in a psychological evaluation and treatment.

Penobscot County Superior Court Justice Ann Murray accepted an agreement to disbar Christopher J. Whalley during a disciplinary hearing Monday. Photo by Fred J. Field.

By the time Whalley was suspended in 2021, the board of overseers had already received complaints from Jipson and another person about Whalley’s handling of Knudsen’s estate.

While still on probation, the board of overseers requested in February that the court immediately suspend Whalley from practicing law. The state didn’t notify Whalley or his attorney prior to sending the request.

“… The board has determined that exigent circumstances exist in this case due to attorney Whalley’s extensive prior disciplinary history, and his continued access to substantial amounts of client funds that are susceptible to misappropriation or embezzlement in the event he receives prior notice of this request for his suspension,” the board wrote.

The court granted the emergency request. During his fourth suspension in nine years, Whalley would finally be ordered to stop practicing law while the state investigated. 

Elder financial exploitation

Older adults in Maine collectively lose at least $4 million annually as a result of financial exploitation, according to an analysis of Adult Protective Services and Legal Services for the Elderly cases. 

The majority of abuse and financial exploitation is done by family members, who may take money from bank accounts, get deeds transferred to themselves or evict older family members from their homes, said Jaye Martin, executive director of Legal Services for the Elderly, which provides free legal services to Maine residents age 60 and older when their basic needs are at stake. 

Exploitation by a financial advisor or trusted professional is far less common, she said.

“All of this is really hard for people to picture and imagine. I think all of us want to think of it like, ‘Oh, those doggone romance scams’ or grandparent scams or all the anonymous scamming, which is very predatory and very awful, but it isn’t doing near the harm that the familial exploitation is doing,” Martin said.

For this reason, Martin recommends that seniors consult an attorney when writing wills, healthcare directives or documents giving a person power of attorney. Lawyers are beholden to professional rules of conduct and ethical standards, which if broken have consequences, she said.

Martin declined to comment on any specific case. In general, Martin said it can still be considered financial exploitation if the person is dead, because the final wishes for the assets aren’t being honored.

Martin co-chaired the Elder Justice Coordinating Partnership that was formed by Gov. Janet Mills, which brought together private and public groups to evaluate Maine’s response and prevention of elder abuse. The group released a report in December 2021, which was to be a “roadmap” for how the state could improve. 

Among the “top priority” recommendations were that Maine assign a dedicated elder fraud prosecutor within each district attorney’s office to make it more likely that cases were pursued. They also recommended that there be more forensic auditing resources to support law enforcement in investigating financial exploitation cases. 

In response to the board of overseers case against Whalley, the court assigned a lawyer to take control of client files and computers at Whalley’s law office. The lawyer reported to the court earlier this year that he had spoken with the attorney general’s office and Maine State Police, court records show. Jipson also told the Monitor that she had been contacted by a state trooper about Whalley.

“The case is under investigation by the Office of the Attorney General,” Danna Hayes, a spokeswoman for the agency, wrote in an email to the Monitor.

Probate court unable to intervene

What happened to Knudsen’s estate was sad, unusual and the result of a “perfect storm” of problems, said Carlene Holmes, who has worked as register of probate in Washington County for 24 years and plans to retire on Jan. 1. 

The register office for the Washington County Probate Court has three employees, including Holmes. At three different occasions, there were job vacancies and new people who needed to be trained while Knudsen’s case was open. The COVID-19 pandemic also shut down the office and forced them onto new laptops and new technology. 

“We couldn’t have been any busier,” Holmes said.

Holmes sent letters to Whalley asking him to complete necessary tasks, like notifying Knudsen’s heirs of the case. Whalley had a string of excuses, she said.

Knudsen’s friend, Dale Schevenieus, wrote letters, submitted editorials and called Holmes about his concerns with how Knudsen’s estate was being handled. He witnessed Knudsen sign the will, but wasn’t named as a beneficiary so he had no authority to intervene in the probate case, Holmes said. The court’s hands were tied.

“He wanted the judge to ‘do something, do something,’ and there’s nothing we can do until somebody files something. And it has to be an interested party,” Holmes said. 

One of the beneficiaries requested a final settlement and distribution of the estate nearly a year after Knudsen’s death, probate court records show. It doesn’t appear she took all the necessary steps to intervene in the will. 

As the third anniversary of Knudsen’s death approached, probate judge Lyman Holmes ordered Whalley to provide the register with addresses of Knudsen’s surviving relatives and file an inventory of the estate. 

By the time Whalley wrote checks to the beneficiaries of the will, Jipson’s father and Margaret Deoca — a friend of Knudsen’s wife, Sue — had died and didn’t receive the $10,000 that was promised. Schevenieus died from a COVID-19 infection in December 2021, two months before the court suspended Whalley, according to his daughter, Karen.

She said her father, Dale Schevenieus, fought until the very end to have his close friend’s final wishes followed.

“He didn’t like anyone being bad to anyone else. He stood his ground,” Karen Schevenieus said.

Full Article & Source:
Ellsworth attorney disbarred after allegedly taking $189,000 from a client’s estate

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
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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