Nearly 300 cases of elderly financial abuse in Lubbock area 2023; West TX expert shares key tips

Story by Christianna Barbosa

LUBBOCK, Texas — October is Elderly Financial Exploitation Month and EverythingLubbock.com learned about the most common forms of financial exploitation and preventative measures.

“We want to talk about it because people don’t talk about it,” Marci Leffer, Community Engagement Specialist at Adult Protective Services (APS), said.

According to Leffer, in 2023 Texas had 13,380 reported exploitation cases, 292 of those in the Lubbock area. Leffer explained there are two types of financial exploitation: financial abuse (when the perpetrator is someone the victim knows) and financial fraud (when the perpetrator is a stranger). APS deals with financial abuse, but Leffer provided tips for both situations.

Once elders realize they’ve been financially exploited, they are overcome with embarassment making them unlikely to tell anyone. Prevention, according to Leffer, starts with being educated.

Why are the elderly easier targets for financial exploitation and scams?

Leffer said in a lot of cases older people tend to be more trusting and always answer the phone. She explained they are challenged when it comes to technology and their brains are not as quick as they used to be. Beyond that, scammers get them into a state of panic, making it seem urgent to take action in a financial fraud situation.

When it comes to financial abuse, loneliness often factors in, Leffer said. This can cause the elderly to befriend and place trust in someone they do not know and then get burned later on. Other times perpetrators are close family members taking advantage of their older family member by taking over their finances.

“It really becomes evident that this is so underreported and how people who have worked their whole lives are left in such a desperate spot,” Leffer said.

Her advice to prevent being a victim of financial exploitation?

“If you don’t know who’s calling, don’t answer the phone,” Leffer stressed.

The biggest misconception amongst older people who are financially exploited is that it will not happen to them because “I’m smarter than they are,” according to Leffer.

APS does not investigate or assist when it’s a scammer’s issue but Leffer explained they can interfere once people have been scammed to the extent where they put themselves in a state of self-neglect. APS can come in and offer some assistance and resources, and connect victims with people who can help them.

Leffer advised that people concerned about their parents should stay involved in their lives. Older people can also confide in their financial advisors, bankers or really just someone other than family for better advice, said Leffer. All in all, protect your information and make sure that you have someone in your corner that you can trust.

Some available resources are listed below:

Adult Protective Services (APS)

• APS is a resource if you have been exploited. They assist people ages 65 and up or 18 to 64 for those with a substantial disability. Leffer said she also hosts presentations to groups and those interested can email her at marci.leffler@dfps.texas.gov.

Federal Deposit Insurance Corporation (FDIC)

• The FDCI’s Money Smart for Older Adults Program raises awareness among older adults and their caregivers on how to prevent fraud, scams and other elder financial exploitation. Click here for more.

U.S. Department of Justice (DOJ)

• The DOJ has a section on its website called the Elder Justice Initiative for victims of financial exploitation to find help, webinars, warning signs of financial exploitation and more.
  

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Nearly 300 cases of elderly financial abuse in Lubbock area 2023; West TX expert shares key tips

Lancaster County man arrested for stealing funds from estate

Story by Brendan King

A Lancaster County executor has been arrested for allegedly stealing funds from an estate he was responsible for. 

According to the Ephrata Police Department, 58-year-old Dervin L. Bender stole $27,760 from the estate over approximately two years. Authorities charged Bender with theft by unlawful taking and financial exploitation of an adult or care-dependent person.

According to police, Bender was one of two co-executors of the estate. The deceased's will decreed that after payments and taxes, the remainder of the finances would be distributed in equal shares to Bender and three other people.

Bender and the co-executor were supposed to both sign any checks issued from the estate, but Bender endorsed several checks and distributed them to himself for personal expenses, the investigation discovered.

Bender also did not pay all of the estate's outstanding expenses, which totaled more than $15,000, police discovered.

Bender also sold the deceased's home for $15,000 and did not deposit the money into the estate's bank account, according to police.

When interviewed by police, Bender admitted to keeping the funds from the sale of the home for himself, and endorsing and issuing checks to himself from the estate. He allegedly told police he spent all the money on gifts for his grandchildren and personal expenses.

Bender was arraigned on Tuesday and released on unsecured bail. 

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Lancaster County man arrested for stealing funds from estate

Portage County Probate Court officer arrested

By Brian Koster

PORTAGE COUNTY, Ohio (WOIO) - Portage County Probate Court announced that the court’s fiscal officer Jennifer Urbania has been arrested on an allegation of theft from a previous employer.

Urbania started her job with the court on July 22 of this year after completing the court’s standard interview process and passing a BCI background check.

The court said allegations are wholly unrelated to Ms. Urbania’s employment with the Court or its finances, but Judge Patricia J. Smith has requested a full audit of all financial records and accounts to which Ms. Urbania had access.

County Auditor Matt Kelly will oversee that process. Urbania has been placed on unpaid leave.

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Portage County Probate Court officer arrested

Dog helps save missing woman diagnosed with dementia found on Utah mountainside

An 80-year-old woman went for a short walk with her chocolate labrador while her husband was cooking dinner. However, she never returned.

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Dog helps save missing woman diagnosed with dementia found on Utah mountainside

Hero Dog Saves Man's Life After He Falls and Breaks His Hip

Keith Johnson fell and couldn't get up during a morning walk with his dog, Gita. The loyal canine knew her owner was in trouble and ran down to a main road looking for help. Washington Deputy Colton Wright ran right behind Gita and found Johnson unable to get up with a broken hip. The deputy went back to the man's truck to get a bottle of water and Gita was right there. Now, the beloved pet is being hailed a hero.

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Hero Dog Saves Man's Life After He Falls and Breaks His Hip

Bernalillo County Sheriff's Office charges pair for elder abuse

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Bernalillo County Sheriff's Office charges pair for elder abuse

Cracking down on scammers

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Cracking down on scammers

Most disabled adults in guardianship never get legal counsel

by Eric Russell

Most disabled adults in Maine who are assigned legal guardians to take charge of their affairs are not represented by lawyers to protect their interests during the process, according to a new report that calls for reforms in the guardianship system.

In more than 2,000 cases over a three-year period, 75% of adults in Maine for whom legal guardianship was sought were not represented by an attorney, it says.

Disability Rights Maine collected information about 2,334 cases filed with state’s probate courts between 2019-21 to produce a first-of-its kind report on a complex legal system for vulnerable adults. The organization’s legal director, Lauren Wille, said the findings were striking and demonstrate the need for continued reforms.

“We had so much anecdotal information, but we really wanted to see whether what we were seeing in anecdotes was reflected generally in numbers,” Wille said. “In some ways, what we learned was not surprising because I think even before I looked at a single docket, I would have surmised that people largely go unrepresented.”

Adult guardianship is the legal process that gives someone authority to make decisions for another person, often someone who is intellectually or developmentally disabled. In most cases, it’s a parent seeking guardianship of a child once they reach adulthood, but there are many instances in which unrelated individuals are appointed guardians by the state.

Under state law, guardianship is granted when a judge finds that an individual is unable to “receive and evaluate information or make or communicate decisions.” In the cases reviewed by Disability Rights Maine, 77% resulted in the appointment of a legal guardian, which means all financial and medical decisions are made by the guardian.

But the group found that when individuals were provided a lawyer, the percentage of cases that resulted in guardianship dropped by as much as 15%.

“Maine must do a better job to educate families and schools that guardianship is not the only option to support their young adult into adulthood,” said Staci Converse, the nonprofit’s senior managing attorney. “Probate courts must do better in ensuring that people are provided the zealous advocacy they are entitled to.”

A defendant is entitled to counsel in criminal cases, and is provided with an attorney even if they can’t pay. In child protection cases, an attorney is assigned specifically to advocate for the child.

Appointment of an attorney in guardianship cases, however, doesn’t happen automatically. Someone must file a petition, but that doesn’t always happen because individuals don’t know the resource is available or don’t believe it is needed. Wille said some of that gap is likely attributed to ableism – the false thinking that someone who is incapacitated wouldn’t benefit from legal counsel.

Throughout Maine’s legal system, a persistent shortage of attorneys made it difficult to secure representation in criminal and civil cases. Wille said she assumes that shortage is impacting guardianship cases as well.

In all three years studied, the rates in which individuals were provided counsel and the rates in which guardianships were granted remained consistent. There was, however, geographic disparity. For instance, in Cumberland County, individuals were twice as likely to be represented (29%) than in Oxford County (15%).

Maine’s probate code was rewritten in 2019, in part to better enshrine the rights of disabled adults. The code now instructs probate courts to consider less-restrictive alternatives – including something called supported decision-making – before granting guardianship.

One year earlier, Joshua Strong, of Damariscotta, became the first adult in Maine to have his guardianship dissolved in favor of something called supported decision-making. It allowed Strong, who has autism spectrum disorder and had been under the guardianship of his father, to be legally in charge of all decisions – about financial matters, about health care, about relationships.

The probate code also includes stronger language that says guardians must promote self-determination and involve individuals in decision-making, and created a mechanism for individuals to file grievances.

Disability Rights Maine, the state’s designated protection and advocacy agency, has highlighted in recent annual reports other cases where its attorneys have intervened.

In one case, an adult named Cooper was compelled to move into a new home by his guardian. Disability Rights Maine filed a grievance to stop that from happening. It ultimately led to the dissolution of Cooper’s guardianship.

In another, an individual named Lucy contacted Disability Rights Maine because her guardian wasn’t allowing her to use food stamp benefits. After a grievance was filed, Lucy’s right to control her own benefits was affirmed.

But even with some recent improvements in the system, including alternatives to guardianship, Wille said the data gathered for this recent report indicates more needs to be done.

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Most disabled adults in guardianship never get legal counsel

We must dismantle barriers that prevent disabled Americans from voting

The disabled community’s needs can only be met when those who exercise their voting privilege support those who cannot.

by Denise D. Resnik and Eron Friedlaender

Jenniffer Jarvis has been impressed with her son’s civic interest and knowledge for years. Unfortunately, Josh, who is autistic and 19 years old, lost the right to vote when he came under full guardianship of his parents. Despite his ineligibility, his family believed Josh had the capacity to be an engaged citizen. After prepping for months, Josh took the Arizona Civics Test in January 2023 and earned a score of 94%, far surpassing the 60% students need to receive a high school diploma.

Even so, the Superior Court of Arizona in Maricopa County rejected the family’s request to retain Josh’s voting rights in August 2023, citing full guardianship as the reason. This defeat is just one example of the indignities and barriers people with disabilities face in community participation, and particularly in voting.

We must dismantle the barriers that prevent Americans with disabilities from voting; many in the community can’t navigate the labyrinth required to vote. About 17.7 million people with disabilities reported voting in the last presidential election, according to Rutgers University researchers. That compares with over 70 million U.S. adults having a disability.

Many people are quick to imagine “disabled” as someone with visual, auditory, or mobility impairments because these challenges are easy to recognize. But the term disability also relates to people with social vulnerabilities and those who cannot plan and execute tasks independently, like the many steps required to register and cast a ballot.

As mothers of autistic sons, we are committed to closing the voting gap. Some challenges are legal and involve guardianship or conservatorship. Other barriers are physical. When Government Accountability Office inspectors visited 167 polling places before the 2016 election, they found steep ramps, poor signage, and a lack of parking options. Only 17% of sites were fully accessible for people with disabilities who wanted to vote in person.

Friedlaender’s son, Alexander, 22, is an autistic college student in Washington, D.C. Alexander never learned the continuous flow of cursive writing. He can write thoughtful essays for advanced history of art coursework but gets flustered when asked to sign his name in cursive. A signature is required to check in at polling stations or affirm the authenticity of a mail-in ballot. It took time, but with great pride, Alex painstakingly voted by mail earlier this month with his hard-earned penmanship.

Resnik’s son, Matthew, 33, completed his public education as a fourth-year high school senior. Matt began singing the preamble to the Constitution at the age of 8, along with a broad repertoire of songs thanks to his beloved Schoolhouse Rock! video collection. An unreliable speaker, Matthew still struggles with answers to questions, yet can solve all kinds of multiplication problems in his head. With his communication challenges, he will not be casting a ballot this year or in the foreseeable future. However, Matt’s voice will be heard indirectly at the ballot box by those who think of housing, health care, employment, and disability rights when they select a candidate.

Across the country, the autistic population is growing, though autistic Americans are hardly the only group facing barriers to voting. Roughly one in 36 children is diagnosed with autism spectrum disorder. Every year, more than 120,000 U.S. autistic youth transition to adulthood and lose school-based services. They enter a chaotic world where they are far less assured of health care, housing, training, and jobs.

Major medical and public health groups, including the American Medical Association, have identified voting as a social determinant of health — or, more simply, a factor that improves the well-being of those who do it.

There has been some movement in the right direction. In Josh’s case, the guardianship issue in Arizona was lifted this summer thanks to Wood v. Coconino, a Arizona Court of Appeals decision that ruled people under guardianship should not automatically lose their voting rights. If a citizen understands they are choosing a particular candidate for a specific office, the citizen has the capacity to vote.

That’s why First Place AZ launched VotetheSpectrum.org, a nonpartisan movement that aims to register and educate voters with disabilities across the U.S. The initiative, launched in Arizona one year ago, also offered a series of Spark the Spectrum accessible voting workshops as well as tool kits and mock elections to give adults with autism and intellectual and/or developmental disabilities a chance to practice all steps of the voting process.

As moms, we also know our work is never done. The disabled community’s needs can only be met when those who exercise their voting privilege support those who cannot.

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We must dismantle barriers that prevent disabled Americans from voting