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Identifying Elderly Who Are Being Exploited

April 18, 2022Filed Under: Elder Law, Senior Living

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People who believe they are making a charitable donation to help less fortunate people are scammed by scammers who take advantage of their good intentions. Auto call lists that easily identify older victims and the ubiquitous online world of emails, fake mirror websites, disingenuous GoFundMe pages, even postal mail scams can overwhelm an older adult trying to figure out what is real.

While these scams may seem obvious to many people, fraud perpetrators know how to target vulnerable people who are less likely to pick up on the signs of a scam, often becoming victimized. We often warn our elders of financial fraud via unknown callers and the internet reminding them never to give out personal information, and that is important. Sadly, however, most financial exploitations happen through caregivers, family members, friends, or trusted individuals. To best protect an older loved one, it is vital to keep a watchful eye on the signs of financial exploitation, in whatever form.

How to Identify Elderly Most At Risk

The first step is to identify who is most at risk. The National Council on Aging (NCOA) defines elder financial exploitation as “the misuse or withholding of an older adult’s resources by another” and is a form of elder abuse. Those older individuals who are lonely or isolated tend to be more at risk of financial exploitation. Increased risks are also associated with those who have mental or physical disabilities. And for those families with members who have financial or substance abuse issues, there is an increased risk of financial exploitation of their elders. Couple any of the above situations with an older individual who lacks control or familiarity with their finances, and the consequences may be disastrous.

There are warning signs of financial exploitation to be mindful of, including:

  • Money management changes – This can be a change in the individuals tasked with financial oversight (professional or personal), new routine bank account withdrawals, or significant changes in account balances. Look for unexpected opening or closing accounts, changes in spending habits, disconnected utilities, or missed bill payments.
  • Changes in individual associations – Any new “friend” that may try to isolate your loved one is a likely sign of undue influence, control, or manipulation. Any recent individual (professional or personal) who tries to withhold income or assets is very suspect. Additionally, be wary of those who pressure a loved one to give gifts such as cash, property, or making personal loans without documentation or belief that the person will repay the loan under the terms and conditions.
  • Changes in legal documents – Newly drafted legal documents that seem unusual or have forged signatures are apparent signs of problems. Also, look for alterations in existing documents, pre-signed withdrawal slips or checks, and transfers made without the knowledge or understanding of the older person.
  • Changes in the older individual’s behavior – If your loved one exhibits fear, shame, humiliation, confusion about their finances, or an unwillingness to discuss money or get counsel, these are indications they need help now. These feelings and introversion may be due to deteriorating or untreated health or medical conditions, making them vulnerable to exploitation. It may also be a sign of ongoing financial exploitation. Any indicators of other abuse, such as physical or emotional neglect or abuse, even missing property, are warning signs that financial exploitation is occurring.

What can you do if you suspect or know that your elder loved one is experiencing financial exploitation or abuse?

Immediately report your suspicions or findings to law enforcement, adult protective services, their and your attorney, other responsible fiduciaries who are involved, and local elder agencies. It is helpful beyond measure to report to as many agencies and responsible, involved parties as possible. Quick action and reporting increase the chance to recover assets. Also, protect your elder loved one from the abuser. Create space between the parties. Do not permit contact to ensure the victim’s safety.

Many older individuals shy from reporting financial exploitation due to fear of retaliation, losing independence, or the embarrassment suffered for being duped. Other victims may be mentally or physically unable to recognize the abuse or take too long to recognize what was happening to stop it. And sometimes, seemingly radical changes in financial accounts are for legitimate reasons such as estate planning or preparing to enter a nursing home, so be sure of your suspicions.

If you find actual financial exploitation or abuse, contacting proper authorities is the key to the best outcomes. Professional service people follow processes to protect the victim’s person and then seek to recover missing assets. Elder financial abuse can create heartbreaking situations, leaving the victims destitute. Learn about elder financial abuse to protect your loved ones from the scams at large and the family or other close individuals who might seek to take advantage of them. We hope you found this article helpful. If you have questions or would like to discuss your personal situation, please don’t hesitate to contact us at 513-771-2444.

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Feelings of Neglect due to Isolation Increasing in Elder Americans

December 14, 2020Filed Under: Elder Law, Long Term Care, Senior Health and Wellness

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Our elder population is experiencing isolation from their family and extended community interaction, because of the coronavirus, increasing the likelihood of neglect. With the flu season fast on approach this isolation and the possibility of a resurgence of COVID-19, older Americans will likely continue living 2020 in mostly solitary circumstances. Rising instances of loneliness can give way to clinical depression and foster feelings of hopelessness.

Common Signs of Self-Neglect

Some of the common signs that an older adult is self-neglecting include changes in how they communicate and a lack of interest in family or community events. A loved one who always presented themselves in a put-together manner may suddenly stop bothering to dress for the day, or perhaps they have gained or lost a startling amount of weight. A once tidy home may now be piled high with unopened mail and heaps of garbage. They may stop or have difficulty managing their medications. Their demeanor and mood may change, and often there is the incidence of a fall.

ASA

Neglect is often a person depriving themselves of necessary care, whether it be adequate nutrition and hydration, medical care, hygiene, and a suitable living environment. In some instances, neglect may be an extension of diminished capacity of physical or mental ability to provide self-care. In some cases, negligence can be the precursor to abuse by an active or passive negligent caregiver. As reported by the American Society on Aging (ASA) outside of financial abuse, the National Association of Professional Geriatric Care Managers identifies self-neglect as the more commonly encountered situation than physical or sexual abuse or neglect by others.

Each state has a mandatory reporting law requiring certain people to provide information about suspected abuse to the proper authorities. Typically, these people are nurses and doctors, as well as wellness check programs through CMS services. Some states require any person who suspects elder abuse to report the situation. Know your state law for reporting and be mindful that your elder loved one is isolated from medical professional groups who report signs of neglect.

What to Do if you Are Suspecting Elderly Abuse

 

If you have not already implemented virtual strategies to combat loneliness for your older adult, do so immediately. There are many communication, safety, health, and entertainment apps designed specifically with seniors in mind. If your loved one cannot manage a smartphone, use a larger tablet device. If that is unachievable, get a smart speaker where voice communication can provide the sorts of contact options, safety, and activity your senior needs.

Contact your loved one routinely. Implement fall detectors and set up video surveillance to identify any problems. Be sure not to create an overly invasive system allowing your senior some degree of privacy to protect their dignity. Always use firewalls, passwords, and other security options to address privacy concerns.

Take advantage of community programs such as Meals on Wheels or identify programs that check-in on independent living older adults or high-risk households. If they are so inclined, set up the technology for your family member to participate in the many religious services currently being conducted live on Facebook. Connect with their neighbors or local friends to request they occasionally check in on your family member.

AARP recommends whatever the legal obligation in your state to report any sign of elder neglect or abuse. If you believe the person may be in imminent danger, call 911 immediately. If not, address the concern with the person directly or with their caregiver or family member. Remember, you may be misinterpreting the situation. After you have raised your concerns, listen carefully to the other person’s point of view. There may be a quick fix for a small problem, or it could be something more profound. Act deliberately but with compassion. If you meet with resistance to change but still believe help is needed, learn how you can report your concern. Your local police department may have an Elder Affairs unit. Nationally, you can contact support through a public service of the US Administration on Aging called the Eldercare Locator (800-677-1116), connecting you with local protective service agencies.

If you believe your loved one can no longer manage their health, safety, and wellness needs, we can help by providing advice on legal options to protect your loved one. We would be honored to talk with you.

If you’d like to discuss your particular situation, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

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Olivia K. Smith, Attorney at Law
Cornetet, Meyer, Rush & Stapleton Co., L.P.A.
123 Boggs Lane,
Cincinnati, Ohio 45246
Tel: (513) 771-2444
Fax: (877) 483-2119
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Olivia K. Smith, Attorney at Law
Cornetet, Meyer, Rush & Stapleton
123 Boggs Lane
Cincinnati, OH 45246
Phone: 513-771-2444
Fax: 877-483-2119
oksmith@cmrs-law.com

Family Law Attorney Olivia K. Smith, LLC represent clients in Cincinnati, Anderson Township, Batavia, Loveland, Mason, Milford and other communities in Hamilton County, Clermont County, Butler County and Warren County.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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