financial exploitation: an overview “illegal or improper use of an elder’s or incapacitated...

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Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money or other items from elder’s bank account Selling/transferring property Using name/good credit for own purposes Misusing Power of Attorney Changing will or trusts Not returning borrowed money Reluctance to report financial abuse: Mostly because no one knows who to report to. Home: Due to emotional attachment to person that is exploiting Professional Care: Care giver reluctant because of strict policy of confidentiality

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Page 1: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Financial Exploitation: An Overview

“Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain”

Taking money or other items from elder’s bank accountSelling/transferring propertyUsing name/good credit for own purposesMisusing Power of AttorneyChanging will or trustsNot returning borrowed money

Reluctance to report financial abuse: Mostly because no one knows who to report to.

Home: Due to emotional attachment to person that is exploitingProfessional Care: Care giver reluctant because of strict policy of confidentiality

Page 2: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

3 Scenarios of Financial Exploitation

Physical Dependence: Person becomes isolated and completely dependent on caregiver. Loses power to say no. Person may appear rational and healthy, but may still ratify the transactions.

Elder who is “slipping”: Cases involving Dementia/other sicknessTrusts in the exploiterUsually has no idea of what is occurring

Bereaved Widow(er):Had relied on spouse to handle financial affairsWhen spouse passed away, needs someone else to takeoverDealing with finances can seem like a nightmare, so exploiter comes as a relief

Page 3: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Elder Abuse: Financial Exploitation (Statistics)

• Estimated 1 in 25 cases of elder abuse are Financial Exploitation (FE), so 5 million victims each year•2001 Survey: 34 states + Guam responded

–28 states = 38,015 reports–58% female / 64.7% 66 years old ≤–40% reports made by people between ages of 65 and 80 –29 states had mandatory laws for reporting Financial abuse

•11 include financial institutions as mandatory reporters–10 states have registry of financial abusers–Only Oregon has an estimated value of losses for the year: $50,000 to $100,000 for 47 cases.

•2004 Survey: Of women in European countries–FE 2nd common at 14% after neglect–Most cases were reported in home

•65% by a family member•15% Long term care staff

Page 4: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Financial Exploitation in the Home

Who?

Family Members: Children, Spouses, Grandchildren etc.

Strangers: Hired help, Neighbors, Email Fraud

How? Controlling email, phone calls, visitors, and outings

False promises

Fear/Lying

Threaten with harm or neglect

Manipulation: Food and medicine

Forgery

Page 5: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Financial Exploitation: Fraud/Scams

Telemarketing fraud robs U.S. citizens of at least $40 billion

annually (more are being targeted specifically at elderly)

Prizes that person must pay to claim

Phony charities

Investment fraud

Paying for calls in order to receive information (ie. How to get free stuff)

Why do you think elderly people are susceptible to things like this?

Page 6: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Financial Exploitation: Professional Care

Insurance Fraud Unnecessary tests/equipment are given to patients, then billed to insurance companies or Medicare

Hired for healthcare, but non provided

Example:

Nursing home caregiver stealing money from a patient’s account

Page 7: Financial Exploitation: An Overview “Illegal or improper use of an elder’s or incapacitated adult’s resources for profit or personal gain” Taking money

Intervention

Report: Some states have telephone help lines

To police or family members depending on position

Judicial: Take legal action against abuser/exploiter

Non-Judicial:Alert Family Members (If you are a caseworker/Professional)