Legal Planning can Help Prevent Elder Abuse

In a recent case reported by FOX43, an 86-year-old father fell victim to elder abuse at the hands of his own son. According to the report, the son stole $153,168 from his father. This story is a painful reminder of how even trusted individuals can exploit the vulnerability of our elderly loved ones. Likewise, it reminds us to be vigilant of elder abuse to prevent these heartbreaking situations.

What Is Elder Abuse, and Why Is It a Growing Concern?

Elder abuse is a serious issue that affects many older adults. It includes physical, emotional, and financial harm, and the perpetrators are often trusted individuals. Many elderly people rely on others for their daily needs, making them vulnerable to abuse.

To make matters worse, elder abuse is becoming more common as the elderly population grows. The National Council on Aging (NCOA) states that one in ten Americans aged 60 and older has experienced some form of elder abuse.

How can Legal Planning Protect Elders with POAS?

Legal planning can help protect an elderly person’s wishes and their assets. Elder law attorneys can assist in creating essential documents like wills, trusts, and powers of attorney. These documents guide the management of an elderly person’s assets and who will make decisions on their behalf.

A power of attorney (POA) is especially important. It’s a legal document that allows someone to make decisions for another person. If an elderly individual cannot make decisions for themselves, a POA is vital. A trustworthy person holding power of attorney can prevent financial abuse and protect the elderly person’s needs.

What are the Warning Signs of Elder Abuse?

Recognizing the signs of elder abuse is crucial for prevention. Some common warning signs include:

Unexplained injuries or bruises
Sudden changes in financial situation
Withdrawal from normal activities
Poor hygiene or living conditions
Fear or anxiety around certain individuals

What Steps can Be Taken to Prevent Elder Abuse?

Regular Check-Ins: Regularly check in on your elderly loved ones. Frequent visits or phone calls can help you notice any changes in their behavior or living conditions.
Educate Yourself: Learn about the signs of elder abuse and stay informed about how to protect your loved ones.
Legal Safeguards: Work with an elder law attorney to create legal documents that protect the elderly person’s assets and outline their care preferences.

How can Elder Law Help Protect Seniors?

Elder law encompasses various legal issues affecting older adults. These include estate planning, healthcare, and guardianship. An elder law attorney can help create a comprehensive plan to protect the elderly individual and their assets. Some strategies include setting up trusts to manage assets, appointing guardians or conservators, and drafting advance healthcare directives.

Take your first step toward securing a comprehensive estate plan; schedule a consultation today.

Key Takeaways

Elder Abuse Awareness: Stay alert to warning signs of elder abuse. Sudden financial changes, unexplained injuries, and strange behaviors are potential warning signs.
Importance of Legal Planning: Elder law can protect your loved ones. Leverage legal tools like powers of attorney and trusts.
Role of Estate Planning: Estate planning isn’t just for distributing assets after someone dies. Instead, it can protect them during their lifetime.
Consult an Elder Law Attorney: Aging well can be a challenge. Professional legal advice can make it safer and easier.

References: FOX43 (Oct. 22, 2018) “Son charged for stealing $153,168 from 86-year-old father, officials talk elder abuse warning signs | fox43.com”

NCOA (National Council on Aging) (Feb. 23, 2021) “Get the Facts on Elder Abuse”

What Do You Do If Elderly Family Member Is Being Financially Abused?

Financial elder abuse is when a family member, caregiver, or another individual illegally or improperly uses an elderly person’s assets for their own personal gain without the knowledge or understanding of the elderly person. A recent article from The Sun Times News, “Elder Financial Abuse Can Be A Family Affair,” notes the coming “Great Wealth Transfer” of Baby Boomer assets could lead to a dramatic increase in elder financial abuse.

Even minor memory loss can be exploited by scammers and, sadly, family members. With nearly seven million Americans having moderate cognitive issues, the possibility of financial abuse is growing. Boomers live longer than any previous generation, translating into huge healthcare costs in post-retirement years. At the same time, their children and grandchildren face challenges, including student debt and high homebuying costs. The combination of these issues isn’t pretty.

A contributing factor is the increased misinformation about Medicaid, wills, trusts, guardianship and power of attorney. When seniors make their wishes known and formalize them through an estate plan and trusts to protect their assets, the chances of them becoming victims of exploitation can be minimized.

In many cases, isolation leads to vulnerability. One woman allowed her son’s ex-wife to move into her Colorado home to live with her elderly mother. The ex-wife fell victim to scammers herself and convinced the elderly mother to send two checks totaling $70,000 to two scammers, one claiming to be running a children’s mission in Nigeria and another rescuing animals in Malaysia. The elderly woman’s bank didn’t question the large checks, which it should have. The ex-wife also forged checks worth more than $10,000 on the elderly woman’s account. The promised caregiving never happened, and while the woman was arrested and prosecuted, the family will never recover the money as the ex-wife is unemployable—she was a bookkeeper.

The National Center on Elder Abuse suggests only one in 24 cases of elder abuse is reported to authorities. If abuse of any kind is suspected, it should be reported immediately to the police in the jurisdiction where the senior lives. Financial statements, bank statements, credit card bills, canceled checks and evidence must be provided. Even if you don’t have evidence, suspected abuse should be reported.

Families can be torn apart when heirs battle over inheritances. Two means of prevention are creating an estate plan by an experienced estate planning attorney, with trusted family members or professionals to serve as Power of Attorney and executor. The second is to maintain ongoing contact with the senior, if possible, in person and, if not, via phone calls, video calls and visits. The more involved you are with an aging person’s life, the better your chances of uncovering or preventing financial elder abuse.

Reference: The Sun Times News (May 8, 2024) “Elder Financial Abuse Can Be A Family Affair”

Protecting Elders from Guardianship Abuse

Issues Inherent in the Guardianship System

Elder law attorneys see firsthand the complexities and potential pitfalls of guardianship arrangements. The recent investigation into guardianship practices in Florida, as reported by the Washington Post, underscores the urgent need for vigilance and reform in this area. While guardianships are designed to protect the vulnerable, they can sometimes lead to significant abuses, including forced isolation and financial exploitation. This article aims to shed light on the complexities of the guardianship system, expose issues related to guardian-inflicted elder abuse and provide practical advice for avoiding guardianship by planning before becoming incapacitated.

What Is Guardianship?

Guardianship is a legal process where a court appoints an individual (the guardian) to make decisions for someone deemed unable to make decisions for themselves (the ward). This arrangement is often necessary for seniors who can no longer manage their affairs due to health issues like dementia or stroke. It’s estimated that more than one million Americans are in a guardianship, a number that will only grow as the U.S. population ages and elderly people no longer have family living nearby to provide the care and protections they need.

A Cautionary Guardianship Case

Douglas Hulse, a former pilot from Florida, was hospitalized due to a stroke. After his recovery period ended and his condition did not improve, Orlando Health South Seminole Hospital could not discharge him without having an assigned caretaker. Therefore, the hospital petitioned the court to assign him a guardian due to the inability to locate his family. His loss of control over his assets and personal decisions to a court-appointed guardian is a stark reminder of guardianship risks. His guardian, responsible for 19 other wards, made questionable decisions like selling his home without seeking to locate his family.

What Role Do Hospitals have in Guardianship Appointments?

Hospitals often play a significant role in initiating guardianship proceedings. Cases like Hulse’s in which the hospital petitions for a court-appointed guardian are becoming more common nationwide, especially when elderly patients have no known family or friends to care for them. While this process is meant to ensure the patient’s well-being, it can inadvertently lead to the appointment of guardians who may not act in the best interest of the ward or, worse, will exploit the senior ward through financial abuse or other ways.

Why Is the Adult Guardianship System Allowing Abuse and Exploitation of Wards?

The discrepancies in the guardianship appointment and training process further complicate this issue. There is often a lack of standardized procedures for appointing and monitoring guardians, leading to inconsistent practices and an increased risk of abuse. This situation calls for a more rigorous and standardized approach to guardianship appointments at the state level, ensuring that only qualified and ethical individuals are entrusted with such significant responsibilities.

How Do Guardianships Put Seniors at Risk of Abuse?

The Hulse case highlights several risks associated with guardianship:

Loss of Personal Freedom and Fundamental Rights: Once under guardianship, individuals may lose basic rights, such as voting, consenting to medical treatment, managing their finances, or deciding where to live.
Financial Exploitation: Guardians have significant control over the ward’s assets, allowing them to access financial accounts directly and conduct financial transactions without oversight. This access can lead to mismanagement or outright theft.
Lack of Oversight: Guardianships often lack sufficient legal or administrative oversight, allowing unscrupulous guardians to take advantage of their wards. Because a judge appoints guardians, they often do not face punishment or legal recourse for abusive behavior.

How to Protect Yourself From Court-Ordered Guardianship

Advance Planning: The best defense against guardianship abuse is advance planning. This includes setting up durable powers of attorney for health care and finances, which allow you to designate someone you trust to make decisions on your behalf if you become incapacitated.
Regular Monitoring: If guardianship is unavoidable, family members should stay involved and monitor the guardian’s actions. Regularly reviewing financial statements and staying in close contact with the ward can help detect any irregularities.
Choosing the Right Guardian: If a guardian is necessary, choose someone trustworthy and capable. This could be a family member or a professional with a good reputation and credentials.
Legal Oversight: Courts should have robust systems to monitor guardianships. This includes regular reporting by guardians and audits of their financial management.
Awareness and Education: Seniors and their families should be educated about the risks of guardianship and the importance of advance planning. Community programs and legal clinics can provide valuable information and resources.
Advocacy and Reform: Advocacy for better laws and policies around guardianship is crucial. This includes pushing for reforms that increase transparency, accountability and oversight in the guardianship process.

Key Takeaways:

Guardianship can lead to significant abuses, including loss of autonomy and financial exploitation.
Hospitals often initiate guardianship proceedings for incapacitated patients without family, which can lead to inappropriate guardian appointments.
Advance planning, such as establishing durable powers of attorney, helps prevent guardianship abuses.
There is a need for increased legal oversight and reform in the guardianship system to protect the rights and well-being of the elderly.

Work with an experienced elder law or estate planning attorney to ensure that someone you love does not fall prey to abuse but has a legally documented estate plan to protect them and their financial well-being.

Protecting Elderly Parents

As our parents age, the responsibility often falls on us to ensure their well-being and safety. This article delves deep into the various ways you can protect your elderly parents, especially in the realms of finance, health and overall security. With the rise of scams targeting the elderly and the challenges of dementia, it’s crucial to be proactive. Read on to discover actionable steps and essential knowledge to safeguard your loved ones.

How to Start the Conversation with Your Elderly Parent?

Starting the conversation about their safety and well-being can be challenging. It’s essential to approach the topic with sensitivity and understanding. Listen to your parents’ concerns and feelings. Remember, it’s not about taking control but about ensuring their safety and well-being. Ask your parents about their wishes and how they envision their future.

What are the Warning Signs of Financial Exploitation?

Elder financial abuse is a growing concern. Be vigilant for warning signs such as sudden changes in financial situation, unexplained withdrawals, or new relationships with “financial advisors.” Regularly reviewing credit reports can also help in spotting unauthorized activities. Elderly people are often targeted, so it’s essential to be proactive in protecting elderly parents’ assets.

Why Is an Estate Plan Important?

An estate plan ensures that your elderly parent’s assets are distributed according to their wishes. It includes legal documents like wills, living trusts and power of attorney (POA). Establishing a living trust can be particularly beneficial since it provides clarity on asset distribution and can avoid probate. Estate planning also helps in protecting elderly parents’ assets.

How to Protect Your Elderly Parent from Scams?

Scams targeting the elderly are rampant. Educate your parents about common scams, and emphasize the importance of not sharing personal information. Regularly check their financial accounts for suspicious activities and sign your parents up for free credit report monitoring. Elder financial abuse is real, and taking steps to protect your elderly parents’ assets is crucial.

Dementia: How to Recognize and Manage?

Dementia can be a significant concern for aging parents. Early signs of dementia include forgetfulness, confusion and difficulty in performing familiar tasks. If you notice these signs, consult a medical professional. Establishing a durable power of attorney can also help in managing their finances and health decisions. Cognitive decline is a common issue, and understanding the early signs of dementia can be beneficial.

The Role of Legal Documents in Protecting Elderly Parents

Legal documents like POAs, living trusts and wills are essential tools in protecting your elderly parents’ assets and ensuring that their wishes are honored. Consult an elder law attorney to understand the best options for your family. Legal documents play a pivotal role in protecting elderly parents’ assets.

How to Help Your Parents Manage Their Money?

If your parents have trouble managing their money, offer to help them set a budget, pay bills and review their financial accounts. Setting up automatic payments for regular bills can also ensure that they don’t miss any payments. Money management is crucial, and helping them manage their finances can provide peace of mind.

What Is Elder Law, and Why is it Important?

Elder law focuses on the legal needs of the elderly. An elder law attorney can guide you through legal processes, ensuring that your parents’ rights are protected and their wishes are respected. Elder law is a specialized field that can assist in protecting elderly parents’ finances.

How to Ensure Your Parents’ Financial Security?

Protecting elderly parents’ assets is crucial. Work with a financial planner to review their financial situation, set aside money for emergencies and invest wisely. Ensure that their retirement accounts are secure, and regularly review their financial accounts for any discrepancies. Financial security is paramount for the well-being of your aging parent.

How to Financially Protect Your Elderly Parents?

To financially protect your parents, ensure that they have a solid estate plan, regularly review their financial accounts and educate them about potential scams. Establishing a living trust and having a power of attorney can also provide added security. Financial decisions made today can have long-term implications, so it’s essential to be informed and proactive.

Key Takeaways:

Start the conversation with your parents early and with sensitivity.
Be vigilant for signs of financial exploitation and scams.
Legal documents like POAs, living trusts and wills are essential in protecting assets.
Consult professionals, like elder law attorneys and financial planners, for expert advice.
Regularly review and manage your parents’ financial accounts to ensure their security.
Understand the challenges of dementia and be proactive in its management.
Financial security is paramount for the well-being of your aging parent.

Protect Your Elderly Parents from Scammers

Thinking on a very practical level, if you were a thief and had to choose a target, it would likely be someone who has wealth and is vulnerable—the picture of an elderly person, especially one who is likely to be isolated and may have cognitive issues. According to the Federal Trade Commission, consumers aged 60 and older filed 467,340 fraud reports in 2021, reporting total losses of more than $1 billion.

A recent article from cbsnews.com, “How to protect elderly parents from financial scams,” says that consumers age 60 and older are less likely to report losing money to fraud than those aged 18—59. Still, when they do report a loss, it tends to be for more money, especially among those 80 and older. They have the highest median loss of all groups.

Older adults are likelier to lose money on scams involving tech support, prizes, sweepstakes, lotteries and friends and family impersonations. What can you do?

Talk about it. Scams target everyone. Therefore, it is an easy topic to bring up. First, start the conversation with your experiences or a trending news story. Next, explain specific scams, like someone reaching out through social media saying they want to be friends, followed by an urgent request for money or fake text messages from a grandchild who needs bail money. People informed about scams’ specifics are less likely to respond.

Use anti-fraud tools. Spam-blocking apps on cell phones can send unknown numbers to voicemail immediately. A credit freeze can secure credit information and is easily temporarily unlocked for legitimate access. Setting strict privacy tools on social media can also limit the number of scammers who can get through.

Signing up for financial account monitoring or receiving alerts for transactions is easily enough put into place. However, in some instances, it would be wise to allow adult children to monitor these accounts, depending upon the parent’s comfort level with sharing this information.

Put legal tools into place. A durable power of attorney, revocable trust, or, if appropriate, guardianship, can be among the most effective ways to keep an older adult’s assets safe from scammers. If a revocable trust is created, an adult child can quickly step in before too much damage is done, whether it’s a fake charity or a “kidnapped grandchild” scammer.

Know the warning signs. An older adult who is suddenly reluctant to talk about their finances had said they are having trouble paying bills when they never had a problem before or is receiving a high number of text messages or phone calls and insists on being alone when they respond may have become a victim of fraud.

Scammers are especially good at creating a sense of urgency, saying their victims must send money or gift cards immediately, or the IRS or police will arrive at their door. The latest wrinkle is the use of artificial intelligence to mimic a loved one’s voice, and the technology is so good that even experts are fooled.

Avoid shaming loved ones. The embarrassment of being the victim of elder financial abuse worsens a bad situation. Don’t scold an elderly person for being fooled; they certainly will be angry enough at themselves for being taken. Reassuring words are more likely to allow the victim to keep some of their dignity, while encouraging them to call you if, and more likely when, they are confronted with another scammer.

Reference: cbsnews.com (April 10, 2023) “How to protect elderly parents from financial scams”

How Does Estate Planning Work for Caregiving Children?

This situation requires considered estate planning to protect the arrangement, both for the parent and child, in the event of the parent’s incapacity and what may happen, if and when the parent needs to move to a care facility and/or passes away.

If the child is caring for the parent at the parent’s home, the parent’s estate planning often gives the child the ability to remain at the parent’s residence. It may also allow the child to access the parent’s bank accounts, if the parent becomes mentally incapacitated. A recent article from Lake County Record-Bee, “Estate planning for parents with caregiver children,” says if the planning is not done correctly, a series of unintended problems may arise, including disagreements with other family members and allegations of elder abuse, especially financial abuse.

Agreed-upon terms of any living arrangement should be included in the parent’s estate planning documents. If the parent has a living trust, the trust may allow the child to remain in the family home, so the document must clearly state the terms of the living arrangement. If the parents live in a rental property, the POA may be used to authorize the child’s continued occupancy and use of the parent’s money to pay household expenses. The rental agreement would need to include the child as a tenant.

What if the parent lives in the child’s home? The child’s estate plan would need to reflect on what terms the parent may remain in the child’s house, if the child were to become incapacitated or die unexpectedly. Consideration would also need to be given to how the parents receive care.

If the parent dies or moves into a nursing home or when the child moves out, the arrangement ends. What happens next? It depends on the situation. The parent may leave the residence to the adult care giver child. The following also to be addressed: how are expenses, including the mortgage, to be paid and is there an expressed transition period before the child moves out?

If the parent intends to leave the family home to the adult care giver, the estate planning documents need to gift the residence to the adult caregiver. This may include lifetime gifting, or it may entail renting the residence to provide income for the parent’s needs.

If there are siblings, or a spouse from a second marriage, the estate planning documents need to say whether and how other family members participate in the residence. The parents may want to gift the residence to all children, subject to an exclusive life estate for the care giver to live in the family home. When the care giver child becomes incapacitated or dies, the family home is usually sold, and the sale proceeds divided between the parent’s living descendants.

Something to be careful about: if the caregiver child is treated more favorably than siblings. While the parents are entitled to make their own decisions about how to distribute assets, a disgruntled sibling may object to how assets are distributed. An estate planning attorney will be able to formally document the parent’s wishes, and prepare the estate for any challenges.

Finally, if no advance planning is done, it is possible the parent may end up needing a guardian and conservator to care for their finances and their well-being, respectively, if they become incapacitated. This becomes an expensive situation, and the result of court-supervised administrators may not agree with how the parent wished their affairs to be handled.

Reference: Lake County Record-Bee (Feb. 4, 2023) “Estate planning for parents with caregiver children”

Scammers Try to Take Senior for a Ride

An 80-year-old woman figured out she was being scammed before going to the bank, after receiving an email from fraudsters who hired an Uber to take her there.

However, the story is a stark reminder of the extent to which thieves will go to scam the elderly, says Krebs on Security’s recent article entitled “Scammers Sent Uber to Take Elderly Lady to the Bank.”

Travis Hardaway said his mother last month replied to an email she received regarding an appliance installation from BestBuy. He said the timing of the scam email couldn’t have been worse, since his mom’s dishwasher had just died. She’d paid to have a new one delivered and installed.

“I think that’s where she got confused, because she thought the email was about her dishwasher installation,” Hardaway said.

Hardaway said his mom initiated a call to the phone number listed in the phony BestBuy email. The scammers told her she owed $160 for the installation, which seemed about right. However, they then asked her to install remote administration software on her computer, so that they could control the machine from afar and assist her in making the payment.

After she logged into her bank and savings accounts with scammers watching her screen, the fraudster on the phone claimed that instead of pulling $160 out of her account, they accidentally transferred $160,000 to her account. They said they needed her help to make sure the money was “returned.”

“They took control of her screen and said they had accidentally transferred $160,000 into her account,” Hardaway said. “The person on the phone told her he was going to lose his job over this transfer error, that he didn’t know what to do. So, they sent her some information about where to wire the money and asked her to go to the bank. However, she told them, ‘I don’t drive,’ and they told her, “No problem, we’re sending an Uber to come help you to the bank.’”

Her son was out of town when this happened. Thankfully, his mom eventually grew exasperated and gave up trying to help the scammers.

“They told her they were sending an Uber to pick her up and that it was on its way,” Hardaway said. “I don’t know if the Uber ever got there. However, my mom went over to the neighbor’s house and they saw it for what it was — a scam.”

Hardaway said he has since wiped her computer, reinstalled the operating system and changed her passwords. However, he says the incident has left his mom rattled.

“She’s really second-guessing herself now,” Hardaway said. “She’s not computer-savvy, and just moved down here from Boston during COVID to be near us, but she’s living by herself and feeling isolated and vulnerable, and stuff like this doesn’t help.”

According to the FBI, seniors are often the targets of scams because they tend to be trusting and polite. They also usually have financial savings, own a home and have good credit—all of which make them attractive to scammers.

“Additionally, seniors may be less inclined to report fraud because they don’t know how, or they may be too ashamed of having been scammed,” the FBI warned in May. “They might also be concerned that their relatives will lose confidence in their abilities to manage their own financial affairs. And when an elderly victim does report a crime, they may be unable to supply detailed information to investigators.”

Reference: Krebs on Security (Aug. 4, 2022) “Scammers Sent Uber to Take Elderly Lady to the Bank”

What’s Going on with Marvel Comics Creator Stan Lee’s Estate?

According to a court document filed recently, comic book icon Stan Lee’s estate moved to dismiss claims against Lee’s former business manager, Jerardo “Jerry” Olivarez. Terms of the deal weren’t disclosed. The settlement doesn’t include claims against Lee’s former attorney, Uvi Litvak.

The Hollywood Reporter’s recent article entitled “Stan Lee’s Estate Settles Elder Abuse Suit Against Ex-Business Manager” explains that the four-year legal saga, sparked by The Hollywood Reporter‘s investigation detailing accusations of elder abuse, centers on a fight over Lee’s estate. The battle includes his daughter, J.C., and people who allegedly manipulated her in efforts to exploit her famous father. Lee accused J.C., his only child and heir to his estate, of verbally abusing him.

J.C.’s outbursts turned physical at some points in conflicts over money, reports say.

The executive vice president and publisher of Marvel Comics, Stan Lee sued Olivarez and Litvak in 2018, calling them “unscrupulous businessmen, sycophants and opportunists” seeking to take advantage of him following the death of his wife, Joan Lee. Olivarez joined Stan’s inner circle as a consultant to J.C. and Joan’s various business endeavors before ending up with power of attorney over Lee after Joan’s death. He was given the title of “senior adviser,” handling caregiving duties for Lee.

“Jerry Olivarez and JC Lee, Stan and Joan Lee’s only daughter and Trustee of the Lee Family Trust, are happy to announce the resolution of their Court dispute,” said Olivarez’s attorney Donald Randolph in a statement. “The genesis of this dispute was the unfortunate manipulation of Stan Lee and his family undertaken by certain individuals — not named in the lawsuit — which was intended to unfairly malign Jerry Olivarez. These individuals exerted undue influence on the Lee family to accuse Jerry Olivarez of harmful acts which he did not do.”

According to the complaint, Olivarez fired Stan Lee’s banker of 26 years along with his lawyers and transferred roughly $4.6 million out of his bank account without authorization. After convincing Lee to sign a power of attorney to give him authority, Olivarez allegedly appointed his own lawyer, Livtak, as Lee’s lawyer without disclosing the conflict of interest.

Prior to his death, Lee alleged fraud, financial abuse of an elder and misappropriation of name and likeness, among other claims.

“Olivarez abused his relationship of trust with Lee and JC Lee, knowledge of Lee’s and JC Lee’s confidential business and estate planning operations, and ability to mislead Lee due to his advanced age all in a covert and intentional effort to dupe Lee into a host of schemes and financial missteps that benefited Olivarez and disenfranchised Lee,” reads the complaint.

Reference: The Hollywood Reporter (July 27, 2022) “Stan Lee’s Estate Settles Elder Abuse Suit Against Ex-Business Manager”

Can I Avoid Financial Exploitation?

AARP’s recent article entitled “The Legal Consequences of Elder Fraud Can Be Steep” reports that romance scams are on the rise. Older, lonely, or heartbroken adults are common targets. In Florida in 2020, $40.1 million was stolen from victims who were victims of a crime ring or bad actor posing as a potential suitor.

Some people lose their whole life savings in a matter of months.

Many other financial crimes are carried out by fraudsters, such as phony investment scams, phone and gift card scams, lottery scams, Medicare and Social Security scams and more.

There is no limit on how creative these criminals can be. Family, friends, and caregivers are also not immune from skimming funds for their own use.

The average amount lost per victim is $34,000. When a person is acting as a fiduciary, the number soars to $83,000. The older the victim, the greater the average amount of stolen assets.

As soon as exploitation is suspected or confirmed, action should be taken. When exploitation is suspected, take these steps to help law enforcement investigate and prosecute the criminals:

Talk to the victim, who may not be aware of the exploitation
Contact the authorities and follow their instructions
Notify financial advisers who may be able to put a freeze on accounts
Document the victim’s interactions with the suspect
Talk to all witnesses to interactions between the suspect and victim; and
Talk to an elder law attorney who can discuss your legal options regarding guardianship or conservatorship if the victim lacks capacity to handle their own affairs.

Reference: AARP (Feb. 22, 2022) “The Legal Consequences of Elder Fraud Can Be Steep”

How Do I Hire an Elder Law Attorney?

Elder law attorneys are lawyers who assist the elderly and their family members, and caregivers with legal questions and planning related to aging.

These attorneys frequently are called upon to assist with tax planning, disability planning, probate and the administration of an estate, nursing home placement, as well as a host of other legal issues, says Forbes’ recent article entitled “Hiring An Elder Law Attorney.”

In addition, there are some elder law attorneys who have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation. A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, note that an elder law attorney does not need to have the CELA certification to be an experienced elder law attorney.

There are many elder law attorneys who specialize in Medicaid planning to help protect a senior’s financial assets, if they suffer from dementia or another debilitating illness that may require long-term care. Elder law attorneys also prepare estate documents, such as a durable power of attorney for health and medical needs and a living will. As you age, the legal issues that you, your spouse, and/or your family caregivers must address can also change.

If you are a senior, then you should have durable powers of attorney for financial and health needs, in the event that you or your spouse becomes incapacitated. You might also need an elder law attorney to help you transfer assets if you or your spouse move into a nursing home to avoid spending your life savings on long-term care.

Healthy people over 65 are in the best spot to do more than having estate planning documents prepared. That’s because they have the opportunity to develop a holistic strategy beyond the legal documents. This can give assurances that the family members and professionals they’ve assembled understand the principle of supported decision-making and how it will be implemented.

For example, an elder law attorney may focus on finding the least restrictive residential environment and making other health care and financial choices. An elder law attorney can also protect seniors with diminished capacity, who are being victimized by personal and financial exploitation.

An initial consultation with an elder law attorney will help determine the types of legal services they can offer, and the fees associated with these services.

Reference: Forbes (Oct. 4, 2021) “Hiring an Elder Law Attorney”

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