Financial Elder Abuse in the 21st Century

One of the most rampant problems facing seniors today is elder abuse, both physical and financial.  Financial elder abuse is particularly insidious because the abuse usually comes at the hands of people trusted most by the victim - family members, friends, and caretakers - and it is difficult to detect.   

The fact is, a week rarely passes in which I don't hear stories of actual or suspected financial elder abuse.  Unfortunately, recovering funds once they have been taken is often a tricky proposition; more often than not, the money has already been spent or has simply disappeared.   Even if the responsible individual is convicted of criminal elder abuse and serves jail time, stolen money may still be unrecoverable.   

As a result, it's easy to see the old adage "an ounce of prevention is worth a pound of cure" is particularly true here.    Safeguards can easily be put in place in advance to protect elders from financial abuse.   These safeguards typically involve the surrender of some degree of financial control by the elderly individual, and therefore tend to be unpopular.    Nevertheless, safeguards should be carefully considered by all individuals who wish to protect themselves and their loved ones against financial elder abuse.

For those who have elderly loved ones, the following is a short list of some of the warning signs to look for to help protect your loved ones against possible financial elder abuse:

• The elderly person becomes isolated, never seems to be available by phone, is only available by phone if other individuals are also on the call, has a new "best friend", or is hesitant to meet with others without his or her caregiver.  
• Bills are not being paid.
• Property is missing or unexplained withdrawals or transfers from bank accounts occur.
• The elderly person often wants cash, even though he or she never shops alone.   
• The elderly person suffers from mental decline and is suddenly in a romantic relationship with a much younger person.
• The elderly person changes banks or attorneys.
• The elderly person makes changes to his or her estate plan at the request or insistence of a caretaker, friend, or family member.
• A caretaker, friend, or family member shows an excessive interest in the elderly person's financial affairs.
• The elderly individual is financially supporting other individuals.

While these are some warning signs to look for, the list is by no means comprehensive.  It is also not a checklist of items that, in and of themselves, indicate elder abuse.  In fact, an elderly individual may have legitimate reasons for doing any of these things.  However, these are some of the most common warning signs of financial elder abuse.  

If you see any of these things taking place in a loved one's life, you should contact Adult Protective Services (APS).  For a referral to the APS office in your area, call 1-800-510-2020.   Many counties have specialized teams that deal with financial elder abuse so you should ask the APS worker if such a team exists in your area.

If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call the local long-term care ombudsman.  To locate an ombudsman, call 1-800-231-4024.  Your report will be confidential, and you can remain anonymous.

You may also call the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse complaint hotline at 1-800-722-0432, and the local police department and county district attorney’s office.

For legal assistance related to actual or suspected financial elder abuse, give us a call at 916-714-4499 to schedule a free initial consultation.