Elder Abuse Article


Directives and Ways to Avoid Financial Exploitation

Financial Exploitation

 

Financial exploitation can take on many different forms.  It is defined in the Arizona Revised Statutes (A.R.S.  § 46-451(A)(4)) as being “the illegal or improper use of an incapacitated or vulnerable adult or his resources for another’s profit or advantage.”  Samples of abuse can include:

 

·         Forgeries

·         stolen cash or assets

·         abuse of joint accounts

·         abuse of power of attorney 

 

Financial exploitation and trickery can arise in different ways including through e-mail, phone, or letter scams. 

 

Signs of Financial Exploitation

 

Identifying financial exploitation and/or scams can be difficult. Some noticeable signs of financial exploitation include:

 

·         Showing a difference between income and assets

·         unexplained or sudden inability to pay bills

·         inaccurate or lack of knowledge about one’s finances

·         fear or anxiety when discussing finances

·         unusual transfer of assets to others. 

 

But, there are also less noticeable signs of financial exploitation, which can be:

 

·         an individual’s change in appearance and grooming

·         confusion

·         change in mood

·         change in eye contact with bank personal

·         cringing or withdrawing

 

Since the signs of financial exploitation can be confused as the signs of many different physical, mental and/or emotional changes in a vulnerable adults life, it can be very difficult to identify.

 

Methods Used to Communicate Scams

 

It is important to pay close attention to information received and the manner in which the information is communicated.  If an email, phone call, letter, prize or lottery notification has any of the following elements, it is probably a scam, seek additional help to determine whether it is actually a scam. 

 

·         If the organization has no website and cannot be located in an online search-engine or other online resource it is possibly a scam. 

·         Be cautious if an e-mail communication or requestor asks for bank account information, credit card numbers, driver's license numbers, passport numbers, your mother's maiden name or other personal information.  Often companies do not request the personal and confidential information from their clients in this manner. Rather than responding to the e-mail, check with your local bank to ask whether the e-mail is valid.

·         Be cautious if the e-mail, mail or phone caller advises that you have won a prize - but you did not enter any competition run by the prize promoters.  E-mail claims indicating that you won a lottery are scams because a legal lottery never notifies it’s winners by e-mail.   

 

Another clue that the communication received is a possible scam is when the return e-mail address is a free email account. While not always the case, most legitimate companies can afford the roughly $100 per year that it costs to acquire and maintain a domain and related company email account.    

Resources for Victims of Financial Exploitation

If you or someone you know of is a victim of financial exploitation, you can contact any of the following services:

·         Adult Protective Services (APS) Hotline at (877) SOS-ADULT (767-2385) TDD: (877) 815-8390. (A.R.S. §§ 46-451 et seq.). 

·         If you suspect that the abuse is occurring in a licensed long-term care facility, such as a nursing home, contact your local long-term care Ombudsman. To locate the Ombudsman, call (800) 872-2879. Your report will be confidential, and you can remain anonymous. (A.R.S. §§ 46-452.01, 452.02). 

·         You can also order the Senior Citizen’s Protection Manual, produced by the Arizona Attorney General’s Office. For a free copy of this guide, call (602) 542-2123 or (866) 358-6661 (outside Maricopa County) or visit the Attorney General's Office on-line.  (Go to Publications and Seniors). 

·         You may also phone your local police department if you feel that you or someone you know may be a victim of financial exploitation.

Potential Obstacles When Reporting the Financial Exploitation of another person

If you report possible elder abuse against another person, try to be specific in your description.  Also, try to understand the position of the person you are attempting to help.  The alleged victim may refuse to admit that he or she is being taken advantage of because of embarrassment, mental capacity, or fear of retaliation.  The best thing that one can do to stop scammers is to report incidences of exploitation and abuses. 

Ways to Protect Oneself From Financial Exploitation

There are ways a person can be proactive and protect him or herself from financial exploitation.  The following list has some examples:

·         Make sure that all financial and legal affairs are in order. If they aren’t, enlist professional help to get them in order, with the assistance of a trusted friend or relative if necessary.  

·         Keep in touch with family and friends and avoid becoming isolated; which increases your vulnerability to elder abuse.

·         If you are unhappy with the care you’re receiving, whether it’s in your own home or in a care facility, speak up.

·         Tell someone you trust and ask that person to report abuse, neglect, or substandard care to your state’s elder abuse helpline or long term care ombudsman, or make the call yourself.

Can Money Resulting From Financial Exploitation Be Regained

Generally, it is extremely difficult to get one’s money back after a person has been scammed.  However, federal and state laws prohibit unfair or deceptive trade acts or practices. If you think you've been cheated, immediately let the appropriate government agencies know. The more agencies you notify, the more likely someone will take notice of your complaint and act on it. 

·      To find the consumer protection office in your state, county or city, visit the federal consumer action website (of the Federal Citizen Information Center) at http://consumeraction.gov/ (click on "Where to File a Complaint" and "State Offices"). 

 

·      Another way to get relief is to bring a lawsuit against the person in small claims court and/or file charges against the individual.

By taking the actions above we can prevent financial exploitation from becoming simply a matter of fact and protect one of our more valuable assets, the elderly members of our society.

http://www.consumerreports.org/cro/money/consumer-protection/preventing-financial-elder-abuse/overview/

http://www.azag.gov/seniors/FinancialExploitationoftheElderly.pdf

http://www.consumerfraudreporting.org/identify.php

http://www.azag.gov/seniors/elder_abuse.html

http://www.lawforseniors.org/articles_info.cfm?articleid=125&mc=8&sc=85



Comments:

QUESTIONS

  • Lived at Board and Care in Dolan Springs. The owner took my monthly check and deposited it in an account without my knowledge and she would not give me any information about what bank this account was in nor the number to the account. When I left her board and care in July she told my hospice RN that she would be closing this account. I have no way to find out if the account existed and if it did has she closed it by now.
  • The saleperson whom sold my home lied to me and the costs were nothing I would agree to. I own my home outright and made it clear what I wanted and what I would pay. I was reasdured and the resltor would not clarifiy it in writing. Sure enough exactly what I predicted, she did and at first casuing me to lose 5000 below what I would ever agree to. Now she claims she will give up her commission but she has been so j trustworthy , I am afraid she will steal my home or rip me off. I am devastatedshe would do this and am afraid to go to closing for more aggravtion and stress..
  • "I rent an apartment in a central air conditoned house but when the homeowners go on vacation they shut it off." Can they?
  • My father has a 15 year old daughter that abuses my dad she hits him, kicks him yells and threatens him. I live in OR and am not sure how to handle this problem.Who can I call?
  • I have fallen victim to someone who has taken most of my money and who has promised to pay me back so I can have monthly income. He will not and I think he is leaving the state. I cannot afford food even and I can't afford a lawyer. Is there a DA I can talk to or some organization that can help me?
  • What is an Order of Protection?
  • MY MOM LIVES IN TOPOCK AZ AND HAS NOW HAD 2 SURGERIES IN 2 SEPERATE HOSPITALS BOTH SURGERIES HAVING HER RIGHT LEG AMPUTATED MORE AND MORE AND BOTH TIMES THEY HAD CUT HER BONE CROOKED IT TOOK THEM WELL OVER 2 YEARS TO EVEN FINALLY TELL HER IT WAS GANGRENE . FOR 2 YEARS THEY KEPT SENDING HER HOME WITH ANTIBOTICS AND PAIN MEDS. CAN SOMEONE ANYONE PLZ HELP ME WITH THIS . THE HOSPITAL LOST HER FALSE TEETH AND HER PRESCRIPTION GLASSES AS WELL DURING FIRST SURGERY I AM LOW INCOME AND LIVE FEW HOURS FROM HER SHE IS ALONE AND THE SMALL TOWN OF TOPOCK IS NO WHERE FOR HER TO BE ALONE AND DEALING WITH ALL THIS AT. PLZ HELP ME HELP HER .....
  • My niece used her grandfather's SSN and DOB and baby's SSN and DOB to obtain loans from a payday loan place online. She did not repay the loans and they went to collections. The collection agency called her grandfather to collect. In order for the debt to be deleted from her grandfather, he had to file a police report. What is the possibility of my niece being charged with identity theft and or fraud? What would the possible sentence be?
  • Someone stole my Social Security card & I even know who it was . They flat out refuse to return it to me ,even after several polite requests to do so . I am having a very hard time finding anyone ,I.E.such as attorney to assist me with this matter.
  • My friend's son says he has a POA and took $20,000 from her. Where can she get a new POA signed and notarized to give POA to me so I can protect her?

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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