Combating Elder Financial Abuse


Posted on 11 October 2011

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By Norine Boehmer, CLPF, and Lori Hefner, CLPF

Elder financial abuse is the wrongful taking of money or property and is costing seniors nearly $3 billion a year according to a recent study. This problem is on the rise, striking one in four seniors in the U.S. Sadly, seniors are typically being taken advantage of by someone close to them such as a neighbor, family member, or caregiver.

Unscrupulous caregivers have come up with ingenious ways to take advantage of unsuspecting seniors. Most recently, a caregiver would play a game with her ward, Donna LeBoeuf, who suffers from early stage dementia. She’d have her scribble her signature on pieces of paper. What she didn’t know was that by playing this “game,” she ended up signing away control of her finances and medical decisions…all to someone to whom she thought was looking out for her best interest.

Scenarios like this one are all too familiar, and with the senior population expected to double by 2030, that situation could get worse…much worse. Luckily for LeBoeuf, some key individuals got involved to ensure she was no longer being victimized. This case was exposed when three California Licensed Professional Fiduciaries stepped in to investigate. My co-writer, Lori Hefner, in partnership with the late Kathaleen Radke, discovered the wrong doing and wrote a complaint to several agencies on behalf of five victims. Following the complaint, Professional Fiduciary David Hanks was brought in on two of the cases and he provided the forensic accounting that detailed the extent of the thefts. Today, the caregiver involved in the cases has been charged with four felonies and one misdemeanor count of financial elder abuse and is currently awaiting trial.

While LeBoeuf was saved from financial ruin, many seniors aren’t so lucky. Unfortunately, many seniors give Powers of Attorney to individuals they do not know and who are not licensed.

The key to stopping elder financial abuse is to be an advocate for your loved ones. Understand who you are working with and make sure they are licensed. Professional Fiduciaries play a unique and vital role in today’s society – serving everyone from those who can no longer care for themselves, to independent, productive people who need assistance making sound financial, health care and day-to-day decisions. Fiduciaries serve as a bridge between a client and his/her family, health care providers, caregivers, and attorneys, while protecting both physical and financial interests.

To better protect oneself or a loved one, there are important questions that should be asked before signing over Powers of Attorney or hiring a fiduciary when you need help making day to day decisions. Questions such as:

•  Are you licensed in the State of California? If so, please provide a copy of your current license

•  How long have you been practicing, and what is your background and expertise in the field?

•  What is your specialty?

•  What is the amount of assets under your control?

•  Can you provide me with a resume and references?

The Professional Fiduciary Association of California (PFAC) is working hard to protect seniors and other vulnerable individuals against financial elder abuse. PFAC was a key player in the original passage of the 2006 Professional Fiduciaries Act, which established the Professional Fiduciaries Bureau (PFB), a license and disciplinary body that oversees abuses and regulates the profession.

Consumers can learn more information about the profession, including what to look for when choosing a fiduciary, a referral list of PFAC members, code of ethics, complaint forms and licensure in California, by visiting www.pfac-pro.org. For additional licensing information, visit the Professional Fiduciaries Bureau website, at www.fiduciary.ca.gov.

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Norine Boehmer is the President of the Professional Fiduciary Association of California, who practices in Los Angeles, CA and Lori Hefner is a licensed fiduciary from Pleasant Hill, CA.

The article states "...wrote a complaint to several agencies on behalf of five victims..." My experience is California agencies don't give a damn. Does it take five victims of the same situation to get the agencies attention? Are there any agencies that take an isolated case of elder abuse seriously? My "mother-in-law" was removed from her home' completely isolated from family, friends, & even clergy; had her entire estate transferred in a single day; denied medical treatment; forced to sleep on a mattress in direct contact with the carpet; falsely qualified for hospice and a hand full of other issues. Even Senator Simitian's office writes "Various public agencies continue to investigate Linda's complaints, and they continue to find no indication of elder abuse."

These agencies include: local law enforcement, internal affairs, County Sheriff, District Attorney, Adult Protective Services, Long-term Care Ombudsman, Community Care Licensing, CA Dept of Justice Bureau of Medical Fraud and Elder Abuse Prevention, CA Attorney General, FBI, Medicare Fraud, elected officials at the local, county and state level.

Does any California authority care that our elders are busted out of their home, locked away in complete isolation, denied medical treatment, striped of their estate, and treated inhumanely on a daily basis or our they more interested in turning the other way so that they can continue their coffee break?

http://www.elderangels.com/

Does any California authority care that our elders are busted out of their home, locked away in complete isolation, denied medical treatment, striped of their estate, and treated inhumanely on a daily basis? Well, they don't, in the sense that "they" won't take action on their own, and even may discourage action by family. Prosecuting elder abuse is an uphill struggle, and there are other demands on resources - or so they say. Also, its possible that some of "them" are in on it.

http://www.marchankin.com/legislative_projects

http://www.youtube.com/watch?v=4I-boO03aek&noredirect=1

/AccesstoJusticefortheElderly/DailyJournalArticleReRetiredProbateJudgeInvokingFifthAmendment.htm

http://portland.indymedia.org/en/2006/12/350953.shtml

The best defense is an honest, caring and competent family with the resources to hire a good lawyer.

Also, see: http://www.elderangels.com/

Unfortunately, the real unrecognized epidemic of financial elder abuse is being committed legally by giant insurance companies. They sell huge numbers of unsuitable annuities to the elderly using unethical sales tactics. Effectively, they lock up an elderly person's life savings and make profits from it while paying a pittance in earnings. Then, when the policy holder dies, the insurance company offers a fraction of the annuities' worth to the inheritors as a lump sum and attempts to keep a large portion for themselves. Immoral, unethical and completely legal.