I'm reading a very useful book called, Fleecing Grandma & Grandpa: Protecting against Scams, Cons, and Frauds, by Betty L. Alt and Sandra K Wells. The book provides lots of useful advice about protecting seniors from the many scams that target them. With the expanding senior population of the US, the number of seniors affected by scams and fraud will undoubtedly grow.
One scam described by the book is the Romance Scam in which a senior meets a younger companion who seems interested in a relationship. The younger companion asks for monetary support in various forms and in some cases will make off with hundreds of thousands of dollars before leaving to look for another mark.
One case described in Fleecing Grandma & Grandpa involved a 69 year old widow who answered a "seeking friends" ad in the local newspaper. She got a response from Brad, who was her age and lived in a neighboring state. After several months of correspondence, Brad came for a visit and a visit of several weeks was extended for five months. The widow paid for all of Brad's expenses and was given various excuses for his inability to pay his own way. Finally his host confronted him and then threw him out. She found out later that he was actually only 56 and made his living by writing to older women who answered his lonely hearts ads.
The book also described another romance scam where a 73-year-old man was approached by a 25 year-old-woman in a fast food restaurant. The relationship developed and the man eventually gave her $100,000 from his bank account and a $36,000 pickup truck. He also tried to buy a $65,000 Corvette for her, but the auto salesman became suspicious and notified the police. The woman was eventually arrested and pled guilty to abetting a swindle. It wasn't over yet though because the man posted bail for his young friend, and she skipped bail and left the area. He finally admitted she was "no good."
These scams can be prevented or at least mitigated if friends and family members step in when they see potentially predatory relationships developing. It's not easy to tell someone that a new romantic partner is in the relationship for profit, but doing so might prevent at least some of these romance scams.
Elder Champions
Information promoting eldercare and the welfare of older Americans and their families
Saturday, July 31, 2010
Sunday, June 13, 2010
Financial Exploitation of the Elderly
I've recently finished reading this excellent book describing how the elderly become victims of financial abuse. The author, Joe Roubicek, was a detective in the Fort Lauderdale Police Department for many years, and he investigated over 1000 cases of exploitation of the elderly during that period on the police force. The book describes some of the cases he investigated and discusses the shortcomings of state laws protecting the elderly from financial abuse.
Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer's memory deficits to ask for grocery money five times in a single day. Fraud occurs when a "false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns." Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.
Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes. Many of the cases described in the book involve victims who lived alone and were stripped of their assets by contractors, care givers, and others. It was often difficult for the police to prove that the victim lacked mental capacity at the time of the asset transfers, which is a crucial element of a conviction for exploitation. At the same time, the police could not make a case for fraud because the assets were typically "gifted" to the recipient, and there was no provable deception. This gray area gives a huge advantage to elder abusers who gain the trust of mentally and physically feeble victims and then strip them of their assets.
This situation reinforces the importance of having friends or relatives monitoring the mental as well as the physical condition of the elderly. It's also a call to action to plan for possible mental infirmity by setting up durable powers of attorney to designate trusted people to manage your financial affairs if you do become incompetent.
One of the very interesting sections was Myths about elder financial abuse. They are:
Financial Abuse of the Elderly is written in the same straightforward style that Detective Roubicek probably used in his police reports and court testimony. There are some grammatical mistakes, but they don't detract from this very interesting and timely book. If you have elderly parents, relatives, or friends, I recommend that you read this book, and then use this information to help your elderly loved ones protect themselves from financial abusers.
Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer's memory deficits to ask for grocery money five times in a single day. Fraud occurs when a "false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns." Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.
Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes. Many of the cases described in the book involve victims who lived alone and were stripped of their assets by contractors, care givers, and others. It was often difficult for the police to prove that the victim lacked mental capacity at the time of the asset transfers, which is a crucial element of a conviction for exploitation. At the same time, the police could not make a case for fraud because the assets were typically "gifted" to the recipient, and there was no provable deception. This gray area gives a huge advantage to elder abusers who gain the trust of mentally and physically feeble victims and then strip them of their assets.
This situation reinforces the importance of having friends or relatives monitoring the mental as well as the physical condition of the elderly. It's also a call to action to plan for possible mental infirmity by setting up durable powers of attorney to designate trusted people to manage your financial affairs if you do become incompetent.
One of the very interesting sections was Myths about elder financial abuse. They are:
- Exploiters usually have criminal records. Roubicek found that the majority of the suspects he investigated did not have criminal records and that many had reputable backgrounds. One was even a Catholic priest and another was a court-appointed guardian. However, most of these abusers had financial troubles and viewed their elderly victims as the solutions to their money troubles. This also means that having a criminal background check performed on an in-home caregiver might not dramatically reduce the risk of financial abuse.
- The greater the victim's income level, the greater the risk of exploitation. Roubicek found that all income levels were represented in the cases he worked. Some of the amounts stolen were as little at $50 and other amounts were over $1M.
- Elderly persons with mental disabilities process information slower but their experience and wisdom offset this mental processing issue. Roubicek says that elderly people who have short-term memory loss or other mental infirmities lack the capacity to understand financial issues and lack the capacity to give consent to financial transactions. Wisdom and experience does not help the folks afflicted with memory deficits.
Financial Abuse of the Elderly is written in the same straightforward style that Detective Roubicek probably used in his police reports and court testimony. There are some grammatical mistakes, but they don't detract from this very interesting and timely book. If you have elderly parents, relatives, or friends, I recommend that you read this book, and then use this information to help your elderly loved ones protect themselves from financial abusers.
Tuesday, June 8, 2010
Preventing Financial Fraud for Seniors
The May edition of the AARP Bulletin announced that the New York City Department for Aging has just launched an interactive game called, "It's My Money," to teach older adults to protect themselves from financial fraud. The game is available in English, Spanish, Chinese, and Russian, and it's available for free download from the Department for Aging's website -- www.nyc.gov/aging.
Just scroll down the web page until you see the article titled, "City Launches It's My Money," and then click the link to "download the free game."
Just scroll down the web page until you see the article titled, "City Launches It's My Money," and then click the link to "download the free game."
Monday, June 7, 2010
Online Safety for Elders
Photo by David Lat
In April, I spent a few days visiting with my mother. My mother has been using a computer and the Internet for at least ten years so I'd always assumed that she was reasonably safe online. She got my attention though when she mentioned that someone had sent her an email to tell her that her computer had a "bug" and that she could fix it by just clicking a link in the email. She did click the link as instructed, and nothing happened. I immediately turned on her Mac and checked it. It seemed to operate normally -- I think the fact that it is a Mac protected it from an infection.
I spent some time talking to my mother about how hackers might send malicious emails like the "bug" email hoping to either infect her computer with a virus or take control of her computer as part of a bot net. I also talked about how phishing works with emails that appear to be from legitimate companies that direct the unsuspecting to phony websites. It was hard to have the conversation and describe the various dangers on the Internet without scaring her so much that she'd refuse to return to the Web, but I hope I succeeded. I suspect that this conversation is one that happens too rarely with seniors who remain active on the Internet without much knowledge of online threats to security and privacy.
I recently received a bogus email that looked like it was from Chase and referenced the actual last four digits of my Chase credit card number while directing me to a "Chase" website. Because the listed Chase web address was different from the address I usually use to access my account, I was suspicious and called Chase. The Chase telephone representative listened to my story and confirmed my suspicion that the email was bogus. I thought again of my mother, and I was certain that if she'd gotten this very convincing email, she might have clicked on the link to the bogus website and entered her account information.
If you have elderly friends or relatives who are active online, they would probably appreciate being warned of the security and privacy dangers associated with the Web. This is a list of the items I discussed with my mother -- hopefully the list can be a starting point for your discussions.
- If you don't recognize the sender of an email, don't open it.
- If someone you know sends you an email asking for money, don't respond. I've received several emails purportedly from people I know from Linkedin and Facbook, and these emails describe a crisis like being in London without any money and request that I send emergency funds. I don't know these folks well enough receive a request for help like that. But I told my mother the story and hopefully impressed on her to avoid sending money in response to any online requests for help.
- If a pop up message appears warning of a virus and asks Mom to click a link to remove the virus, don't do it.
- Don't order items online with a credit card. Other seniors might do this with appropriate caution, but my mother has shopped online and now may not be the time to start.
- Don't send information like credit card numbers, social security numbers, and account user names and passwords in an email to anyone ever.
Sunday, June 6, 2010
Some HIPAA Questions Answered for Elder Care
The U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of individually identifiable health information, sets security standards for that information when maintained on computers, and protect individually identifiable health information being used to improve patient safety. HIPAA is administered by the U.S. Department of Health and Human Services and it's enforced by that Department's Office of Civil Rights.
Unfortunately, HIPAA may also be used as a pretext by medical and nursing home staff to avoid disclosing health information to the friends and relatives of the elderly. Before that happens to you, take a look at the Department of Health and Human Services website to better understand your rights and the rights of your elderly friends and relatives. Here are some of the highlights of the website's frequently-asked-questions section.
Unfortunately, HIPAA may also be used as a pretext by medical and nursing home staff to avoid disclosing health information to the friends and relatives of the elderly. Before that happens to you, take a look at the Department of Health and Human Services website to better understand your rights and the rights of your elderly friends and relatives. Here are some of the highlights of the website's frequently-asked-questions section.
- Does the HIPAA Privacy Rule allow hospitals and other health care facilities inform visitors or callers about a patient's location in a facility and general condition? Yes! Hospitals and health care providers can use a facility directory to inform callers and visitors certain information about the patient – name, location in the facility, and health condition expressed in general terms that does not communicate specific medical information about the individual. Health care facilities may also include religious preference information in the directory for disclosure to members of the clergy. The patient must be informed of the information to be included in the directory and may elect to restrict disclosure, orally or in writing. If the patient is in emergency treatment or is incapacitated, the health care provider may still disclose this information if it's deemed to be in the best interest of the patient. In these cases, when practicable the patient should be informed of his or her right to restrict the disclosure of directory information.
- If a patient’s family member, friend, or other person involved in the patient’s care or payment for care calls a health care provider to ask about the patient’s condition, does HIPAA require the health care provider to obtain proof of who the person is before speaking with them? No. If the caller states that he or she is a family member or friend of the patient, or is involved in the patient’s care or payment for care, then HIPAA doesn’t require proof of identity. However, a health care provider may establish his or her own rules for verifying who is on the phone. In addition, when someone other than a friend or family member is involved, the health care provider must be reasonably sure that the patient asked the person to be involved in his or her care or payment for care. The right to decide about restricting information disclosure ultimately rests with the patient.
- Can I have another person pick up my prescription drugs, medical supplies, or X-rays? Yes. HIPAA allows health care providers (such as pharmacists) to give prescription drugs, medical supplies, X-rays, and other health care items to a family member, friend, or other person you send to pick them up. The health care provider may have its own rules, but HIPAA would not prevent a friend or family member from picking up a prescription.
Thursday, June 3, 2010
Thinking About Parents Moving In With You?
Photo by Jorc Navarro
I recently read an excellent article by Nanette Lavoie-Vaughan titled, "Role Reversal -- Your Parents Moving In," on the Military Officers Association of America website. The article discusses parents moving in with adult children, and provides a great list of considerations for anyone contemplating this move. Here are some of them:
- Evaluate the level of care and assistance your parents will need and how this would be provided in your home.
- Assess the activities of daily living that your parents can perform independently.
- Determine how comfortable you are with providing personal hygiene care -- bathing, help with the bathroom, diapers, etc. -- it that level of care is necessary.
- Be honest about your health and physical condition in considering whether you can provide care.
- Research the availability and cost of services like in-home care and adult day care.
- Discuss a backup plan if you or your parents find that the situation doesn't work.
- Determine the level of medical care needed by your parents and its availability in your community.
- Discuss the relocation with siblings and other family members to determine their feelings about the change.
- Talk about how the relocation might affect your parents' social lives. My mother has a friend who moved in with her son and his wife after her husband passed away. This friend and her husband had maintained an active social life while living in an apartment community close to the downtown area of a small Virginia city. Now, she's located in a rural area miles from downtown with no way to visit friends or take advantage of the many activities available to senior residents of this very senior-friendly community. Her son's house is located at the top of a small mountain with a narrow and winding road as the only means of access. My mother's friend feels isolated and alone.
- Consider how might your career plans affect the arrangement. A career-mandated move across country with a live-in parent would be a difficult and unwelcome challenge to someone already facing health issues.
- Do you or your parents have pets? Are your pets compatible with your parents and are their pets compatible with you? This might seem like an easy issue to solve, but it's not. For many of us, our pets are very close to children and putting them down or sending them to a shelter and an uncertain fate are gut-wrenching decisions.
Wednesday, June 2, 2010
Signs of Poor In-Home Caregivers
I've been reading a wonderful book which is full of excellent advice on topics related to eldercare. The book by Robert F. Bornstein and Mary A. Languirand, Ph.D. is titled, When Someone You Love Needs Nursing Homes, Assisted Living, or In-Home Care. It provides general guidance for those involved in eldercare or making eldercare decisions and includes hints for responding well and wisely to the many emotionally and physically stressful issues associated with eldercare. The book also contains useful checklists for managing eldercare arrangements and lists websites, addresses, and phone numbers for researching eldercare options.
One very useful list contains warning signs that in-home caregivers may not be honest or competent or both. Here's the list:
One very useful list contains warning signs that in-home caregivers may not be honest or competent or both. Here's the list:
- When you phone to check on your loved-one, the phone is unanswered or you get busy signals.
- The television or radio remains on throughout the day.
- The caregiver has a pattern of late arrivals, early departures, or absences during the work shift.
- Health care equipment including needles and syringes are just thrown in the trash and are handled as medical waste.
- The cleanliness of the home is deteriorating.
- You find evidence of illegal drug or alcohol use.
- The caregiver allows friends into the home or brings friends or children to work.
- Frequent complaints from the care receiver or a deterioration in the care receiver's mood or even fear of the care giver.
- Reports from neighbors or visitors that something is wrong.
- Signs that abuse, neglect or exploitation are taking place.
When you have suspicions that something is wrong, the authors advise that you document the problem, terminate the service and begin looking for a replacement service, and report the problem to the in-home care provider and any local accreditation or certification agencies.
Much of the checklist applies when you check the care your loved one is receiving in a nursing home. I recently reviewed the Medicare inspection reports for local nursing homes and two of these facilities were recently cited for hiring employees with histories documenting patient abuse. Needless to say, you'd also want to look for signs that something is wrong whenever you visit a loved one in a nursing home.
Subscribe to:
Posts (Atom)