The Senior Safe Act allows you to hold transactions when you suspect financial abuse of a client. The Act is designed, at least in theory, to allow time for the trusted contacts you have on file to take appropriate action. Many of those victimized by predators or manipulated by unscrupulous family have dementia and have lost their judgment about what makes sense financially. The Act urges you to get trusted contacts and provides that you are not breaking privacy rules to contact them in the reasonable belief that your client is being financially abused. The length of time you can hold a requested transaction can be as long as a month. This is where the Senior Safe Act has missed the mark.
Let’s look at the reality of impaired elders who are in charge of their wealth on the family trust. The trust is in order, and if the elder recognizes that he or she is experiencing decline in mental ability, that trustee may choose to resign. Simple. But that is not what happens in too many cases. For many persons who have cognitive decline and dementia, the elder does not recognize that he is impaired at all. “I feel fine!” he tells his worried family. When asked to resign as trustee, having total control over (theoretically) millions of dollars in a trust, the elder flatly and stubbornly refuses. Meanwhile, financial abuse by predatory people can continue unabated.
When an older person experiences cognitive decline, it typically has a very slow onset. Short-term memory loss does not raise enough red flags for those closest to the elder to take any action. “She’s just getting old” they say dismissively. But memory loss is often the first and earliest warning sign of Alzheimer’s disease, the most common form of dementia. The odds of having Alzheimer’s disease by age 85 are at least one in three. Think about your own older clients. Some live well beyond age 85. The risk of dementia rises with age. Short-term memory loss interfering with daily life is not a normal part of aging. Financial abuse and cognitive impairment often go together.
When financial abuse reaches a visible level, the advisor may do what the law allows and call the trusted contact person, usually an adult child. The advisor hopes that the call will somehow trigger something and the abuse will be stopped. But here is a reality check: The family can’t accomplish anything needed in two weeks or even a month if you hold transactions then. Here is a real case example of just such a situation, showing how long it really did take.
In our work with a family at AgingParents.com we saw rampant financial abuse of an elder by a family member. The elder had dementia but had not been formally diagnosed by his doctor. Over 70% of his income was going to the predator. He was asked to resign as trustee by his two adult children, who were reasonably worried that he was going to give away all his cash and further encumber his home. The dad, whom we’ll call Gene, had been developing dementia for at least two years. He felt obligated to the predator and was totally powerless in resisting her demands for money. He just kept writing checks, draining his own resources. It was clearly a case of financial manipulation.
We were involved in working to persuade Gene to allow what his family trust provided: to have his daughter, Jennie, become the successor trustee. He agreed, then reneged. He accepted the logic and then refused to accept it. The kids had no choice but to use the law to take over control. Their father was too stubborn to resign as trustee when asked, even with the entire family presenting a united front, asking and respectfully begging.
The trust, like many such documents provided that Gene could be removed as trustee by his appointed successor, his daughter, after two physicians had declared him to be incapacitated for handling his own finances. A court decision was not required. However, getting him to two doctors willing to assess him and put their observations in writing was a challenge that took months to accomplish. The total time spent getting the change of trustees accomplished according to the terms of Gene’s trust was eight months.
His children were the trusted contacts in the advisor’s file. They knew about the abuse and were in agreement with the advisor that Gene had to stop being the trustee. The adult children had to hire consultants (AgingParents.com), have meetings, hire an attorney, and try various methods to get the job done. Their time energy and thousands of dollars were expended to prevent an even worse outcome, which was being left to support their aging father if he were to totally deplete his own funds.
The takeaways:
Though well intended, we do not expect that the Senior Safe Act will do much to stop financial abuse because of the short time allowed for a financial professional to hold transactions. In Gene’s case, the predator would have been happy to wait a mere two weeks or a month before resuming the financial manipulation of Gene.
Know that any older impaired client may not understand that he or she is cognitively impaired and will ignore pleas to resign as trustee with total control over any family trust.
If you see that an older client is showing signs of cognitive decline, do not wait until it gets worse. Reach out at the time of your first suspicions of trouble. The family or other trusted persons may well have a better opportunity to persuade an elder to transfer power over finances to the appointed successor before complete loss of capacity. Expect this to take time.
In the case described above as a result of ongoing financial abuse, nearly all of Gene’s cash was depleted during the eight months of effort on the part of his adult children to have him removed. The advisor did the right thing but too much of Gene’s cash was depleted in the period when the abuser could keep manipulating him for those months of effort by family to have him removed as trustee.
If you are seeing abuse and feel lost about how to stop it, contact us at AgingInvestor.com for a confidential consultation with our nurse-lawyer, geriatric psychologist team so you can do everything possible to protect your vulnerable client.
Scammers targeting your aging clients are getting smarter about how to fool them. Thieves can use spoofing computer software to trick the recipient of a call by showing a “real” number on caller ID. Pretend caller ID isn’t new but using it to target seniors on Social Security is a cruel tactic used to intimidate seniors. Here’s how it works. The evil caller has your older client’s telephone number and knows him to be at least of Social Security age. When the call comes in, it shows on the ID that yes, it’s Social Security. The caller immediately tells the elder in an authoritative voice that her Social Security number has been blocked. Of course this draws the expected reaction from most people–fear. They are not going to question what it means to have the SS number “blocked” or if that is even possible. (It isn’t.)
The caller says it is urgent and that in order to “reactivate” the SS number, the elder must act immediately, or their Social Security benefits will be affected. As your senior clients had paid into Social Security since its inception they don’t want to lose it. The scammer convincingly fakes concern and wants to “help”. All your aging client has to do is pay a fee and the number will be unblocked, they’re told. Many elders have heard of identity theft and believe that this person is going to help them prevent unauthorized use of their SS number, because that is what they hear on the call. Of course the caller then needs to “verify” the number and your client complies and recites the number. Instantly the number can be put into use any number of ways identify thieves have devised. And worse yet the elder pays them the “fee”.
Even if you believe with all your heart that YOUR aging loved is not dumb one and won’t fall for any of this, do not be so sure. Anyone can be caught off guard. Scammers are very clever at using fear and other strong emotions to manipulate unsuspecting aging parents to give up information without thinking about whether the request for it makes sense. You want to warn them. You want to remind them that they are never to give out any personal information like a SS number to a person they did not call themselves. Everyone’s Social Security numbers are potentially floating around in cyberspace enough as it is, without handing them to a telephone stranger who is lying to get them to pay money. You can warn your aging parents that the Social Security Administration will never ever call and ask anyone to verify the SS number. You can remind them that even if the caller ID shows something that looks real, it can be fake because spoofing software can show anything the scammers want it to show.
Millions of elders are approached regularly by this telephone scam and many others. My own mother in law, now passed, was very smart at fending off such phony calls and smelling a scam. But by age 95, that scam sensor she used to have seemed to fade. One day a man called her landline and said he was from Medicare. He just wanted to “confirm her Medicare number”. She had an active Medicare claim going on at the time, and we were helping her address the details. Because she had that claim, she fell for the trick. She gave the caller her full name, address, date of birth, mother’s maiden name, and her Social Security number. Fortunately we found out within a day and were able to jump into action to change all her accounts and credit cards. It took four months to straighten out the mess. The scammers got nothing. We got a lot of work, and had to take her to her banks and financial institutions in person to change everything. She felt bad because she was supposed to know better. Yes, but she forgot. We were lucky to find out before anything worse happened.
The takeaway here is that financial advisors are in a unique position of trust with your clients and they are likely to read a friendly letter from you, just giving them a heads-up about the latest scam. We urge you to create an old fashioned series of letters warning them about scams, about things happening in your industry that affect them, such as the Senior Safe Act and just staying in contact. When they hear from you in a friendly way, it reminds them of why they like and trust you. You’re more likely to retain them that way.
No time to write? Let us help at Aging Investor.com. We have free, pre-made client education material created just for seniors. You can simply download and send them out at intervals to all your retirement-aged clients. To access these items, ebooks and checklist, go to the Books and EBooks menu on our home page and find Resources for Clients. It can only make you look good to your investors!
Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com
Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.
Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.
You may have heard of the fake calls from thieves pretending to be from the IRS. It can be a threatening robocall. Or it can be a male with an aggressive manner telling the recipient of the call that they will be arrested for owing back taxes if they don’t pay immediately. These criminals carefully select older people and anyone they consider vulnerable to their fake pressure. Your aging clients could be a target and scammers want to terrify them.
How do they get the names of our aging parents? They buy them. Information is for sale, from lottery entry forms, contests, magazine subscriptions and from hacking whatever can be hacked. Identity information can even be purchased on the black market. “Information brokers” have been around for decades and so have these telephone scams. Supposedly, the entities that sell the names don’t care what the buyer does with them. There are likely millions of names and telephone numbers available to the scammers, given the nationwide nature of their ripoff efforts. Apparently, names and numbers are very easy for them to get.
Here’s how it works: The caller catches the unsuspecting older person off guard. The call is official sounding: “This is Officer James with the Internal Revenue Service and I am calling about an urgent matter! Do not hang up!” Sometimes they are even able to secure a fake caller ID that says “IRS” or looks like a legitimate government entity to those with caller ID. There were also reported cases when they used the name and email address of a CFPB employee.
They then tell the stunned elder that they or their spouse has an overdue debt to the IRS and if it is not paid immediately they will be arrested. Of course, they want the elder to use a wire transfer or a prepaid debit card so the thief can’t be traced. The frightened person will hurriedly comply and realize only later that it was a scam. In the moment of reacting to the threat, they are not thinking clearly. They are moved by fear–just what the thief was hoping for.
No matter how many public service announcements are sent out, and no matter how many Federal Trade Commission, AARP or National Center on Elder Abuse warnings are posted, the scam is still working. We at AgingParents.com think the best way to keep our aging loved ones financially safer is to personally warn them yourself about these scams. They will probably listen to family more readily than they would seek information from the internet or official sources trying to spread the word. Of course, the IRS will never, under any circumstances call someone and demand payment of a debt. Their official communications about taxes are by snail mail.
If these evil scammers were not successful, they would stop doing this. But sadly, it works and they are relentless. My neighbors, many elders, have reported that they have gotten these calls this week. Beware. Please take the time to alert your loved ones to this problem. And don’t think your mentally alert aging loved one is too smart to fall for this. No one is immune from being shocked and intimidated by a sudden call. It can happen to anyone.
We at AgingInvestor.com think the best way to keep your older clients financially safer is to personally warn them yourself about these scams. They will probably listen to family more readily than they would seek information from the internet or official sources trying to spread the word. Of course, the IRS would never, under any circumstances call someone and demand payment of a debt. Their official communications about taxes are by snail mail and that is not likely to change anytime soon.
If these evil scammers were not successful, they would stop doing this. But sadly, it works and they are relentless. My own neighbors, many elders, have reported that they have gotten these calls this week. Beware. Please take the time to alert your clients to this problem. And don’t think your ever so sharp client is too smart to fall for this. No one is immune from being shocked and intimidated by a sudden call. It can happen to anyone.
If you want to send a friendly letter to your clients about this scam and don’t have time to put it together, we make it easy for you. Just go to this link and download a free pre-made letterto send out.
Revise it with your name or firm name and you’ll look good by showing that you do care about their financial safety. You’ll never regret doing your part to thwart thieves and prevent financial elder abuse.
Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com
Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.
Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.
What To Watch For: Aging Clients and The Sweetheart Scam
If it didn’t happen so often, there would be no need to warn your single, widowed clients about it. But every day, someone gets taken in by a “special someone” who appears to have only your client’s interests at heart. The special someone is a scam artist who knows just how to get an unsuspecting lonely man or woman into the web of deception. And then they finagle money out of your client and run.
Some of these scammers are skillful repeat offenders. Some just see an opportunity and proceed to milk it for all it’s worth. Take the case of Tommy, whose wife was ill with cancer. He used to take his clothes to the local dry cleaner every week and he got friendly with the woman who ran the business. She loved to chat and gossip and he was lonely with his caregiving, cooped up with the daily chores he had to do for his ailing wife. Norma, the dry cleaner heard all about it.
Just after his wife passed, Tommy got a visit from Norma. She was so consoling and comforting. He felt like he had a real friend. She had heard about his wife’s illness for over a year and was ever so sympathetic. She also knew he had money. Within a month she had moved in with Tommy.
Over the next six months of giving Tommy her undivided attention, she managed to persuade him to give her “loans” of over $300K. She promised to stay with him forever. He loved the flattery and feeling special. No sooner had Norma gotten the last of what she could easily take, she promptly sold the dry cleaning business and disappeared. This is not such an unusual story.
Here’s what every financial professional needs to know about the Sweetheart Scam. Professional predators comb the obituaries for stories about the beloved widow or widower left behind. They look for those who have been with a deceased who was a business leader, a banker, a financially successful person. They choose the ones who may be likely targets, the survivors who have means. They scope out how to meet them and seize the opportunity to take advantage of loneliness. They will stop at nothing to get in the door. And sooner or later they always need “a temporary loan” or a little help to get out of an unfortunate jam. If it works, they up the ante. This can go on until they have bankrupted a widow or widower. It will at least drain available cash if no one is watching.
That’s where you come in, the financial professional with the ability to notice when unusual withdrawals are coming out of your client’s account. Once the scammer has gotten control over your client’s emotions, it may be too late to stop the scam. Your client is “in love” or at least addicted to the showered on attention. She won’t believe your warning then. The heads-up must come early, before an opportunist has a chance to cast a spell.
Here’s the takeaway: any recently widowed client in your book is a potential target. Do these things:
Gently raise the subject of being careful of any stranger he/she meets soon after the loss of a spouse. Warn with empathy and facts.
If your client claims he’s met a “special someone” do some digging. Google the person he names. Ask a few probing questions. See what your client may not be able to see. Share the data you glean with your client.
Be sure you have contact information for a family member or trusted friend of your client whom you can call if you see something suspicious. Call them if you think your client is in danger, particularly if your client doesn’t want to hear your warning.
That protective posture you take on can save your client from disaster.
Financial elder abuse takes many forms besides the Sweetheart Scam. It is called “the crime of the century”, it is so prevalent. With the right know-how, you can stop it and keep your clients safer. Take a deeper dive into this subject in a book written just for you, Succeed With Senior Clients: A Financial Advisor’s Guide to Best Practices. Get a look at it here.
Carolyn Rosenblatt, RN, Elder Law Attorney & Dr. Mikol Davis, Gerontologist
Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com
Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.
Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.
Is financial abuse happening to your clients right now? Of course, it is. There is no escaping it. A recent study puts the amount stolen from elders every year in our country at over $36B. With a problem as big as this, no group of elders is immune. If you took a survey of your existing clients all age 65 or older and asked them how many have ever been taken advantage of financially, you would be sure to get some clients who would admit to this. If you look at your own experience and count up any instance you know of, whether it is in your family, your neighborhood or your book of business, you will likely find some financial abuse as well.
Why Is This Important for You?
The amounts stolen, fraudulently taken or just snatched from the unwary, are shocking. Remember that when your client loses assets, you lose fees. Portfolios that shrink because of fraud from predators take money from you, a manager, too.
That is the most basic reason this should be important to you as a financial professional. Doing the right thing to keep your clients safe is certainly a motivator as well. It shows that you do care about them. And beyond that, the regulators are increasingly aware that financial professionals are in a position to take action and, sometimes, to stop and prevent financial abuse. They will soon get past merely urging you to take action and to report abuse. They will ultimately make it mandatory.
And we think you can do more proactively than merely to understand how to report abuse after the fact. It would be great to catch more criminals but that is extremely difficult in many cases because they are very clever at evading law enforcement. And since family members are the most frequent abusers, we have an added problem in that many elders are reluctant to report abuse by their own to law enforcement. Mom just won’t call Adult Protective Services on her son, even when she knows he has stolen from her. We have seen this with our own eyes here at AgingInvestor.com.
There are many instances of scammers getting into relationships with aging folks by phone or on the internet. The “friendly” relationships become addictive. These thieves persuade the victim to withdraw funds from their accounts. This is where the advisor comes in. Unusual withdrawals are an important warning sign of elder abuse. And when the advisor notices this in a client’s account there are choices available about stopping abuse. They include contacting a trusted other the elder has identified and warning them of what is happening. There should be more than one trusted person identified for every client. And by all means, contact Adult Protective Services and report it if you suspect fraud.
If you are worried about privacy rules, don’t be. The regulators of your industry want you to report abuse. They want you to make every effort to keep aging clients financially safer. If you are not sure about privacy, create a special privacy document that specifically permits you to call a third party with your client’s ok. We can help you do so if you need guidance or a model document.
Financial abuse of your aging clients is likely, sooner or later. Take a deeper dive in our book “Succeed With Senior Clients: A Financial Advisor’s Guide To Best Practices”, written just for you, the financial advisor. See particularly the chapter “Financial Elder Abuse: How You Can Fight the Crime of the Century“. It’s available right now. Click HERE to get your copy today.
by Carolyn Rosenblatt, RN, Elder Law Attorney, & Dr. Mikol Davis, Gerontologist, co-founders of AgingInvestor.com
Dr. Mikol Davis and Carolyn Rosenblatt, co-founders of AgingInvestor.com
Carolyn Rosenblatt, RN, Elder Law Attorney offers a wealth of experience with aging to help you create tools so you can skillfully manage your aging clients. You will understand your rights and theirs so you can stay safe and keep them safe too.
Dr. Mikol Davis, Psychologist, Gerontologist offers in depth of knowledge about diminished financial capacity in older adults to help you strategize best practices so you can protect your vulnerable aging clients.
In all the proposed rules by FINRA and the SEC to address financial exploitation of seniors, advisors are urged to report suspected abuse to the local Adult Protective Services or to call the police. Unfortunately that is not always a solution. There seems to be a lack of clarity about how things work. Here’s a typical scenario that illustrates an issue.
Myra is 87 and her daughter, Lexie has been taking advantage of her for years. Myra feels sorry for her daughter because she can’t seem to hold a job. Never mind she has a drug habit. Myra has means and she often gives Lexie “loans” that are never repaid.
Lexie gets a power of attorney from Myra, goes with Myra to her financial advisor and tells the advisor that Myra needs $80,000 for a trip they are going to take. Myra is disabled and never travels. The advisor knows this. Advisor decides after seeing several of these demands for withdrawing Myra’s funds under suspicious circumstances that Lexie is abusing Myra. The total amount withdrawn at Myra’s request is over $150,000 in six months, which is highly unusual.
Advisor calls the police. They refer her to Adult Protective Services. APS takes a report over the phone, asks questions and then asks Advisor to fill out a report form. She fills it out and reports the recent questionable $80K demand and withdrawal and she lists the total taken of $150K. She puts Lexie’s name on it as the person suspected of financially abusing Myra.
APS sends a social worker out to investigate the complaint and to visit Myra at home. Myra finds the worker to be very nice and they chat. “Has your daughter ever pressured you to give her money?” the worker asks. “No”, says Myra. “Do you remember giving her gifts or loans totaling $150K this year?” the worker asks. “I don’t think I did that”Myra says. The worker asks if she is in the habit of giving money gifts to Lexie and Myra says yes, that Lexie is her daughter and she needs some help sometimes. The worker concludes that giving money to Lexie is what Myra wants and the case does not go any further. No one has tested Myra to see if she is competent to understand the consequences of giving her assets to Lexie, particularly since she has two other adult children.
In this case the facts are not clear enough to prove that a crime was committed. APS will not recommend that Lexie be prosecuted because even though giving away money is not in Myra’s best interests, she is assumed to be competent to do so. In this case APS is not solving any problem and takes no further action. If Myra did not want the funds to be given to Lexie it would be different and elder abuse could be proven perhaps. As is there is too much doubt about Myra agreeing to be taken advantage of by Lexie, no prosecutor could meet its burden of proof.
The Other Option
Lexie’s other two siblings were not initially aware of the abuse by Lexie. Their potential inheritance is directly affected by their sister’s actions and when they find out they call APS also. The case is closed and they get nowhere. They are furious.
They consider another option. If there is no crime here that can be proven, there may be a civil case. They contact an attorney who handles civil cases of elder financial abuse. The attorney does an investigation and finds out that Lexie has bought a condo with the money taken from Myra. The attorney successfully proves that Myra was duped by Lexie and the matter is settled by Lexie’s attorney agreeing to sell the condo and give the proceeds back to a fund set up for Myra in case she needs more cash as she ages. And the settlement agreement says that Lexie will inherit no part of the fund. Further, the power of attorney Lexie got is torn up and Myra appoints a more responsible agent, another daughter who now oversees all of Myra’s finances.
With a misunderstanding of how law enforcement works, there is a belief that all one must do is report to APS and somehow, financial abuse will be stopped. But when APS finds insufficient proof, or a wiling victim like Myra, they do not intervene. They are essentially reporters to law enforcement but APS does not prosecute anything. A civil case is outside their sphere and a civil attorney must be consulted to explore whether one can pursue that possible way of recovering an elder’s assets that have been wrongfully taken.
The Takeaway
The important thing to know here is that APS is limited in what it can do. A criminal case of any kind has to be proven “beyond a reasonable doubt.” Any advisor who wants to keep senior clients safer needs to understand that a willing victim will pretty well destroy a criminal case of abuse. A civil case is a possibility as long as there is an asset (in Lexie’s case, a condo) to get and someone who is not a willing victim (in Lexie’s case, her siblings). One should know a competent elder abuse attorney to consult and find out if your client has that choice in taking legal action or if her heirs do. Making a few calls is the least you can do to protect your client.
Imagine this: your aging client is 86 years old, slightly grumpy, and he thinks he knows better than just about everyone else on nearly everything. He’s quite willing to follow your advice, though and that’s what makes a good relationship with him.
Lately, he’s got you worried. He is obsessed with the internet. He spends many hours a day on it and he tells you about this man he met online who has an amazing investment he wants to get into. When he starts telling you about it, it sounds like a scam of the worst kind. You warn him not to do it and he says you don’t understand.
He asks you to liquidate one of his investments you manage. You do it. He tells you how happy he is that he’s got this great thing going now. A month later he calls you and wants to liquidate a lot of his funds to raise some significant cash for his “friend” who has the scammer-sounding “investment”. You say, “don’t do this!” He won’t follow your advice. This is new, and puzzling. What should you do?
Rules tell you that you must follow your client’s instruction and that you are not supposed to reveal his financial information to anyone. Should you call Adult Protective Services? Can you? You are not sure what to do.
But what if your client think his internet “friend” is fine even if you are seeing telltale signs of fraud in your client’s interactions with the scammer? You can report the apparent crime in an online form to the FBI as long as you know enough detail from your client. I think anyone who suspects internet fraud should do this, even if it turns out to be some legitimate thing in the end. It probably isn’t. And your client’s money could all be gone if you do nothing. Would that be okay with you?
Financial professionals need to be clear about your role in preventing and stopping elder abuse. Law enforcement can’t always stop the criminals but sometimes they do. No one can stop what is never reported to them. Do not be misled by the misconception that protecting your client’s private information is supposed to stop you from reporting apparent fraud and abuse.
You could be the difference between your client’s safety and your client being wiped out financially. Take a deeper dive and get very smart in an accredited one hour online course about stopping financial abuse. Click here now.
Carolyn Rosenblatt, R.N., Elder Law Attorney & Dr. Mikol Davis
A Lurking Danger You Need To Warn Your Clients About
There is nothing wrong with putting on a dinner or lunch for prospects while you give them a pitch about a product you like. But unfortunately, a free meal brings people out, especially older folks and they become sales targets for unscrupulous people. FINRA, in seeing how these seminars are too often a vehicle for fraud and exaggeration preying on unsuspecting elders, has issued a warning to seniors. You can be the messenger to provide a heads-up for your own clients about this.
Too many unethical people are using the setting of a free lunch to sell inappropriate investments. The annuity scams are notorious for this. And the scammers love impaired elders who are so easy to fool.
As people age, about a third of them will develop Alzheimer’s Disease. Most of the victims of this insidious disease are women. When the earliest signs of the disease emerge, research tells us that impairment of financial judgment is already underway. The predators have no trouble talking a senior who lacks the ability to see a scam coming into buying whatever they’re selling. It happens every day, not just in the free lunch seminar.
FINRA’s alert for investors about “free lunch” investment seminars is specific. Your older clients might not get that alert unless it comes through you. Here’s the gist of what FINRA wants seniors to know.
The FINRA Investor Education Foundation researched people over 40 to find out how many have been solicited with offers for a free meal seminar. 64 percent of respondents had been solicited, which means that the odds are, your clients will be among them. What the research also showed was that half of the sales materials contained claims that were apparently exaggerated, misleading or otherwise unwarranted. 13 percent of these seminars appeared to involve fraud, such as unfounded projections of returns and sales of nonexistent products
Slick and unscrupulous “advisors” and sellers have been at this for years, pitching unsuitable products. They’ve stepped up their game as the population ages. They want every target they can get. An easy way to warn your clients is to give them a one-sheet Client Update we have created for you. Get yours here or by clicking below and send it out to everyone in your book of business. Some of them are older clients and some have aging parents or grandparents who need to know about this.
You’ll look good by showing that you care about what happens to your clients and they’ll appreciate the message.
Lots of sellers of products are trolling for new clients, new prospects and older investors with substantial assets. They use a proven technique that could trap your client. You can educate your clients early and often about the technique, which is the “free meal educational seminar”. These seminars are not, by themselves, a bad thing. Perhaps you’ve even put one on yourself, or considered doing so. But too many unethical people are using these to sell inappropriate investments to older people. The annuity scams are notorious for this checker informative hints.
The Emotional Impact of Financial Elder Abuse
When older persons are deceived financially by hose they trust the most, the emotional effects can be devastating. The problem of financial elder abuse costs our older population over $36 billion per year in the U.S. alone. The reasons for this rampant problem some call “the crime of the century” are complex. Many victims cognitively impaired in some way, and are therefore subject to the undue influence of greedy relatives, caregivers, professionals, or criminal predators who strategically seek out older victims. However, not all seniors who fall victim to financial abuse are affected by cognitive decline. Some competent people are seduced by unscrupulous sales pitches promising big rewards. Some are cheated by the Bernie Madoffs of the world and their cohorts who take advantage of seniors who are worried about having enough money. These victims see the pitch or offer as a way to alleviate their money insecurity and they give up their cash to those who want nothing more than to take it and run. Sometimes, the senior may want to get something for nothing or get a “great deal’ with very little perceived risk.
Abusers are not always shady characters or unscrupulous family members. Sometimes they are legitimate organizations that simply find an opportunity to take advantage of someone with whom they already have a relationship. Using a relationship of trust to manipulate an older adult is called undue influence. The laws protecting them from being victimized by undue influence vary considerably from state to state, with some defining it so vaguely that enforcement is difficult. However, whether the law is used to convict abusers of this crime or not, the effect on an aging person is devastating. It is hard enough to realize that one has been duped by a stranger. When one understands that the manipulator is a trusted relative, friend, an organization in which a person truly believes or contributes to, the pain is even worse.
Wanda’s Case
Wanda was eighty-nine years old at the time her daughter, Janis, contacted an attorney. Janis reported that Wanda had been a member of her large church all her life and had been an active participant in the congregation. She had always made modest contributions to the church and trusted all of the other members. But over time, Wanda’s memory began to decline and she got confused easily.The church began a fundraising campaign for new construction. Wanda was asked for a donation, which she gave. Then another request came and Wanda once again complied. Wanda gave larger and larger donations to the church over the next year, with the checks totaling over $100, 000. Janis grew increasingly alarmed, because her mother clearly was in need of help. Wanda was found lost and wandering near the church after one day. The church itself had recorded the incident and a church worker had taken Wanda home. Janis was concerned that Wanda would run out of?money. She was physically ok, but her mental condition was becoming a serious enough problem that Janis believed she should no longer live alone. And Wanda trusted the church, to the point that she did not believe that anyone there would do anything wrong. This was a case of the church using its position of influence over an impaired member to elicit larger and larger financial contributions from her. They took advantage of an older adult who had become lost and confused after church, and they knew it. Wanda could not perceive that she needed care, which was going to be expensive, and that she could all her reserves by these overly generous donations. She was not able to act in her own best interests. She ?believed that she could not possibly run out of money. When her daughter, Janis, tried to explain that she had to stop giving to the building fund, Wanda was incredulous. She simply could not process the reality that she was going to lose all her savings if she kept up the contributions.? She became angry with her daughter for even suggesting that her actions were not right and that the church was out of line doing what it did.
Wanda’s emotional response to the abuse was to be in denial about it. She likely not able to fully process what had happened and felt that Janis was being disloyal to the church. The matter did get resolved. When the church was contacted to meet and discuss the pattern of solicitations they had sent to Wanda and their record of her being lost after church services, they immediately contacted an attorney who put a stop to their actions. Janis was able to watch over Wanda after that and she did obtain help for her. Wanda’s anger at Janis was an unfortunate effect of stopping the abuse. Wanda would likely have been angry at the church had she been able to perceive that she was being manipulated. However, she was cognitively impaired and did not see?the full picture.
The Emotional Impact of Abuse
Undue influence is not the only means of taking advantage of seniors. Any kind of elder abuse can be devastating. Denial is common after older victims discover financial abuse. When a scam is underway, they tend to keep up hope and continue engaging with the scammer. Despite warnings from family, friends, and advice from knowledgeable others, they continue to believe that the big payoff is coming. Or they are unable to embrace that they have made a mistake and trusted an untrustworthy person. Sometimes, even after the evidence of fraud mounts, the victim continues to give money to the predator. They have put their trust in someone whom they very much want to believe was trustworthy. When the payoff does not come, or nothing that was promised materializes, they eventually realize they were duped. The effect is sometimes intense shame and embarrassment. Living with this shame often leads to depression.
Suicides resulting from financial abuse have been reported. Some never recover emotionally from the feeling of horror that they were “so dumb” as to fall for a scam that in retrospect looks a lot more obvious. It damages a person’s sense of self, and sense of being able to trust one’s own judgment. It can go to the core of a person’s self-esteem, leaving the victim with a belief that he can no longer trust himself with anything financial. When a senior loses most or all of her assets and is left impoverished, it becomes a constant reminder of the shame of being duped by someone else. Losing a home can force the person to live somewhere he does not choose to be. That can be with relatives if available, but it can also land him in a Medicaid bed in a nursing home where few would ever want to live out their last years.
Prevention Strategies
No one is totally immune from fraud and financial abuse. Anyone can be victimized. Many a sad tale is told by an adult child of a victimized aging parent that “I trusted my father and didn’t want to question him.” Or, “I thought since my mom was a CPA, she would never fall for that.” Part of the problem is the perception adult children and even some professionals have that certain folks are never going to be abused financially because they are smart, or experienced with money matters. It is simply not true that education or experience protects everyone. Working with older adults puts professionals in a position to be vigilant, to educate about the risks of abuse out there, and mainly to pay attention.
Using Resources to Help Victimized Clients
While the criminal justice system prosecutes the relatively small number of abusers who are reported to authorities, it does not do much to help the victims of abuse. Money stolen from older people is often long gone by the time a predator is brought to justice. When a criminal is prosecuted successfully, the court will order that he make restitution of stolen monies to the victim, but enforcement of restitution orders can be problematic.
What is almost entirely lacking is any resource to help a victim of financial abuse manage the emotional effects of the crime. We simply do not fund this in our justice system. If victimized seniors wish to get emotional support or mental health help to recover from the impact of financial abuse, they would have to do so on their own. The cost is clearly a barrier, though Medicare does provide for psychological services. However, the benefit has limitations. A diagnosis is required for the provider to get payment. And many people attach a stigma to getting mental health help, which is an unfortunate perception that stops some from obtaining the needed psychological support for recovering. If there is a civil case of elder abuse with a successful outcome, and financial damages are actually awarded to the victim as a result, the award may include expenses for psychological treatment for the victim. Therapy is one means a victimized person can learn to cope with the emotional distress, shame, and? humiliation of being taken advantage of by any financial abuser. There is little doubt that those who receive supportive services after victimization cope better and have a better chance of healing from the trauma.
Professionals’ Roles with Abuse Victims
Professionals who work with aging adults in any capacity will likely encounter someone who has been victimized or is in the process of being taken advantage of by another. It is important to know their own community resources to provide information to anyone who may need help. Understand how difficult it must be for the person who has been victimized, and offer a respectful referral to a local resource. Local mental health providers can be found through the American Psychological Association, Psychologist Locator, community service agencies such as Jewish Family Service Agency (serving people of all faiths), the Alzheimer’s Association, or senior centers throughout the U.S. Most offer information and referral to local providers in the senior’s county.
Warning Signs
When suspecting financial elder abuse, those working with them should be aware of these warning signs:
1. The presence of a new “friend” in a client’s life who has an inordinate interest in the older person’s accounts or assets, and who gains access to any of them.
2. Sudden change in a Durable Power of Attorney document.
3. Isolation of the older adult from friends, family, and others close to them.
4. Large gifts to strangers or people they don’t know well.
5. Complaints about having reached maximums on credit cards when this has never happened before.
6. Frequent email or telephone contact with any stranger who establishes a relationship with the senior that seems addictive.
With the effort of those in the community surrounding older adults, we can all take steps to intervene and prevent or stop abuse. If something seems odd to you, speak up, ask questions, step in where you can. You just might be the key to keeping a senior financially safe. And if you learn of abuse in the course of doing business with a senior client, a kindly approach in offering emotional health resources lifts both you and the victim.
BY CAROLYN ROSENBLATT, RN, ELDER LAW ATTORNEY
Carolyn Rosenblatt has over forty-five years of experience in her combined professions of nursing and legal practice. She is co-founder of AgingParents.com, a resource for families, and Aginglnvestor.com, offering educational training and products. She can be contacted at (415) 459-0413, carolyn@aginginvestor.com.
REFERENCES
Journal of Accountancy. 2015. “Emotional harm of elder financial abuse outweighs its financial damage.” www.journalofaccountancy.com/news/2015/jun/elderfinancial-abuse-201512535.html. Accessed January 2016.
MetLife Study on Elder Abuse, www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf. Accessed January 2016.
Rosenblatt, Carolyn. 2015. “Protecting Our Aging Parents from Abuse.” In The Family Guide to Aging Parents: Answers to Your Legal, Financial and Healthcare Questions. Sanger, CA: Familius, 284-296., 2015.
“Common Elder Specific Issues.” In Working With Aging Clients: A Guide for Legal, Business and Financial Professionals. Chicago: American Bar Association, 71-76.
This article was originally published in the CSA JOURNAL 66 / VOL. 2, 2016 / SOCIETY OF CERTIFIED SENIOR ADVISORS / WWW.CSA.US
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Carolyn L. Rosenblatt, is a nurse and elder law attorney, along with blogging for Forbes.com and author of 4 books on aging. She is a co-founder of AgingInvestor.com and AgingParents.com
The Fraud Watch Network sent out a press release detailing a new and fast moving telephone scam targeting taxpayers across the country. As many of us are aware, our aging loved ones are quick to fall for these phone scams. Thousands of victims have already lost more than $1million. Please caution your aging parents and others as well.
Here’s how it works:
Fake IRS agents call taxpayers, claim they owe taxes, and pressure them with demands for payment using a prepaid debit card or a wire transfer. They threaten their targets with arrest, deportation or loss of a business or driver’s license, said J. Russell George, Treasury inspector general for tax administration.
The fake agents mask their caller ID, making it look like the call is coming from the IRS. In some cases, even more frightening, fake agents know the last four digits of Social Security numbers. They go so far as to follow up their targets with official-looking emails.
The reports about the scam describe how immigrants were targeted first, and threats of deportation were very effective. It has since spread to thousands of other victims in most states.
Imagine your aging parent getting one of these calls. Unsuspecting, intimidated and wanting to comply. You, as the adult child with more of a fraud antenna might wonder why a supposed IRS agent would call you, as the IRS always communicates with a taxpayer via mail. Your aging loved one might not think of that. When a second call comes in, once again with caller ID masked and faked to look like the police department or the Department of Motor Vehicles, it looks even more like the threat of consequences for not paying is real.
What if your parent really does owe back taxes? They can call the IRS directly at 1-800-829-1040 and get the truth. The IRS never demands wire transfers or debit card payments nor do they use license suspension or deportation as a threat.
Most of us understand that when someone demands payment over the phone by wire transfer or debit card that you should simply hang up. But not everyone knows this, particularly the 20,000 or so people who have been tricked so far with just this scheme.
So, keep your loved ones safe, especially your elderly family members. Warn them about this latest scam and follow up with questions as to whether they have gotten any calls like the ones described here, from anyone posing as an IRS agent. These scams escalate around tax time.
In consulting with families who have elderly loved ones as we do here at AgingParents.com, we often find that adult children want to believe that their parents are still competent and that such a thing could never happen to them because their parents are intelligent, or well educated, or they had work experience in finance, etc. But these clever scum with the fake IRS calls can probably fool even a smart, well educated person because the scheme gets past “filters” like caller ID and knowing the last digits of a person’s Social Security number. This is too scary to ignore.
Not only am I going to warn my 91 year old mother in law about this, but I’m going to ask her to tell all her friends at the seniors’ community where she lives. I’ll let my own adult kids know about this scam too. I hope you will do the same.
There are so many scams popping up in our world, it’s hard to keep track of them. The scammers target specific groups, such as older people or people who speak Spanish or anyone they hope to fool. Every professional can be instrumental in helping stop the scammers.
The Department of Justice and the Federal Trade Commission have joined forces to help educate the public. They’ve put out these four tips to pass on to every client, whether you believe they are in a vulnerable targeted group or not. (more…)
A judge agreed with Fireman’s Fund insurance company’s retirees who sued the employer for introducing them to “financial education seminars”. They attended, followed the advice given and lost everything. Maybe you thought this only happened to naive older folks preyed on by slick salesmen outside the workplace. But no. It happened to 34 long time employees and retirees of Fireman’s Fund who lost most or all of their retirement savings by being misled into risky investments.
Howard, 92, loves women. He has dementia and is legally blind. He likes to give women checks when they tell him their sob stories about needing money. He has one daughter, Missy, who is aghast at his conduct.
After her mother died, Missy felt obligated to try to keep Dad from throwing away all his money. He would use up everything in the checking account and then use credit cards to the max. He got into debt. Missy warned him and warned him, but he just didn’t get it. She had no legal authority to stop him from his stupid decisions about money.
He got a housekeeper, Flossie, recommended by the manager of his building. Flossie didn’t have much money, and needed to get her car fixed. She hit up Howard and wrote herself a large check from his account, which she had him sign.
When Missy confronted him about giving Flossie money, he lashed out and tried to hit her. He had a history of violence and Missy was fearful as well as very angry. Dad had given away cash to five other women before Flossie!
Finally, Missy was able to get the checkbook away from dad and no one else could write checks for this blind man to sign. He was now out of money. She had not taken legal steps to do this before he was broke. Not smart.
Flossie decided she was “in love” with Howard. She assured his daughter that she just wanted to be with him but they weren’t going to get married. Then Howard took a fall, was hospitalized and soon after, went to a nursing home. Flossie kept hanging around. One day, she went down to City Hall and got a marriage license. She never told Missy. She found an officiant for marrying them and had the ceremony right there in the nursing home.
Missy was beyond furious. She had reported Flossie to Adult Protective Services. The worker told her that Howard was “entitled to his folly”. She thought that was just plain stupid. She was advised that she could go to court and get a guardianship over her Dad. But, he had no money left and it seemed pointless by then. It was going to cost thousands of dollars too.
She sought advice at AgingParents.com. Mediation of the dispute with Flossie was suggested. Missy and Flossie both agreed to talk over the problem.
Missy wanted to have the marriage annulled. She wanted Flossie to be able to visit Howard, as he did seem to like her company and he was lonely. Missy and her husband had a suspicious and mistrusting relationship with Flossie, but in a way she was actually helping them by keeping Howard company while they were at work. Flossie didn’t want an annulment. She liked the idea of being married. Apparently, she didn’t consider Howard’s credit card debt. She just wanted to get something from Howard, like his Social Security survivor’s benefits.
The dispute was mediated without involving lawyers or the court. Missy proposed that she would allow Flossie to continue to visit Howard as she wanted. But, she was to refrain from discussing money and would report to Missy. When Missy asked Flossie if she was going to pay her Dad’s credit card bills, Flossie blanched. Suddenly, she seemed a lot more interested in the annulment.
She agreed to Missy’s conditions. A deal was worked out between them with the mediator’s help. Flossie agreed not to tell Howard about the annulment. He had been declared incompetent long before, and would forget what it meant anyway. Flossie agreed to the legal annulment. In exchange, Missy and her husband agreed to attend a “marriage” ceremony between Flossie and Howard at Missy’s home, without any paperwork, without it being legally recognized, and Howard would be none the wiser. Flossie could play married, without any legal consequences good or bad. Howard would still have Flossie’s companionship and Missy was okay with that.
The resolution gave everyone at least some of what they wanted. Before it got as far as it did, however, Missy might have tried other options.
By the second or third time a woman had ripped Howard off, she might have worked on persuading him to give her a Durable Power of Attorney for finances. She could have moved funds out of his checking account and stopped the ripoffs by his “girlfriends”. He eventually did sign one, but it was too late to keep his funds in the bank when he did.
She also could have gone to court for that guardianship. His doctors were cooperative in declaring him incompetent to handle money. Guardianship was a last resort, but it would have protected him. He ended up on Medicaid, in a 3 bed room in a mediocre nursing home. He will likely stay there for the rest of his days. Guess that’s how it works when one is “entitled to his folly”.
I’m hoping that anyone with an aging parent who is like Howard will look ahead. Sometimes, your aging parent makes a string of stupid decisions and you can’t stop them. But sometimes you can stop the folly before it’s too late. If you don’t know what to do, seek some outside advice.
Is financial abuse happening to YOUR clients right now? Of course it is. There is no escaping it. A recent study puts the amount stolen from elders every year in our country at over $36B. With a problem as big as this, no group of elders is immune.. If you took a survey of your existing clients all age 65 or older, and asked them how many have ever been taken advantage of financially, you would be sure to get some clients who would admit to this. If you look at your own experience and count up any instance you know of, whether it is in your family, your neighborhood or your book of business, you will likely find some financial abuse as well.
Why Is This Important for You?
The amounts stolen, fraudulently taken or just snatched from the unwary, are shocking. Remember that when your client loses assets, you lose fees. That is the most basic reason this should be important to you as a financial professional. Doing the right thing to keep your clients safe is certainly a motivator as well. It shows that you do care about them. And beyond that, the regulators are increasingly aware that financial professionals are in a position to take action and, sometimes, to stop and prevent financial abuse. They will soon get past merely urging you to take action and to report abuse. They will ultimately make it mandatory.
And we think you can do more proactively than merely to understand how to report abuse after the fact. It would be great to catch more criminals but that is extremely difficult in many cases because they are very clever at evading law enforcement. And since family members are the most frequent abusers, we have an added problem in that many elders are reluctant to report abuse by their own to law enforcement. Mom just won’t call Adult Protective Services on her son, even when she knows he has stolen from her. We have seen this with our own eyes There are many instances of scammers getting into relationships with aging folks by phone or on the internet. The “friendly” relationships become addictive. These thieves persuade the victim to withdraw funds from their accounts. This is where the advisor comes in. Unusual withdrawals are an important warning sign of elder abuse. And when the advisor notices this in a client’s account there are choices available about stopping abuse. They include contacting a trusted other the elder has identified and warning them of what is happening. There should be more than one trusted person identified for every client. And by all means, contact Adult Protective Services and report it if you suspect fraud.
If you are worried about privacy rules, don’t be. The regulators of your industry want you to report abuse. They want you to make every effort to keep aging clients financially safer. If you are not sure about privacy, we can help you create a special privacy document here at AgingInvestor.com that gives you permission to call that third party. Every advisor with any client over age 65 should have this and understand how to approach a client about signing it. With permission like this, you should never hesitate to tell APS and the trusted other that you are concerned about your client being financially manipulated.
You can get more details about this elder abuse issue and what you can do as an advisor in Succeed With Senior Clients: A Financial Advisor’s Guide to Best Practices. See particularly the chapter “Financial Elder Abuse: How You Can Fight the Crime of the Century“. It’s available right now so click HERE to get your copy today.
Can you think of anything that makes a person more desperate than being in pain? You can’t stand it. Maybe you’ll fall for anything that promises to end your pain.
My mother in law, Alice, at 92 was feeling like that. She had chronic knee pain that was getting worse. She went with some friends to a”free lunch seminars”, always a vehicle for selling something.
This one was put on near a large retirement community. The place is full of fairly well to do elders, some quite wealthy. Nice target, right? The perpetrator in this situation was a chiropractor. He knew exactly what he was doing, promising to end everyone’s chronic pain. All they had to do was sign up for his “guaranteed” to work pain relief program for a mere $3000 payable in advance and of course, nonrefundable. He carefully never put the guarantee in writing, but he used verbally it to seduce anyone there into believing his promise of pain relief.
Alice signed up. I advised her not to go through with his program and politely told her there were suspicious things I found in checking him out. She said she was ready to try anything and he assured her that everyone got good results. She went anyway.
The chiropractor in question didn’t even see her. His assistant did the work, which involved very brief “treatment” and a very long pressured talk to try to get her to buy his expensive supplements which they now said would enable the treatment to work. As the scam became more obvious, Alice got disgusted. The “treatment” did nothing at all for her pain. She quit and asked for her money back. No dice.
With her permission we filed a complaint with the State Chiropractic Board. which prosecutes fraud and license violations through the state Attorney General. They pursued the chiropractor, eventually settling with him. He paid a fine and was probably placed on probation. Of course none of this gets Alice her money back. At last check he’s still in business.
Pain relief is a big opportunity for scammers. They may be chiropractors or others who have some kind of license. They may be selling magic potions on the internet. It could start with one amount and escalate as it did with the chiropractor to expensive add ons, his “supplements”.
Recent research shows that many seniors who get taken for relatively small amounts of money often become victims in escalating amounts over time. They want to trust when they feel desperate and that makes them vulnerable to manipulation.
What can you do as a professional if your client is victimized by a scam? Here are three things:
If you learn about this sort of shady character, encourage your client to fight back. File a complaint. Write a letter to the entity in power. You can offer your help with paperwork or filling out a complaint form. Not every predator can be stopped but some can if you help your client take action.
Warn other older clients. If you have aging clients, warn them by letter or email about any shady operators in your area. You never know who you might be saving by doing that.
Make it public. If your client’s story is useful and you get permission to share it, local newspapers, TV or radio stations may be interested in it. That’s one way to educate and thwart these predators.
Do you have an experience of seeing a client get taken advantage of by a shady character like the chiropractor here? We’d like to hear from you. Your colleagues can also learn from you. We invite you to send us your stories. Please email me: carolyn@aginginvestor.com.
Do you have any clients over age 65? They may not know about: the grandma scam. Although the government, local agencies and sometimes the media publicize these predatory traps for elders, somehow the word doesn’t get around fast or far enough. Here at AgingInvestor.com, we work with a lot of families who have elders and we’ve been sounding the alarm since 2007 on this one. But it persists. Intelligent people, doctors, lawyers, professionals and non professionals alike are being victimized. Anyone can be caught off guard.
A call from a young person is made to the targeted older person, often at night, after the aging person is asleep. Half awake, grandma answers the phone. ”It’s me, Grandma” the caller says. Grandma immediately falls into the trap and says “Michael, is that you?” Or any grandchild who is named instantly becomes the identity of the caller. ”Yes, it’s Michael” the scammer says quickly. He then says he’s in trouble in some named city far away or even a foreign country. He’s lost his passport, or been arrested, he’s in the hospital, he’s very sick, or some concocted tale of needing help desperately. There is pain in his voice. He says how much he loves his Grandma and please don’t tell his parents. He needs money right away for the bill or for a laywer to get him out of jail or to get a new passport, etc. Would Grandma please wire the money? The targeted victim has to act right away. But repeatedly, older gullible people are swayed by the feeling of wanting to help a grandchild in need. And they don’t take time to think.
Grandma is so concerned, she gets that cash wired to the scammer right away. She doesn’t check anything out and she doesn’t call her son or daughter, the parents of the fake grandchild. It takes a while before she realizes she’s been had. Millions of dollars are lost this way, in smaller amounts at a time. No matter how much the press reports this kind of scam, the thieves keep at it, as they know that about one in fifty calls will result in getting money from an unsuspecting person.
Why are these con artists getting away with it? Dialing for dollars all day is quicker and easier than robbing a bank and it gets better results. The con artists rarely get caught. The money, once wired, is gone forever from the victim. And due to shame and embarrassment, victims rarely report the scam artists to the police. Con men buy names from subscription lists with likely senior citizen readers or from other information brokers. Some have the ages of their targets and their addresses. Sometimes the more sophisticated ones have even researched the names of family members, so calling Grandma is more likely to sound credible. If the caller’s voice isn’t recognizable, there is always an excuse: I have a cold, I’m really sick, or anything that works to persuade Grandma it’s really her grandson.
What’s the takeaway?
Your client can be easily tricked under the right circumstances. Wanting a call from grandkids is the starting point for scammers. It triggers an emotional response to the plea for help. “I love you” is something the grandparent wants to hear and the emotional hook is the basis of the con man’s success. Warn every aging client to be aware of the scam and to ask the caller a question only a real grandchild would know: the name of a pet, a parent’s birth date or a nickname.
Financial professionals are in a unique position to educate clients about finances and how to keep from losing money. Thwarting abuse is so important! Have you ever had a client get scammed? Have you seen ripoffs from their own family members? We’d like to hear your perspective on this. Comments welcome.
Learn what you can do about elder abuse at AgingInvestor.com in a one hour accredited course. Check it out here.
There is something about memory loss that should raise a red flag when it comes to your aging clients and their investments. Are you prepared?
By 2030, there will be 72.1 million people in the U.S. over age 65, or “elders”. 7.7 million of them will have Alzheimer’s Disease (AD). This directly translates to a large number of impaired clients making or attempting to make financial transactions and decisions. Some of those transactions could be with you.
According to respected researcher, attorney and neuropsychologist at the University of Alabama, Burmingham, Dr. Daniel Marson, losing capacity for financial decisions is something we need to be ready for, as it affects a huge part of our population. The problem is growing. Financial institutions, organizations and banks need to take preventive steps to avoid financial losses and exploitation of their clients.
What are the implications for the financial services industry? Demographics and dementia demonstrate that policies need to change and institutions need to explicitly plan for diminished financial capacity in their investors. We’re not just talking about escalating a matter to compliance when a client seems to be behaving oddly. We are suggesting that institutions and organizations get over the brick wall excuse that it’s not their problem, it’s the family’s problem. Financial professionals need to change the thinking that privacy concerns prevent them at all times from doing anything unless the client gives permission. A client who is impaired for decision-making may not be willing or able to give permission for you to discuss a problem with family until it is too late. Getting permission needs to be a proactive mandate.
Privacy does not have to be a problem if your organization, institution, or you, as an individual plan for the possibility of diminished capacity as a part of all investment transactions. That planning will include obtaining a special authorization for the financial services professional to contact a designated person when certain criteria are met. That, of course, means thinking through, with the input of aging experts, the criteria that would trigger the use of the special authorization.
Further, one should develop an agreed upon plan of action for the financial professional when the criteria that demonstrate diminished capacity are identified. This will take collaboration among all the players in institutions, so that policy development is uniform, regulation-compliant, and fair to the aging person who may be developing impairment.
Most importantly, a secure path of communication and action for the institution needs to be in place. No one with a questionable aging client should be left wondering:
Should I escalate this to compliance now, or does it take more?
Do I have the authority to contact a family member, or does that violate my client’s privacy and the laws about privacy?
What steps should I take now to protect myself?
Clients with memory loss are likely going to become impaired for making financial decisions at some point. Do you want to lose the assets under your management because your aging investor can’t figure out what you are saying and can’t approve what you need to do to protect him from disaster? We see an absolute connection, based on very solid research, between the dangerous red flag of memory loss and financial loss.
If you have heard the term “sliver tsunami” you may know that it refers to the massive wave of aging folks in our population. In case you haven’t noticed, it has already hit and your feet are getting wet.
Get a one page checklist you can use to identify ten signs of diminished capacity by clicking HERE. Be ready for aging clients and know what to do!
Financial abuse of elders has been called the crime of the century. A recent study shows that it costs seniors over $36B per year in the US. Every hand is needed to prevent and stop this crime of opportunity, including the help of financial professionals. We review the nine domains of financial capacity and describe the seven warning signs that your client may be a victim of financial abuse. We suggest ways that a senior-specific policy can offer advisors a clear path to follow when client conduct puts you on notice of a diminished capacity problem. We show you “hero stories” of financial professionals who took action and did stop abuse.
Learning objectives:
To improve your understanding of the enormity of the problem of financial elder abuse in the US.
To help you understand the legal options that exist to address elder abuse, both in criminal and civil venues.
To improve your understanding of how diminished capacity for financial decisions leads to vulnerability to abuse by predators.
To provide a clear understanding of the seven warning signs of financial abuse.
To provide you with an action plan that so you can take protective action for your clients who appear to be at risk.
When the medical information and personal data of 80 million Americans was hacked at Anthem Blue Shield it served as a wakeup call. It provides us with another way concerned professionals can educate and warn their clients about keeping personal data safe.
Get this: The information gained by the hackers – including social security numbers and birth dates and even income – are an identity thief’s dream, and the massive breach makes clear that any record can be at risk when companies fail to take security seriously.(more…)
The professional crooks are at it again. The U.S. Attorney’s office recently charged six defendants with yet another telemarketing fraud scheme targeting the elderly. The allegations are that the con artists sought out and preyed upon the elderly through their lottery scam. We see these reports often in the news, to the point that they seem very repetitive. The characters and the amount of money stolen from elders changes but the methods are the same over and over. They caught the scammers this time and charged them with theft of a total of $400,000 from various victims. That’s the least of it. Other scams bring in millions from their vulnerable victims.
Why do elders fall for these things? Why don’t they get that the “Nigerian prince” or the “Jamaican Lottery” are clearly bogus and not to be trusted? (more…)
Mom just turned 93 years old. In fact it was her birthday yesterday. I surprised her with an unscheduled visit. She was so very happy to see me and to not have to spend her birthday alone. Once at her home, I noticed a bill from one of her doctors lying on her table. I inquired about why she was seeing a new chiropractor. She proceeded to show me two small red led light boxes she was using, prescribed by the new doctor to decrease the pain in her legs. Mom said she had been going to the doctor for over 3 months and she wanted to surprise me with how much better her balance and walking had become. However, sadly, there was no progress. I felt sad for my mother who has been searching for many years for a cure to her chronic leg pain. But the real surprise came when I looked at her bill from the doctor. The doctor had charged her $3800 for the treatment that claimed to improve her balance and decrease her leg pain. He had charged Medicare for the $3800 and the Government had paid him over $700. He then billed her the balance of $3000. This practice is called “BALANCE BILLING” and is against the law. If the doctor accepts Medicare, he must accept that is total except the 20% Medicare does not cover. When her doctor presented her with the outstanding balance, she said she could not pay that amount, so the doctor suggested that she sign up for “Care Credit” to help her. He told her she could just pay as little as $30 per month and that sounded really good to mom. So mom had been paying 26.99 % APR on the $3000 balance.
Please pay close attention to your aging loved ones especially when it comes to how easily they can get Scammed. This has been another very painful lesson for all of us.
As you stay in the financial advising business for a time, you will surely see more aging clients. People are living longer than ever in history. They are part of your practice now or they will be soon enough. With aging come risks: cognitive decline, physical limitations and the need for care that can get very expensive. Will diminished capacity make your client vulnerable to abuse? Can you help protect your client by taking proactive steps right now?
You want to be of service, but you don’t want to go overboard and become someone’s social worker. What can you do to ensure your clients’ safety and well being as they age? Here are five tips for the conscious advisor who knows your client beyond managing the money.
Have you ever heard the term “undue influence”? from time to time, Most people don’t really understand what it means. Is it just some weird legal thing? Or should you understand it? When it comes to seniors and financial abuse, the term becomes very important, because undue influence can readily lead to financial abuse.The legal concept of undue influence goes way back in history to the 1600s. A lot of our law in the US is based on what our British ancestors did. Sure enough there is an old case in which a woman pretended to love an older man and pressured or influenced him to give her all his money and property upon his death. She didn’t love him. She was married to someone else. The elderly man changed his will and left everything to her, and not to his own family. His family sued, she lost and they got the estate he would have left to them if he hadn’t been under the influence of this woman.
The English court found that she had used undue influence on him to get him to change his will.Centuries have passed but the same problem exists today. People use their relationship with someone to get them to give money or property to the influencer. We hear about it all the time at AgingParents.com where we work with families helping them deal with issues about aging loved ones. The struggle in families about control over an aging parent’s finances often comes about because someone thinks another family member is using undue influence over a vulnerable elder. And sometimes it’s true!Laws about undue influence vary from state to state. Where I live in CA, we have a really good definition that helps people prove when someone was under undue influence of another person. Keeping it simple and non-legal sounding this is the essence of the definition: Undue influence is excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in something that isn’t in the influenced person’s best interests. A person who is elderly, frail, dependent on others for care or who is undergoing a lot of stress is particularly vulnerable.
The influencer is usually in a position of trust, like a family member or a position of authority over the one being influenced. The person in authority could be a professional, such as a financial advisor or lawyer, or it could be a caregiver.
What are some of the classic warning signs of undue influence?
Here are five of them:
1. The victim is vulnerable, such as shortly after a spouse has died or because he or she has dementia and can’t make good decisions. But a person can be vulnerable just because of being lonely too.
2. The influencer assumes power, authority or control over the one being influenced. This could come from the relationship, where the one being influenced thinks the influencer can be trusted and doesn’t question them.
3. Isolation of the senior, and doing things in secret, in a hurry or because the influencer tells the victim that everyone else is against her.
4. Sudden changes in a long-standing estate plan, including a will and or trust. The so-called “natural heirs” or family are cut out of what they were going to inherit and it goes to someone outside the family as a result of the senior being influenced to make those changes.
5. Something happens that is not fair or reasonable for the victim. For example, another seizes control over their assets and they can no longer choose what to do with them. Or the elder’s home is sold and he is forced to go to a nursing home against his will. These are examples of harm or an unfair result to the victim.
Undue influence is legally related to financial abuse. Harm to the elder in some way is the result and it always involves money, property or an agreement that affects the elder’s welfare.
We hope you have a good idea now of undue influence. If you see any of the warning signs happening to someone in your life, to a client, family member or friend, speak up!
Seek legal advice from an elder law attorney or report the harm you see to Adult Protective Services.
Working together, we can all do something to stop elder abuse.
Most of us hear about unscrupulous family members taking advantage of their aging parents or grandparents. And everyone knows that internet scams abound. The one in which the scammer calls an elder and pretends to be a grandchild in trouble is notorious. And unfortunately, successful as it still goes on. Funds from grandma’s account get wired to Western Union and the thief disappears.
Financial elder abuse is rampant. The National Center On Elder Abuse puts the amount stolen from elders each year at $2.9B. But a privately run recent study calculated the amount at a shocking $36B+ per year. Who is doing this to our seniors?
Family members are the most frequent abusers of elders, because of access, exploiting the relationship of trust, and knowing just how easily manipulated a parent or other loved one can become with aging and dementia. Family members usually know how much money their parents have and how to get the parent to either give it to them or give them control over it so they can take it without the parent’s knowledge. Sadly, we see this often in our consulting work at AgingParents.com.
Caregivers, who also develop a relationship of trust with their care recipients, have the advantage of being with the elder in unsupervised situations. Ruthless caregivers get the elder to sign a power of attorney and being dependent on the caregiver, the elder may be fearful and intimidated if she does not acquiesce to the demands of the caregiver. In one case, a caregiver managed to steal $4M from a 74 year old client with multiple sclerosis who became physically unable to manage for herself. The caregiver got a power of attorney and opened 67 accounts in eleven banks. One bank finally caught on and reported their suspicions, but it was too late. The caregiver went to jail but the elder died before the criminal’s sentencing.
In spite of the easy access family and caregivers have to seniors, the most dollars are actually stolen from elders every year by professionals. That includes broker-dealers, insurance sales persons, lawyers and others in a position of both trust and authority to manipulate or outright steal elders’ funds. About a third of FINRA prosecutions involve elders. There are ripoff artists among us.
One thing that doesn’t seem to change over time is the reality that most cases of elder abuse go unreported to authorities and are therefore never prosecuted. The thieves get away with it. In one case we saw in our office, a 92 year old whose son had power of attorney for her took thousands of dollars from her bank account and refused to account for it. We were involved in helping her change the authority he had over her finances. I spoke with her and described that what her son had done was wrong and was a crime. She knew it was wrong and did not want to take action. Her response: “I don’t want my son prosecuted”.
Many elders are more frail and less willing to pursue legal remedies than a younger person may be. They suffer from shame, depression and embarrassment that they have been so taken in by anyone. Some just don’t have the energy to fight back and the thieves know this. They count on it.
What can the concerned financial professional do about financial abuse? There are ways you can be more vigilant and protective of clients than ever. Here are five things to keep in mind for any aging client.
Know that even at the very earliest stages of dementia, a client is likely to be moderately impaired for making safe financial decisions. Pay attention to their ability or lack of it to understand complex or risky products such as non-traded REITS, which regulators disapprove of selling to seniors. Avoid suggesting or offering any products which require significant analysis by the client if you have even a hint of cognitive decline in that client.
Know that age alone is a risk factor for developing dementia and its accompanying diminished capacity. By the time your clients reach age 85, at least a third of them will have Alzheimer’s Disease or other dementia. Two out of three persons affected by Alzheimer’s are women. Be especially vigilant with your aging female clients.
Know your client. If he or she departs from a long standing spending pattern and you suddenly see unexplained large cash withdrawals, be suspicious, ask questions and probe. Someone could have gotten control over your client’s account. Don’t stand idly by. Get involved and find out. Report abuse if you suspect it. Take action to stop the abuse. Protect your client.
If you work in an organization where professional colleagues have aging clients and there is opportunity to either sell them unsuitable investment products or otherwise manipulate these elders, lobby your organization for enhanced and more frequent scrutiny of all client accounts for people age 65 and up. The Federal Government and state laws define an “elder” as someone 65 and above. Watch those accounts more often and in more detail.
Develop your own best practices, senior-specific policy, in writing. Training in best practices and commitment to your clients’ safety will enable you to get it right. Once you have a clear policy in place for yourself independently or for your organization, everyone can respond to red flags of diminished capacity and warning signs of elder abuse in a uniform way. That will enhance your ability to honor your clients so you can protect him from predators.
You hear the term now and again, “MCI”. Is it a diagnosis?
Doctors sometimes tell an older patient he has this, but no one seems to exactly pin down what it means. How mild is “mild” and what does it mean in terms of diminished capacity? Here it is in a nutshell:
Mild Cognitive Impairment refers to a degree of cognitive decline that is in between the cognitive changes associated with normal
aging and those associated with clinical features of dementia.
Many people who get a diagnosis of MCI do go on to develop dementia but some do not. Here’s an example of a person who has MCI but does not have dementia.
Gertrude is 89 years of age and has been living alone in her own home. She got confused on her way home and was found driving on the wrong side of the road. A Good Samaritan brought her home. Fortunately, she did not hit any other cars. Cognitive decline was the cause of her confusion. She has mild cognitive impairment. She must not drive anymore, and she is willing to admit that she has to give up the keys.
She can’t remember what is in her bank account. Recently there was fraudulent activity and a large amount of cash was stolen by hackers. She must also give up managing her own finances.
Gertrude is very independent. She can take care of herself physically, though she does need her cane to walk. She wears hearing aids, but is able to follow the conversation around her very well when she can hear. She is clear about her likes and dislikes and communicates them emphatically. She is oriented to the date, and place where she is. Her short term memory is poor. She should not live alone any longer as she could forget to turn off the stove or the water faucet.
Gertrude is a good example of a person in what we call “the gray zone”. She is partly independent and partly dependent now. She is able to do a lot for herself but she needs help with her finances particularly. She appointed a licensed fiduciary to handle her bills and watch her bank accounts for her. She and the fiduciary went to both her banks to make sure the fiduciary’s name is on the accounts. She will have a companion live in with her to keep an eye on her safety but still allow her to do the things around the house and in the community she likes to do. The companion will do the driving. As she gets older, her care needs will probably escalate. But for now, she has just what she needs and she accepts that her independence is getting limited by her memory loss.
If you know someone who seems to have the same issues as Gertrude, you will be interested in Chapter 10 of my book The Family Guide to Aging Parents: Answers to Your Legal, Financial and Healthcare Questions. That chapter is Protecting Our Aging Parents From Abuse. I offer you five good tips, steps you can take now to keep your loved one safe. They are Protective Measures: talk with them about financial abuse, educate yourself, start having more frequent contact, snoop a bit, and check the mail from time to time. Get your copy now and learn more, with all you need to know to keep someone like Gertrude safe! CLICK HERE.
Imagine this scenario. The person making all financial decisions was the man of the house. His somewhat timid wife, married to him for many years, never wanted the responsibility to decide how to invest. They had a multimillion dollar estate. Then Harry, her husband died and she was totally unprepared.
That’s “Rosanna’s” story. Rosanna was married for decades to Harry who passed away at age 85. She was 82 at the time. They had three adult daughters and one son, Jackson. Their son was never a steady job holder and had fantasies of how he was going to be a business owner. After his father died, he saw an opportunity. He could easily manipulate his mother, who looked to him to essentially take Harry’s place with decisions about investments. Rosanna had begun to suffer serious memory problems and couldn’t remember a conversation from morning to evening. She was clearly a person with diminished capacity.
Jackson was a co-trustee on the parents’ trust with his mother and sisters, but had sole power to make investment decisions. He conspired with the long time broker-dealer who used to work with his father. The broker also saw an opportunity. The broker told Jackson that he could help him out but Jackson needed to put a lot more of Rosanna’s money into variable annuities. What this meant was that her money would be tied up for years, unless she paid a stiff surrender charge to get to it. A full 87% of Rosanna’s money was then shifted into variable annuities. When Harry died, the amount invested in annuities was about 40%, which was plenty. This shift of most assets into annuities of course generated a huge commission for the broker. About the same time, Jackson took a six-figure loan from Rosanna’s trust without consulting his sisters and without informing them.
They were angry and upset with Jackson for manipulating their mother, for taking out a “loan” from their mother’s trust, which he didn’t pay back and for sneaking around behind their backs putting so much into variable annuities. That was going to affect their inheritance. When the sisters called me, we discussed the issue of manipulation of their mother. No one had ever checked her out for her capacity for financial decisions. When her daughters wanted her to see a doctor to find out more about her memory troubles, Jackson vetoed it. Rosanna consulted Jackson on everything. This meant that legal action was necessary. I referred them to an elder abuse attorney to take up the cause. They were very distressed and not speaking to Jackson. Meanwhile, Jackson again manipulated his mother to get money from her, with which he hired an attorney to harass and threaten the sisters. It was ugly.
No one can be sure how this nasty tale will play out, but the regulators will probably not like the fact that the broker put so much of an 85 year old’s assets into variable annuities. They will probably not like that he had to override his firm’s internal controls set up to prevent that. They will probably not like the fact that the net result is that the estate lost a significant sum compared with what it would have done in conventional investments suitable for an 85 year old. I sent the sisters the forms to file complaints with both FINRA and the SEC. They will also have an attorney to represent them in that matter.
And as for Jackson, I hope that the courts will deal with him justly. He is looking out for himself, that is clear. As a trustee, he had a legal duty to the trust, not to his own self interest in grabbing a six figure “loan” from the trust that he had no means to repay.
The takeaway here is that your aging clients, particularly the very unsophisticated ones like Rosanna are sitting ducks for abuse by unscrupulous brokers. And it is up the the advisors who are ethical to blow the whistle. It is up to everyone to seek justice for the unwary who become victims of manipulation because of greed, the ease of taking advantage of an elder, and the attitude that “it’s not my problem, she’s not my client”. Please make it your business. At AgingInvestor.com, we want to put a stop to this kind of abuse. We urge you to join us!
Click HERE if you want to help us make a difference.
Philip Marshall was devoted to his grandmother, wealthy philanthropist, Brooke Astor. Her victimization by her own son, Philip’s father, Anthony Marshall, created irreparable harm to the relationships in the family. Anthony Marshall and one of his attorneys conspired to divert millions of dollars to Anthony’s benefit after Ms. Astor developed dementia. They were both convicted in criminal court of financial elder abuse. Would you have had the courage to stand up to your own father and take on the cause of justice of your grandmother if you had been in Philip’s shoes?
Philip recently contributed to the American Bar Association’s journal BiFocal, a publication of the Commission on Law and Aging. He wrote a piece in the hope that the telling of his sad family circumstances would continue to contribute to the recognition of elder abuse and exploitation as an insidious and pervasive national problem. Parts of his article are summarized here.
Philip did not start out as an expert in elder abuse. He loved his grandmother, who had always been a donor to worthy causes, being described as “a humanist aristocrat with a generous heart”. In her later years, she was increasingly isolated by the actions of Anthony Marshall. Close friends were denied visits. A long time and caring staff member was fired. Anthony Marshall, Brooke’s only child, had been appointed power of attorney. He used his power to abuse and control her. There were many red flags in Anthony Marshall’s actions. He sold Brooke’s favorite painting, which she had bequeathed to the Metropolitan Museum of Art, one of the objects of her charitable giving in her earlier life. The paining brought millions, two of which Anthony kept as a commission.
Brooke loved her country house, where she hoped to spend her final days. Anthony closed the housed and fired Brooke’s most loyal staff member, her butler Chris Ely. Under pressure from two of Brooke’s closest friends, Anthony reluctantly agreed to reopen the country house, but shortly after that, moved his mother back to her apartment in New York.
Philip was suspicious of what he saw happening and began to speak with more staff and caregivers. He learned that his grandmother’s lifestyle, emotional and physical care and life were being compromised by his father’s actions. He could not bear the damage he witnessed to her psychological and physical well being. He sought advice. He met with his grandmothers’ close friends and decided that something should be done.
Philip petitioned for guardianship. This always presents an uphill battle when the only adult child is in charge and the psychological abuse and neglect are so difficult to prove. The petition was granted and Philip immediately moved his grandmother back to her country house. By the time the petition was granted, his father was forced to return over $11 million in assets and pledged over $10 million to cover any future claims. But the battle was far from over.
Ms. Astor died peacefully in 2007 with friends at her side. Following her death, Anthony Marshall filed papers on court using three codicils (additions) to her will which redistributed almost $100 million to his control. The unbridled greed of Philip’s father was shocking. He was already provided over $60 million in the original will. That wasn’t enough. He had to conspire, forge documents, manipulate and abuse his own mother to get tens of millions more.
The New York DA had evidence of the criminal abuse case and indicted both Anthony Marshall and his attorney, Francis Morrissey. The case went to trial in 2009. Philip had to testify against his father. There were many witnesses to the abuse and financial manipulation. Anthony Marshall was convicted on 15 of the 16 counts against him. All counts but one were upheld on appeal.
At AgingInvesor.com and AgingParents.com, we are vigorous advocates for stopping elder abuse. We applaud Philip Marshall not only for his courage to bring the guardianship petition in the first place, but to continue the battle to honor his grandmother’s legacy of charitable giving, as originally provided in her will. His actions came with a huge emotional and economic cost to himself. But could not live with the injustice he saw. He was willing to air the family’s dirty linen in public. He was willing to take sides and stand up for the vulnerable person with dementia his grandmother had become. Let his story be an inspiration to all of us.
Until next time,
Carolyn Rosenblatt, RN, Elder Law Attorney, Mediator
Attention Financial Professionals: Are You A Hero? We want to highlight you!
We are very interested in financial planners, wealth managers, RIAs, CFPs, trust officers and others who have protected elderly clients from abuse or stopped it after they became aware of abuse or predatory practices. Without a fiduciary standard, inappropriate products are being sold to elders by some in the financial field. And that doesn’t even address the outside predators who seek out elderly victims. They’re everywhere.
At AgingInvestor.com we are allies of the elderly, having spent years of our lives serving them, my wife as a nurse and then a litigator and myself as a mental health provider. We will be sponsoring a contest in early April to feature the best of the best in financial services who stopped or prevented elder abuse. My wife and partner Carolyn Rosenblatt blogs at Forbes.com (Aging Parents) and AgingInvestor.com to keep those in this community informed. We want to tell your stories. We hope to educate others in the field and this community by highlighting the actions of courageous people who stepped up to stop scammers, thieves and greedy players inside or outside the financial services field itself. We have a few great candidates already! We know you’re out there. Submit your own name and story or that of someone you respect for their abuse prevention efforts to hero@aginginvestor.com. If you need to remain anonymous for political or personal reasons, we will honor that and not use your real name, location or work place. We want to share your exemplary actions. And if what you did was leave a large organization so you wouldn’t be part of abusive practices there, we think that’s heroic too. Please tell us. We’ll protect your identity totally.
Your stories will inspire others to follow your lead. We’ll feature you in our newsletter with your permission, and let our social media contacts know that you are a standout among the rest. If you want anonymity, we will simply point out the problems that spurred you take the steps you did and that we want to honor the decisions you made. We applaud you.
Thanks for joining us.
Sincerely, Dr. Mikol Davis & Carolyn Rosenblatt, RN, Attorney
Heavy advertising by those selling reverse mortgages could convince anyone that this product will get you to nirvana. The sellers tout them, promising to let you “live the life of your dreams” or “have a better retirement”. Really?
The Federal government has responded to numerous complaints by borrowers about reverse mortgages (home equity conversion mortgages or HECMs) and issued a summary report. It’s available through the Consumer Financial Protection Bureau but if you don’t have time to read it, we summarize for you it here at AgingInvestor.com.
The reverse mortgage complaints submitted to the CFPB demonstrate the wide range of problems some consumers have with these loans. The largest volume of complaints, according to the report, center on difficulty in trying to change the terms of the loans. When borrowers want to refinance the loan or add borrowers, they can’t. Some borrowers do not understand that the loan proceeds as well as accrued interest on the loan over time substantially decrease the amount of available equity. What this tells us at AgingInvestor.com is that despite mandatory “counseling” before getting the mortgage, the borrower is not getting the message. Whether that is a defect in the counseling itself or the consumer being swayed by the “live the life of your dreams” advertising we do not know. What we do know is that borrowers get upset when they find out they can’t refinance these loans.
Other consumers complain that lenders refuse to lower their loans’ interest rates and they feel that as interest rates have declined, that they’re being overcharged. Trying to change the terms of the loan at all is very problematic. When adult children want to be added as borrowers they can’t be added. Borrowers do not understand that adult children can only retain the home for an aging parent by paying off the entire loan balance or by paying 95% of the value of the home. Is this a failure to understand the mandatory counseling their parents were given? Or is it that this critical detail is lost in the effort to get an older homeowner to take the loan, “live the life of their dreams” and have a wonderful time with the loan proceeds?
As we see it, the worst outcome of a reverse mortgage occurs when title is transferred to one spouse in order to get the HECM, perhaps because he or she is of an age that makes it possible to borrow more equity than the other spouse could do. The loan is taken in the name of that one spouse only. The borrowing spouse later dies. The non-borrowing spouse then will lose the home. Distraught widows and widowers face foreclosure in this scenario. Of course they can’t pay off the loan or they wouldn’t have needed the HECM in the first place. Some consumers report that their loan originator falsely assured them they would be able to add the other spouse to the loan at a later date.
The U.S. Department of Housing and Urban Development (HUD) is changing this horrible problem. It issued a mortgagee letter in August 2014 that provides that non-borrowing spouses meeting certain conditions, may remain in the home after the death of the borrower spouse but only for loans originated after the date of this letter. Most HECMs originated after August 4, 2014 will be made in both spouses’ names. For the rest of the many borrowers whose loans are older than that, a widowed person will likely lose the home after the borrowing spouse dies. So much for living the life of their dreams.
If you are in a position to advise clients about the pros and cons of a reverse mortgage, be sure that you know these details before directing anyone to such a loan. Yes, in some cases, a HECM can be a lifesaver. But as we see it, that’s only a good idea when there are no other options available to pay the basic cost of living in the home and surviving there to the end of life. It’s not prudent for any consumer to have a lavish lifestyle on borrowed money, only to run out of equity when they need money most: when disabled and in need of care. Consumers need to be cautioned not to take out equity and recklessly spend it as if there were no consequences to depleting what is for many, their only significant asset.
Help us keep elders informed. Please share this with a friend, a client or member of your own family.
You’d think that after all our vets have sacrificed for our country that somehow slimy manipulators wouldn’t go after them specifically. But, sadly, vets are prime targets for so called “veteran’s advocates”, whose objective is to get their money. Here’s how they work:
The objective is to sell vets annuities, which tie up a person’s money for years and years. Annuities of this kind are usually not at all suitable for an aging person. The seller, a company owned or backed by an insurance company, offers veterans a free lunch “educational” seminar. An insurance salesperson is the front for this presentation. They go after elderly residents of retirement homes and assisted-living facilities and convince them that they can get free Aid and Attendance pension benefits offered by the U.S. Department of Veterans Affairs.
These benefits do exist, but no one who is wealthy qualifies for them. The vets at the seminar are persuaded to “reposition their assets” in order to apply for the benefits. Unwitting senior veterans are sold annuities so that they can qualify. Of course that generates handsome commissions and profits for the insurance agent and insurance company.
The insurance companies and their agents selling the annuities go after wealthy seniors in expensive retirement facilities, because people who are truly qualified for Aid and Attendance have no money. They induce the senior to put large amounts of money into an irrevocable trust so they appear poor and can thus apply for free Aid and Attendance.
The wealthy senior vets who get taken by these scammers would never qualify for Aid and Attendance anyway, as one must be low income and with very limited assets to be eligible. Buying annuities does not fix that.
A prominent attorney has now filed a lawsuit against one of these insurance companies and the agent who held himself out as a volunteer for veterans when he was really a salesman. Fraud is alleged in the lawsuit, filed in Riverside County Superior Court in CA. We at AgingInvestor.com hope the case is successful.
How do these slick salesmen who outright lie to senior vets keep getting away with these schemes? The annuity sale scams are a problem nationwide. Victims of financial elder abuse rarely report the abuse. They are elderly, get overwhelmed with the vicious battle the insurance companies will put up to defend their actions and they don’t want to do it.
If you would like to do your part to warn your aging clients or family members about these vet-targeted annuity scams, please send out emails or letters to them and warn them to be alert to the problem. Get your free sample email or letter form from AgingInvestor.com by clicking HERE. Information is power and implementation of this information can protect your clients.
When Laura called me at the urging of her own financial advisor, she was in a crisis. Her father, Jack, age 95 lived in another state and was in a nursing home. She and her sister were worried about a problem: their brother Robbie was taking advantage of their dad and no one was stopping him.
Robbie had been sponging off of Dad for years, Laura told me. She knew Jack probably had dementia, and she had been appointed his Power of Attorney agent, but the transition had not happened yet for her to take over his finances. Robbie had flown out to see Dad from the state where Robbie lived. He took his frail father to Jack’s financial advisor and had his Dad ask the advisor to give Dad a cashier’s check for $50,000. The advisor knew that his client was being manipulated into asking for the money but he gave it to Jack anyway. It was not as if Jack was extremely wealthy. He had limited funds in the account.
Then Jack, with Robbie prodding him, asked his advisor to give him a debit card for his cash management account. The advisor knew full well that Jack’s money could go out the door and into Robbie’s pocket. He decided to deal with the potential abuse by “dragging his feet” for three months. He knew Laura and knew that she was Jack’s agent on his legal documents. He called her describing the call as “on the Q.T”and told Laura that he “had” to comply with the request for the debit card. Laura insisted as the power of attorney that the card should be mailed to her. After she got it, I advised her to destroy it.
The estate attorney who had prepared Jack’s trust knew that Laura should take over her position as Jack’s successor, but he failed to urge her to do so right away. He also failed to give her enough direction about how to accomplish this so she could stop any other actions by Robbie to get Jack’s money. This was one professional failure—the lawyer did not recognize the urgency nor try enough to stop elder abuse.
When I met with Laura, I instructed her exactly how to get the needed doctors’ reports on Dad to meet the requirements Jack’s trust had in it that would permit her to take over responsibility for him. She did so at my urging, right away. I encouraged her to immediately give Dad’s advisor a letter instructing him to cease any transactions initiated by Jack as Jack did indeed have dementia and the doctors had verified that he was no longer capable of managing his affairs. She did that, too. It had also come to light that Robbie had gotten Dad to transfer funds into an account to which Robbie had access and that Robbie had already nearly drained that account of another $30,000.
I sat with Laura and helped her draft a firm letter to Robbie letting him know that the end had come for manipulating Dad and that she was now in charge. He was furious! Ugly emails from Robbie and threats followed. The saga did not end there, but with help, Laura was able to stop any further financial abuse of her father.
The second and most distressing failure of a professional in this true story was the action by Jack’s financial advisor. He did not seem to have any idea of what to do to stop elder abuse that he admitted was going on in dealing with his client
The takeaway here is that every advisor who sees potential elder abuse can and should do much more to protect an elderly client from this kind of manipulation. Every professional has to give up being a slave to the outdated notion that you always have to do what a client says even if the client is seriously impaired. That impaired person is not the client you signed up and you must address this problem.
Learn 5 things every professional should do when you suspect financial abuse by clicking HERE for your free tip sheet.
Imagine you’re at your desk, calling your elderly client for approval of something you’d like to do with his portfolio. The last time you spoke with him, he seemed a little “out of it” but you carried on and did your work. Now, you’re on a call with him again and he’s just not getting anything you’re saying. You repeat patiently. Nothing. You suggest talking to him at a later time.
When you call back two days later, your client has no recollection of the earlier conversation that had you concerned, and worse yet, he still can seem to grasp even the simplest explanation of why you’re calling.
What should you do?
Your client has presented some ominous signs of cognitive impairment, which include inability to track the conversation and memory loss. He has no memory of your call two days earlier. Prompting him by reminding him of when it was and what you said didn’t help.
If you know there is a problem, there is one major reason why you absolutely must do something about it. That is: clients who are developing cognitive impairment are sitting ducks for financial abuse. The abuse could come from a family member, which is an unfortunately common occurrence. It could come from a credit card company who tricks your client into signing up for years of something she doesn’t want or need. It could come from an internet scammer who preys on people exactly like your client, cleverly and with great success. As you may have heard, the latest study on financial elder abuse found that it costs our seniors $36.48 billion a year, rather than the previous estimate of $2.9 billion.
If you believe that confidentiality prevents you from sharing anything about your client with anyone else, take you cue from the Canon of Ethics for lawyers, who have to honor confidentiality as much as anyone can. It says, paraphrasing, that a lawyer may but is not required to take protective action if a client is in danger. In my mind, any ethical lawyer who believes reasonably that her client is in danger from potential financial abuse is going to take protective action. When you see a client too confused to follow your conversation and too impaired to remember a call two days before, that client may be in danger right now. If protective action means calling a designated emergency contact, then you should do it. If it means taking the matter to supervisory or compliance personnel in your organization, then do that as well. If you believe you have no other choice but to get rid of your client and no longer handle his finances or business affairs, then that is also a choice. However, we at AgingInvestor.com think you do have options other than firing your impaired client.
When we look at the law, it builds in protections for those who lose the ability to manage finances for themselves. One of these is a Durable Power of Attorney. Every prudent person who gets estate planning done should have a DPOA as part of the estate planning package. Take your cue from what the law allows any adult to do. That is, everyone should appoint a trusted person to take over when he or she is no longer able to manage finances independently. You client should appoint someone you can call and most importantly give you permission to call or contact that appointed person when your client demonstrates behavior as we described above. The person your client has designated on the DPOA to be her agent may also be the one she give you permission to contact if you believe she is vulnerable to abuse.
Every advisor, business professional and lawyer serving older clients should have permission to contact a third party in the event of emergency or imminent danger. You can get it done with a straightforward document.
If you aren’t sure how to get a waiver of privacy done or whom your client wants to designate, it’s time to act now. Get these things accomplished with the help of experts who can guide you. If you have them in your organization or at your disposal, create your policy without any delay. If you need help, we’re here to offer it at AgingInvestor.com. Contact us for advice, help with drafting your own special privacy waiver, or education about how to bring up the subject of cognitive impairment with your aging clients.
Competition for clients has always been there, but as investors age, something you might not have anticipated can happen. The vultures are out there. Competition with you for their invested assets can become an increased threat when an older client’s judgment is compromised. With impaired judgment, they might fall for the “free meal” seminar, a device to get them to buy an inappropriate product.
An older client who has always behaved a certain way about her investments can go through changes because of cognitive decline. You have absolutely no control over this process and in fact, you may not even notice it initially. Cognitive impairment can come on very subtly at first. What it can do over time is to cause your client’s ability to make good judgments about finances to go downhill.
A person who is actually ok financially may start to worry unreasonably that he is going to run out of money. Or a spouse gets ill and the costs of care skyrocket, making your client think he needs to do something fast to get a high return on his investments. There are a lot of slick salesmen out there who know this and count on it. They are the first ones to offer your client a free meal and a so-called “financial education seminar”.
According to FINRA research, 64 percent of those responding to a survey of people age 40 and over had been invited to an “educational” seminar with a free meal offered. FINRA, the SEC and state regulators conducted more than 100 examinations involving free-meal seminars. They found that in half of the cases, the sales materials contained claims that appeared to be exaggerated, misleading or otherwise unwarranted. And fully 13 percent of the seminars appeared to involve fraud.
These highly polished and sleazy sales people are more than happy to tell your client that they can do a lot better for the client than you are doing with your old, conservative and safe investment strategy. They dress well, have engaging personalities and are looking for someone who is fearful or easily manipulated. That could be your client. No matter how educated, smart or experienced your client is, anyone can suffer from loss of cognitive ability. Aging investors may not be as sharp as they were in a younger day, due to memory loss or other issues. The early warning signs of memory loss also suggest erosion of financial judgment. That can lead to impulsive purchases and lack of financial judgment about the risks.
What can you do about this? You have an opportunity to do a campaign with all your older investors which can enhance your image, increase the frequency of contact with them and educate them in the process. It could be a series of emails or personal letters. Remember that FINRA has issued a warning to all investors to be wary of the free meal “educational” seminar. You are the good guy or gal, bringing them this important information from regulators who want to protect them. The body of your email or letter can contain this information:
For every consumer, note these points FINRA wants you to keep in mind before you attend any “investment” or “financial education” seminar, especially with a free meal. 1. Investment seminars are intended to sell you something. Their purpose in not merely educational.
2. Beware of the persuasive effect of a high end venue, an expensive meal and a smooth, well-dressed presenter. These are collectively designed to impress you, but it does not mean that the opportunity being pitched it right for you.
3. Find out who is really sponsoring the event. At times, insurance companies, mutual funds or other companies offering their products are behind the pitch, financing the event and expecting that the speaker, who could be someone you know or recognize, will use the event to drive sales of their products.
4. You can use FINRA’s Broker Check (800) 280-9999 to see if the presenter is licensed to offer financial products. If the sponsor is an insurance agent, find out if he is licensed through your state department of insurance or the National Association of Insurance Commissioners. You can find out information about the one offering products for sale through your state’s securities regulator or the North American Securities Administrator’s association at (202) 737-0900.
Feel free to copy this right into a letter to your clients today. Vary it with your own words and headline. Anyone age 50 and up would be a good candidate to receive it.
Stay in communication with your aging clients.
Let them know you are concerned about the prevalence of these offerings by supposedly qualified people and ask if they’ve been solicited to attend any of them. If they tell you they want to go to a seminar, dig deeper. Ask questions. Offer to check out the presenters. If you step up the frequency of contact, particularly with an automated system of emailing your clients, you can only enhance the relationships you have with them. And in the process, you can not only build loyalty but perhaps save some of them from being seduced away from your responsible management by educating them about potential financial danger.
We encourage you to comment and share your own stories so that we all can become better informed and educated about new scams and ways to protect our older clients and family members.
Elder Law Attorney and author Carolyn Rosenblatt, describes the latest financial scams that specifically targeting elders, and other aging vulnerable people. Watch video BELOW.
When your aging client has contact with you, consider it an opportunity to educate them about more than the status of their portfolio you manage. Your client’s efforts to maintain financial safety can be thwarted by clever scammers who are constantly devising new ways to take advantage of them. You are in a perfect position to help keep them informed about financial abuse and the latest information on tactics scammers use. Don’t make it someone else’s problem. Make it part of your services.
Take for example the “grandma I need help” scam. My 92 year old mother in law told me about this one. Someone actually had the nerve to try it with her, but she’s smarter than they were and it didn’t work. However, one of her friends did fall into the trap. Somehow the scammers got a list of phone numbers of many of the seniors living in the nicely appointed neighborhood in her retirement community. They get a young man to call from their list of numbers and say “Grandma?” when a woman answers. If she thinks it’s her grandson, she’s bait. The thief then says he’s in trouble, with some made-up some story to get her to worry about him. He then asks her to wire money right away to get him out of this jam. The unsuspecting do it. And get taken.
A newer scam is the gift basket trick. Again, the older person’s phone number and address are known to the thieves. They call the potential victim to be sure he’s home and then tell him they’re Express Courier or any other name and they have a gift delivery. Will he be home in the next hour? If the victim says “yes, I’ll be here” an official looking truck with a courier name on it pulls up within the hour, and the delivery man hands the victim a lovely basket of wine and flowers. The trap is in the delivery man then asking the victim for payment for a “delivery fee’’ because the basket has alcohol and had to be hand delivered to an adult rather than left on the doorstep. Or so they say. The fake courier insists on a credit card payment rather than cash, even if the fee is just $3.50. He uses a small portable credit card scanner and asks for the PIN number for any debit card. What the victim does not know is that the scanner is a device used to steal the credit card information, in the way this kind of information has been stolen from ATMs and gas station credit card machines in the past. The scanner the courier uses even prints out a nice little receipt, making it all the more believable.
The victim doesn’t realize his credit card information has been used to make a dummy credit card with his name on it, which the thieves quickly use until the victim cancels the card. Thousands of dollars can be stolen from the victim’s by ATM cash withdrawals and numerous purchases before the victim knows what is going on. People are getting tricked by this. The scam is working for the scammers and you know they will keep doing it until the public gets well informed enough to decline the offer of the fake gift delivery over the phone.
If you are managing accounts for older clients, take the opportunity to help educate them about these nasty fraudsters who are easily able to get their names and phone numbers. You can make a difference. Tell them in person or make a handout about scams to email or send to them. They may see you as protective of their financial safety in more ways than one. That can uplift your image, always a good thing. We’ll keep you informed about elder abuse and how to protect your aging clients right here at AgingInvestor.com.
As a financial professional, you may not be aware of what is going on in your elderly clients’ daily lives, but families sometimes find out about scammers who have victimized their loved ones. You could come across them too. An adult child of your client may mention a situation that is alarming or your clients may tell you themselves about this “great product” they’ve gotten. If it sounds odd, start asking questions.
Here’s an example:
According to the Waterloo Cedar Falls Courier, an adult daughter discovered that her aging parents were spending thousands of dollars on supplements to fix a wide range of health problems. The scammers were from Las Vegas based Leading Health Source, and they had taken advantage of the elderly couple’s vulnerability to their sales pitch. It might not have been so bad if they had simply sold the couple a reasonable amount of nutritional supplements. But over a period of 20 months Leading Health Source had ripped off the elders for more than $44,000, a sum they couldn’t afford.
This is the piece to which we, at AgingInvestors.com want you to pay the most attention. In this instance, the daughter took action. She went to bat for her aging parents, rather than doing nothing or considering it her parents’ problem.
Leading Edge was investigated after the daughter reported the large sum her parents had paid to them. The daughter had attended an event held by Iowa Fraud Fighters at Kirkwood Community College. Presumably, she learned there that she should file a complaint with the state Attorney General and she did so.
The outcome in this case was very good for the elders. The matter was settled, and the Attorney General’s office demanded that Leading Edge pay back everything the couple had paid to them. That meant getting a check from Leading Edge for more than $23,000 to start and having the remainder of the credit card charges reversed.
The Courier, source of this story reported that the Attorney General’s investigators found Leading Edge well aware that the people they were selling to in this case were easily manipulated. Their telemarketers’ handwritten notes indicated that the elderly woman involved had “memory” issues and that her husband had dementia.
What can you, the professional, just managing money or offering products to your aging clients learn from this?
First, note that memory issues and dementia in an aging couple is a setup for fraud and abuse. If you think your own client may have these issues, even a little, beware. You could be prosecuted if you proceed with transactions. If law enforcement is contacted or FINRA is involved, you will be scrutinized. It could be, in the above example that Leading Edge owners and principals didn’t know what their unscrupulous telemarketers were doing. Perhaps the telemarketers were motivated by a commission or other sales incentive and an easy opportunity presented itself with an easy sale. But the principals were held liable nonetheless. They either failed to supervise adequately or they looked the other way. They are consequently barred from doing business in Iowa.
The second thing to learn is that family of your client may be a very helpful asset to the ethical financial services professional trying to preserve capital for a client. Understand your client’s family relationships and whom to trust. When even a whiff of possible abuse happens, you can report it to the authorities. You don’t have to be right if you suspect something. You just have to be reasonable in what you think is reportable problem. It’s better to report it with the facts you do know and have it turn out to be a false alarm than to take the chance of not doing anything and have your client suffer the effect of theft and fraud.
Revise it with your name or firm name and you’ll look good by showing that you do care about their financial safety. You’ll never regret doing your part to thwart thieves and prevent financial elder abuse.
If you know someone who seems to have the same issues as Gertrude, you will be interested in Chapter 10 of my book 
We are very interested in financial planners, wealth managers, RIAs, CFPs, trust officers and others who have protected elderly clients from abuse or stopped it after they became aware of abuse or predatory practices. Without a fiduciary standard, inappropriate products are being sold to elders by some in the financial field. And that doesn’t even address the outside predators who seek out elderly victims. They’re everywhere. 
You’d think that after all our vets have sacrificed for our country that somehow slimy manipulators wouldn’t go after them specifically. But, sadly, vets are prime targets for so called “veteran’s advocates”, whose objective is to get their money. Here’s how they work:
Competition for clients has always been there, but as investors age, something you might not have anticipated can happen. The vultures are out there. Competition with you for their invested assets can become an increased threat when an older client’s judgment is compromised. With impaired judgment, they might fall for the “free meal” seminar, a device to get them to buy an inappropriate product.
