Preventing financial abuse and exploitation of elderly parents

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Some have called elder abuse "the crime of the century". One of the few ways to stop financial elder abuse is to report it. If you suspect that this is happening to someone you care about, it is important to know what to do. Here are the steps you can take to report financial elder abuse.

Sadly, most abusers are family members. I have heard numerous people tell me that their aging loved one was being taken advantage of by a relative, but that they "didn't want to make trouble" for the relative, so they weren't going to get the police involved. This is frustrating for any lawyer to hear. In their minds, abuse is better than "making trouble."

I can't report it, as the names are kept secret from me by these individuals. Most often, they call to confirm their suspicions that a certain action sounds like financial elder abuse. I listen, I tell them it does sound suspicious, and to please call the Elder Abuse Hotline. Then, they do nothing.

Maybe you're one of those who do nothing, or perhaps you're considering reporting this crime, but don't know how to do it. If you think an elder in your life has been or is being abused, I can only urge you to speak up. You need details to make a useful report of financial abuse.

The process varies from state to state, but in most situations, law enforcement has a reporting form which allows you to make a report of abuse confidentially. In any report, whether written or verbal, certain essential information must be included in order to permit law enforcement to do its job.

You must name the elder whom you think is being abused, and identify the address where the elder can be found. You must name the suspected abuser, and provide that address if you have it. You are not required to give your name, but it can be helpful for you to answer law enforcement's questions as an investigation of the suspected abuse begins. If you report abuse, the matter will likely be referred for investigation, and an experienced investigator will contact you. If you are afraid of the suspected abuser, you can remain anonymous.

You will need to identify the location of any suspected actions which appear to you to be abuse, whether they are at the elder's home, or a facility caring for the elder. Next, you need to specify what you saw or heard that caused you to suspect abuse and when it occurred. General comments are not helpful to law enforcement. As an example, "My nephew has been ripping off his grandmother for years" is not as helpful information as "My nephew, John Smith, took his grandmother's checkbook, and I heard him threaten her if she didn't write him a check out of it last Sunday."

Law enforcement needs witnesses and other evidence to make its case against an abuser. Identify the witnesses who are aware of the suspected abuse. The more specific things you can provide, and the more witnesses you have to back you up, the better. The district attorney in your county or state has a better chance of stopping an abuser by getting him or her convicted of a crime if you can help provide the necessary evidence the D.A. can use in court.

If you believe that this crime is taking place, there is no easy way to stop it. Reporting it takes the matter out of your hands and puts it on law enforcement to protect the elder. We cannot stop the horrible effects of elder abuse unless we are willing to speak out and report the facts.

If the suspected abuser is a family member, it may be painful to meet your duty, but we encourage you to go forward and report this crime for the sake of protecting our vulnerable elders. Some elders are threatened and intimidated by their abusers and are too frightened to report the problem themselves.


Carolyn Rosenblatt is a registered nurse and attorney who has 40 years of experience. She is the author of "The Boomer's Guide to Aging Parents." Read her full biography

 
 

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  •  Comments 1 to 10 of 16 
 
 

I need some advice on dealing with an aging mother-in-law. The problem is more with fighting siblings than with Mom. A year ago, Mom fell and broke a hip. She spent 3 months in the hospital and then went home with one of her sons. His unemployed 30-ish daughter (Mom's granddaughter) was living with them and he felt she could help with Mom's care. After a month, the son's wife told me she wanted both the mother and daughter out of her house and a few of the sons (there are 8) started looking at alternative living arrangements. The oldest son (with the Power of Attorney) told Mom and the 5 youngest sons that Mom did not have enough money for assisted living and would have to go back to her home with the granddaughter to care for her. Unfortunately the decision was made by the three oldest sons with no negotiations. It was the answer to their problem of what to do with Mom and they no longer had to deal with the problem. Unfortunately, most of the sons either don't know what to do, don't care, or don't consider it their problem. There is a difference of opinion as to whether or not Mom needs 24 hour care or just through the night. Mom seems to love the attention, but when unaware someone is watching, actually does pretty well on her own. For various reasons, the granddaughter is not the ideal caregiver, who now wants weekend off and it is mandated by the second son that all 8 sons would switch off and take Mom on the weekends. We would take her to our house, but we live in a different city and both work days. Those of us who want a better situation for Mom are running into a brick wall with the three oldest sons. I have had people tell me that their parent went into a nursing home and only had to sign over their social security paycheck. I'm sure it is not that easy, but don't know where to start. Any help will be greatly appreciated.

 
 

SecretSister

Give a Hug

Jun 5, 2010

Daughterinlaw, you bring up some legitimate concerns, but nothing specifically indicating financial abuse, as outlined in the above article. Working things out with family members can be very tricky, and probably made more complicated with you being an "in-law." I can't give specific advice because I don't know all the details in your situation, but sifting through the threads here, one can learn a lot. There is no easy, one-size-fits-all answer. Best wishes for your MIL and family situation.

 
 

robert888

Give a Hug

Jun 5, 2010

LAWYERS - I have a bit of a problem with this article and it's slant and choice of words. For example, "Sadly, most abusers are family members." So what? It's also true that "most caregivers are family members." It pre-deposes nothing.

And what's with the "are you a do nothing" person bit? Most third-party persons cannot easily see what it takes "inside the home" to take care of frail elderly and the very normal challenges that come along with it.

I'm not saying don't report a crime, but I'd much rather see people putting in some effort to bring around an extra plate of lasagna, offer to pick up and take someone to the grocery store, etc. If you are close to those around you, then you'll know what is happening and not have to guess and hide behind anonymity and hotlines.

In our litigious society, it is only the lawyers that come out on top. I can just imagine an already stressed out caregiver having to deal with a knock on a door by some police officer or case worker, and having to explain something that is "not" happening.

Ms. Rosenblatt, I'm sure your heart is in the right place, but why not write an article here at "AgingCare.com" about how we caregivers can demonstrate we are not doing a "negative" in the face of an elder losing weight, falling and bruising, writing checks to scams, and how we might actually find the time to document a negative in the midst of already over-taxed lives.

We are caregivers here, not social workers needing to look out for other people's family, nor are we abusers. Are you up to the challenge?

Let's say I piss off my co-worker and he reports me out of spite and malice. Or even something more common, a distant sibling is looking out for the pot of gold and reports something in because they have no clue as to the day-to-day reality of an elderly person losing it all.

How in the world do I demonstrate to someone my dad is being well cared for? Shoot video? Open up his confidential medical records to some lawyer? Have a man with Alzheimer's write up a note? Invite the social worker and police officer over for dinner and have them try to get him to eat his vegetables? Ask the case manager to come mop up the pee on the floor in the morning and do his laundry before we go out to the movies together so that he doesn't smell? Reduce his meds so that he gets snippy at the cop?

Here's a title for you, "A Caregiver's Defense, When Others Don't Understand."

 
 

AlwaysMyDuty

Give a Hug

Jun 5, 2010

Elder abuse the crime of the century? What about the government and lawyers throwing a wide net that misses the worst cases on one end and on the other end, sticks their noses into what should just be a family's private business and God only knows about the in-between? SecretSister, Robert and I have been through the lawyer thing and it's not a pleasant experience. Just because a person is elderly doesn't mean they're automatically set up to be abused, but that's not the mindset of the government or some lawyers.
Robert makes a valid point about being reported. . . by anyone. It doesn't seem "you are presumed innocent until proven guilty" anymore.Get reported and you'd better get ready to fork over lots of cash so you can prove the allegations are false. You gotta pay those lawyers and possibly govt fines. Do you know how many people, especially caregivers, live in fear of being put in this position? My mother, when we didn't do what she wanted, threatened us with elder abuse. I only have contact with her through her attorney. I have no idea what she has in mind for me, I just have to wait and see .Add in a ruthless paid caregiver and the picture isn't pretty. I'm not seeing elder abuse here unless you're talking about what SHE is doing to me and my family. But I'm sure, according to the government and lawyers, she is a statistic and added to the roles of the abused.
It's gotten out of control and I'm not talking only about elder abuse. Nowadays, you have to watch every word, every action and often times, your own opinion, lest here comes the government and lawyers. A long time ago, I said the downfall of America would be greed of the almighty dollar. I don't think I'm too far off on this. But I'd like to add to this all the laws on the books that the majority of the citizenry doesn't even know about. Does every caregiver know every law that pertains to them? I doubt it.
Elder abuse the crime of the century? I can't agree.

 
 

SoAlone

Give a Hug

Jun 5, 2010

WE suspect my sister-in-law of having moms bank accounts and CD accounts renewed with her name as the second. I am sure MOM believes if she dies the sister-in-law will disperse with her 6 brothers equally but I don't think it works that way.

We don't want to press it or ask to take Mom to the banks to check it out because we don't want to look like we are worried about getting money when she dies. So we do nothing. It is a weird paranoid world. And with everyone living to be so much older it is only going to get worse.

I am sure Mom trust SIL completely but no one else does. But who wants to start a mess or fight when Mom is already in a home and depressed.

 
 

SecretSister

Give a Hug

Jun 5, 2010

No good deed goes unpunished. Add insult to injury, and get accused of abuse. NO ONE is precious, NOTHING is protected, family is not sacred, but it costs everyone. What a mess our system is, and a sad reflection on society and individuals. We grieve, and need to work, because our rights are being eroded away. Time to wake up and do something about our broken system. WE THE PEOPLE need to do something, and not expect "someone" to do it for us. We know we CANNOT depend on the government.

 
 

SoAlone

Give a Hug

Jun 5, 2010

But there is a lot of elder abuse to go along with the caregiver abuse.
I think it is important that there be some way for elders to get help if they are abused.
I know a lady who has 2 daughters and they YELL at their mother. These two daughters are in their 40s and 50s have families of their own. Are very respected in the community and own their own businesses. They are very well off financially. Their mother has plenty of money to pay for care but the daughters, when they get around their mother act like complete and utter crazy people.
Now that their dad is gone(died) they treat their mother like she is an imbecile and when they get mad instead of leaving they YELL at her.

Neglect would be better.

No one in the community would believe how she is treated by these "wonderful" daughters. Now her son has recently died and the older women is extremely depressed and in fragile condition. The daughters moved her to ALF and are selling her house and everything in it. The mother just says she doesn't care anymore and just wants to die and be out of the way. the one daughter packed up all the moms clothes in just one hour and put them in garbage bags and took them to goodwill."
The mom went back to get some underwear and every speck of her clothes were gone.
Just another indication to her that they want her gone. She didn't really care. She is so depressed over her son's death (within past few months) that the daughters are using it as an opportunity to push everything thru as fast as possible to make sure she cannot go back home.
It is abuse and it is sickening. Especially since these 2 daughters have so many resources to help themselves and their mother.

If the mother questions anything or asks anyone else for help the daughters RAGE at her until she is in submission. She asked a person who was going to the post office at the ALF to get her some stamps and writing materials and the one daughter through a holy fit.... Why????

She asked another person at the ALF who still had a car to drive - to take her to the bank so she could look in her lock box and again the daughter found out and went into a RAGE and had the mother crying and afraid she would get no more visits.

You want to help and you want to report it, but you don't want to cause trouble or make it to where the daughters won't pay attention either.

My dad treats me like a servant sometimes and is rude sometimes and sometimes I'd like to get mad and yell at him but I never would and a I certainly wouldn't lose it like these people do.

How do you report something like this. They are not physically hurting her but they are breaking her spirit and they don't even care that their own brother died and are using it to "get things done"

 
 

castoff

Give a Hug

Jun 6, 2010

Keep up with this caregiver witch hunt and we may all abandon our loved ones to preserve ourselves.
Will you make it impossible to care for someone that has BPD or worse and turn them loose on society so the REAL abusers can REALLY take advantage of them?????
In my investigations I have found plenty of safeguards for the elder but very few for the caregiver.
We have to log everthing that happens or is said just to COBs. Add an evil elder into the mix and we may as well be slashing our wrists.
I don't doubt that abuse happens and needs to be addressed but caregivers are also abused and I take offense to this witch hunt.
ENOUGH!!!!
SoAlone,
Someone at the ALZ should respond to the lady's needs. I would think the admin. will report the daughters if they witness abuse. You can report it yourself but if you falsely accuse then you will have to answer to God for it. You had better be sure that the elder mom is not like my deceptive little con artist.
You've NEVER gotten angry with your dad or argued with him???? You are a much better person than I.

 
 

AlwaysMyDuty

Give a Hug

Jun 6, 2010

godhelpus, BRAVO!!!!! A witch hunt it is. I remember all the vile things my mom said to me over the years, did I cry "offspring abuse"? No. But I told mom one time to watch her spending so she'll have money to live on in the future and I got screamed at and accused of wanting her money for myself AND yelling that preventing her from spending is elder abuse. Puleeze! She told me if I didn't do what she wanted, she'd get me. She revoked my son's and my POA, wrote us out her will, disowned all of us and took up with the paid caregiver. So, yes, I guess she got me.
SoAlone, could be the lady you know and her daughters have an unpleasant past history. Her daughters my indeed have pent up rage towards their mom for some reason not meant for outsiders to know.
There could've been bad feelings betweem the brother and sisters. It's your right to report people if you want, but I agree with godhelpus, you'd better know everything about the situation before you report these ladies. Would the mother, your friend, want you to report her daughters? Would you want to be reported? If any of us has an arguement with our parent and raises our voice, should we be reported?

 
 

castoff

Give a Hug

Jun 9, 2010

I have spent lots of my money on my mom regularly. The microwave, the TV, the air purifier, canopener, etc. etc. etc. on and on. That is not subject to scrutiny but if I were to spend any of her money on anything besides groceries it would be under scrutiny?
She has repeatedly asked me to "take the credit card and get yourself something nice for your birthday (aniversary etc.)". I resist doing that because on a bad day she may accuse me of stealing.
"Did you get yourself something for your anniversary?". "Yes mom, I ordered some pillows & got one for you too". Is that going to come back to bite me???? Should I go to prison for pillows?
For the first time after 11yrs of being her chaufer I purchased a tank of fuel with her credit card. Is that going to come back to bite me?
Want to report me????
I've work for 11 years downsizing her life to keep it clean and organized so she could exist in a clean and well maintained environmet and I could do what I need to do for her in said environment. This while my own home turns into her personal storage unit and I am overwhelmed in my own space. She is prepared to receive visitors while I am not. Have I stolen from her? Do I want this stuff that's suffocating me and my husband? Should I go to jail for this? Mom says to sell it but dare I???
Do I need to get a signed and notarized affidavit?????
NO GOOD DEED GOES UNPUNISHED INDEED!!!!!!!!
WHAT KIND OF ABUSE IS THIS AGAIN?????

 
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