Will the Sunshine State Crack Down on Crimes against the Elderly?

Florida Governor Ron DeSantis signed a bill recently approving the creation of elder abuse fatality review teams.

These teams are authorized by Senate Bill 400, which permits, but doesn’t require the creation of elder death review teams in each of Florida’s 20 judicial circuits. The teams would review cases in their judicial circuit where abuse or neglect has been found to be linked to or the cause of an individual’s death.

The Naples Daily News’ recent article entitled “Deaths of Florida’s elderly who were abused or neglected to get increased scrutiny under new law” reports that for many years, the state has authorized teams to examine child deaths and domestic-violence deaths where abuse is involved. However, the state hasn’t had a comparable review when an elderly adult dies, even under suspicious circumstances.

State Senator Audrey Gibson, D-Jacksonville, has sponsored the bill for the last four years and remarked that it’s “incumbent upon us as a state” to review cases of elder abuse and to look for gaps in service and possible policy changes to better protect the elderly.

“It can help to reduce elder abuse, if somebody knows that it’s going to be up for review if something happens to that senior,” said Gibson, the Senate minority leader. “The other thing is to prevent what happened in the cases they’re reviewing, to keep that from happening to another senior.”

Elder advocates believe that the new elder death review teams could help decrease the number of cases of nursing home neglect and mistreatment, like those identified in a recent USA TODAY Network – Florida. The investigation looked at 54 nursing home deaths from 2013 through 2017 where state inspectors cited neglect and mistreatment as factors.

The investigation found that Florida’s Agency for Health Care Administration seldom investigated the deaths.

The new law states that these elder abuse fatality review teams can be established by state attorneys and would be part of the Department of Elder Affairs. They would be composed of volunteers and open to people from a variety of disciplines, such as law enforcement officers, elder law attorneys, prosecutors, judges, nurses and other elder care advocates.

The teams are restricted to looking at files that have been closed by the State Attorney’s Office, whether or not it resulted in criminal prosecution. Remarkably, state attorneys didn’t prosecute any of the 54 nursing home deaths reviewed in the network’s investigation.

Reference: Naples Daily News (June 11, 2020) “Deaths of Florida’s elderly who were abused or neglected to get increased scrutiny under new law”

Why are Medicare Scams Increasing in the COVID-19 Pandemic?

Medicare scams are increasing in the COVID-19 pandemic. Motley Fool’s recent article entitled “Seniors, Be Wary of These Medicare Scams During COVID-19” discusses some red flags you should look out for to avoid being a victim.

  1. Callers requesting your Medicare number. Medicare typically won’t call beneficiaries and randomly ask them to verify their benefits. If someone calls you and requests your Medicare ID number, don’t give them your information.
  2. Callers requesting your Social Security number. If a bad guy gets your Social Security number, he can do a number of things with that information, any of which will create headaches for you. This includes opening a credit card in your name and charging a lot of expenses on it. If you get a caller who says he’s a Medicare representative who needs your Social Security number to process a health claim, don’t give it to him.
  3. Email or phone calls asking you to send money. Medicare doesn’t sell prescriptions over the phone or ask seniors to pre-pay for services. If someone calls asking you to send money or give out credit card information, it’s a bogus caller.
  4. A promise for early access to a COVID-19 treatment or vaccine. Right now, there is no COVID-19 vaccine. There is also no mail-order treatment that you can stock up on to protect yourself in case you’re struck with the virus. Therefore, don’t believe a caller who says he’s from Medicare and is offering you a chance to get in on a groundbreaking medication. Don’t pay him or share your Medicare ID number during that conversation. When an effective vaccine is available, Medicare will pay for it and let you know how to get it.
  5. Someone at your door claiming to be from Medicare. Medicare doesn’t have sales reps. Therefore, if someone says they’re from Medicare, lock the door and demand that that person leave immediately. Call the police, if you need help.

When a lot of seniors are worried, isolated, and in financial straits, they don’t need to fall victim to a scam. Be prepared and be aware of what common fraud attempts look like. That way, you’ll be in a good position to protect yourself.

If you receive a suspicious email or phone call, report it at 1-800-MEDICARE. This might prevent another senior from falling victim to what could be an extremely dangerous trap.

Reference: Motley Fool (May 25, 2020) “Seniors, Be Wary of These Medicare Scams During COVID-19”

Elder Financial Abuse Is Increasing

A September 2018 Forbes report said that elder financial abuse would only get worse as we age. With 10,000 people turning age 65 every day for the decade, the demographics include a growing pool of potentially fragile retirees and the elderly, many of whom are susceptible to financial exploitation.

alphabetastock.coms recent article entitled “Elder Financial Abuse Is Rising” says that, although the criminals are out there, a lot of elder financial abuse actually begins in the retirement system, because individuals must accumulate and handle a large amount of money designed to last an entire lifetime. With $14.5 trillion in self-directed retirement accounts in the U.S., it’s a big, enticing target for financial predators.

Elder financial abuse includes all of the frauds and scams targeting seniors and because it’s a hidden crime, many victims opt not to report it. Those that do report the crimes, frequently don’t prosecute.

However, when it comes to trying to promote real changes that will provide some material protections, the investment, insurance, and financial services industries directly or indirectly have been showing some reticence about the potential compliance expense. Some of these companies are lobbying to maintain a status quo—one that’s on a course to see a steady rise in elder financial exploitation.

Many retirement investors think their professional financial advisors are fiduciaries who are legally bound to act in their best interests. However, that’s not always so. Many professional financial advisors need only adhere to a lower legal standard of behavior. They can’t outright tell you a lie—but they can make recommendations that don’t put the customer’s best interests as a top priority.

A GAO study found elder financial abuse to be a growing epidemic. Rather than being able to live out their golden years in safety and financial security, the lack of financial safeguards are leaving an entire (and growing) group of older Americans at risk. These seniors are often left on their own and confused as to how the advisors they entrusted with their financial security are permitted to make moves that are motivated by high commissions and self-interest. These so-called professionals aren’t required by the law to place interests of their clients ahead of their own.

Theft and illegal behavior is one small component of the elder financial exploitation. A bigger part comes from abusive financial practices, such as higher fees and complex and unsuitable advice and recommendations from professional financial advisors who aren’t fiduciaries.

Be sure that you are working with a financial professional who is a fiduciary. Ask your elder law attorney for recommendations.

Reference: alphabetastock.com (January 11, 2020) “Elder Financial Abuse Is Rising”

Fighting Elder Abuse in Iowa

The missing money came from years of work on the family’s farm. It was supposed to be passed to her father. ,However the money had gone to her half-sister’s bank account. As reported by Iowa Public Radio’s article “Elder Abuse Remains A Legal Challenge in Iowa,” it took months to figure it all out.

Morrison accuses her sister of forging documents and lying to their mother—who spoke little English—to get the money. However, it took nearly three years before the sister was charged with first degree theft for taking the money without authorization. It was a long, complex paper trail with a detective who kept putting her off, telling her that he had homicides and human trafficking to deal with.

Morrison had to fight tooth and nail the whole way. That doesn’t surprise Chantelle Smith, an assistant attorney general in Des Moines, who has worked on elder abuse cases for almost twenty years. She sees cases like this all the time, she said. They are challenging and time intensive for law enforcement, especially in rural areas. If there are only two officers and two detectives, they may not have the time to investigate an elder abuse case.

The National Council on Aging reports that one in ten adults over age 60 has experienced some form of abuse, whether it is financial, physical, or emotional. However, less than 5 percent of these cases actually reaches litigation after a complaint is made, according to a University of Iowa report. Numbers from the Department of Human Services have risen to nearly 5,300 for adults over 60, compared to 860 just five years ago.

The state attorney general’s office just completed a three-year program funded by a grant from the U.S. Department of Justice to combat elder abuse. 600 law enforcement agents, doctors, victim services providers and other professionals were trained on how to identify and investigate elder abuse.

The grant was also used to create a community response team, which puts people from different professions together for regular meetings on how to address these issues. The grant was also used to pilot a “Later in Life” program in Dallas County that trains specialists to find and provide services to victims over age 50.

Polk County, the most highly populated in Iowa, is the only county with a unit dedicated to elder and dependent adult abuse.

The executive director of the Crisis Intervention and Advocacy Center in Adel, Iowa, said that in the past 17 months, nearly 400 people have been helped in 12 mostly rural counties. The center has three elder abuse specialists, who help victims in moving out of abuser’s homes, get them to appointments and help them file police reports, if they wish to do so. Few victims are willing to file a police report, but in nearly all cases, the abuser is a family member. They are fearful of retaliation, and of getting family members in trouble with the law.

The program is in limbo, since the federal grant ended in September and the agency is waiting for news about an extension.

Reference: Iowa Public Radio (November 19, 2019) “Elder Abuse Remains A Legal Challenge in Iowa”

Think It’s Elder Abuse? Here’s What You Need to Know

If you take those numbers for a single county in California, and multiply them across the nation, you’ll get a clear understanding of how our nation is aging and the number of vulnerable people susceptible to elder abuse in the coming years. With the growth of older adults, the risk will grow, reports Event-News Enterprise in the article “How to Recognize, Prevent and Address Elder Abuse.”

There are a number of types of elder abuse: physical, emotional, neglect and financial abuse. Overmedicating a resident of a care facility is one form of physical abuse. Self-neglect occurs due to physical or mental decline or from the senior’s inability to pay for their medications.

It’s estimated that 11% of all elder abuse cases in the United States occur in California. Financial elder abuse is the fastest growing form of elder abuse in the country.

Elder abuse is also the most unreported crime. There are a few reasons for this: the senior is embarrassed at having been taking advantage of. When the abuser is a family member, or a caregiver, the senior is often afraid to report the person for fear of being harmed. They are reluctant to report a family member. And they are reluctant to report a person they have come to depend upon for care. Who will take care of them?

The most common types of elder abuse are the romance scam, the grandparent/friend/family member facing an immediate emergency, imposter scams (Social Security or IRS scams), employment scams and sweepstakes/lottery/prizes scams.

To combat elder abuse, reporting all and any types of abuse is critical. Physical elder abuse must be reported to Adult Protective Services (APS) or the local police department. Reports to APS are kept confidential. Anyone who is a victim of financial scam or fraud should contact the local law enforcement, APS or the Federal Trade Commission (FTC). Think of it this way: you are not only defending yourself, but you may be protecting someone else from being scammed.

Sometimes people can get their money back, but it is difficult. The best way to prevent elder abuse is to be educated and forewarned about the scams, so as not to become a victim.

Most nursing care facilities or hospitals have an ombudsman or patient representative office. Contact the office—most offer the ability to remain anonymous.

Elder abuse is a terrible shame, when people take advantage of those who are least able to protect themselves. With strong public outreach and education programs, seniors who are aware of the scams and their own vulnerabilities will be better protected and able to defend themselves.

Reference: Event-News Enterprise May 29, 2019 “How to Recognize, Prevent and Address Elder Abuse.”

What is Congress Doing for Seniors?

House Majority Leader Steny Hoyer, a Democrat from Maryland, informed the House Democratic Caucus in an April 25th “Dear Colleague” letter that he intends to bring H.R. 1994,the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, to the House floor in May.

Think Advisor’s recent article, “SECURE Act to Get House Vote in May,” explains that the SECURE Act passed the House Ways and Means Committee on April 2. There’s been action on the companion bill—the Retirement Enhancement and Savings Act (RESA) of 2019. That legislation has yet to be scheduled by the Senate Finance Committee.

In discussing the actions taken during the first 100 days of the 116th Congress, Representative Hoyer said that the House will soon take up H.R. 9, the Climate Action Now Act, “to affirm the principles of the Paris Climate Agreement, in spite of President Trump’s pledge to withdraw the United States.”

Hoyer signaled that a vote on the SECURE Act would follow “over the coming work period,” and noted that with the flood insurance program set to expire at the end of May, “I expect the House to take action to address that as well.”

Hoyer said in the next few weeks, “as committees continue to markup legislation, the House will also take up legislation to strengthen the Affordable Care Act and to address rising prescription drug costs.”

Another possibility for consideration in May by the full House is Financial Services Committee Chairwoman Maxine Waters’ Consumers First Act, H.R. 1500. That bill passed out of that committee on March 28. Waters’ bill is aimed at reversing the damage done to the Consumer Financial Protection Bureau, under former acting director Mick Mulvaney.

The Senior Security Act of 2019 would require the SEC to create a Senior Investor Taskforce. That bill could be up for a House vote very soon. The House docket also has a resolution on Supporting the Protection of Elders Through Financial Literacy.

The bill includes a provision requiring law enforcement and regulatory agencies to work together to understand and detect elder frauds and scams.

Reference: Think Advisor (April 29, 2019) “SECURE Act to Get House Vote in May”