Elder fraud and financial exploitation have become an epidemic. As a Nashville elder law attorney, I am seeing more than ever before, con artists and family members alike taking advantage of their elderly relatives, friends, or neighbors. The numbers have only gotten worse with the Covid-19 pandemic and a larger aging population.
The best defense against elder fraud is having caring friends or family with the senior’s best interests at heart. But those friends and family can only prevent elder fraud if they know how to spot it.
What is Elder Fraud?
Broadly defined, elder fraud is when someone improperly (or illegally) uses or steals a vulnerable senior’s assets. Every state has a different definition of “elder fraud” or “financial exploitation” of an elderly person. In Tennessee, financial exploitation of elders or other vulnerable adults can be prosecuted under criminal and civil laws. Edler fraud is a form of Elder Abuse.
The 3 Common Financial Scams that Victimize Seniors
A recent survey identified the three most common scenarios of financial exploitation:
Theft or diversion of funds or property by family members.
Diversion of funds or property by caregivers.
Financial scams perpetrated by strangers.
In the two most common scenarios of financial exploitation, the fraud is committed by someone who knows the elderly person. Most people think of fraud as emails from Nigerian princes or telephone scams. In reality, however, financial exploitation is commonly perpetrated by family and friends.
Another common misconception is that adults are only susceptible to elder fraud if they have a condition that can affect memory and reasoning skills. According to the Alzheimer’s Association, 15-20% of elders 65 and older have some type of mild cognitive impairment. But it is important to recognize that any senior can fall victim to elder fraud, and many do.
How Can I Help a Senior Avoid Being Scammed?
There are a number of things you can do to help prevent your loved one from being taken advantage of. Start by educating them on the tell-tale signs of elder fraud and how to protect themselves.
Most importantly, if you are concerned that a loved one is being targeted by a financial predator or a loved one with bad intentions, you should seek help as soon as possible. That may mean calling the police, your loved one’s attorney, and in some cases, even the FBI.
As an Elder Law Attorney in Nashville, I am here to guide you through any of the issues that you may be facing. To schedule an appointment, simply call schedule a free 15-minute Initial Call and we’ll see if we can provide you with some guidance on what to do to help you avoid common scams that victimize seniors.
Many of our Nashville elder law clients wish to remain in their own homes for as long as possible. With the advances in medications, treatments, and home healthcare options, more people are able to stay in their own homes. Whether you are looking for a home healthcare provider in Middle Tennessee for yourself or a loved one, here are some great guidelines to follow:
1. Determine what level of care is needed.
The level of care that you need is the most important determination when you want to hire a home healthcare provider. This factor will affect many other decisions. For example, are you or your loved one dealing with a specific ailment? If so, it may be preferable to choose a provider or agency with experience in that field. Additionally, do you need round-the-clock care, someone to come a few hours a day, or something else entirely? There are adult day programs that can provide an outlet for social activities and certain therapies. Adult day programs can be used on their own or in conjunction with a home healthcare provider. You may wish to ask your elder lawyer for a list of possible facilities in the greater Nashville area or you can access statewide resources on the Tennessee Department of Human Services website.
2. Understand the difference between Home Healthcare and In-Home Care.
Home healthcare is provided to those recovering from surgery or hospitalization, or those needing continuous medical care. These services include skilled nursing care, physical therapy, occupational therapy, speech therapy, and administration of medication. In-home care on the other hand provides ongoing non-medical assistance following illness or surgery or for chronic disease or disability.
3. Decide if you want to hire someone on your own or if you want to go through an agency.
There are advantages and disadvantages to both options. If you choose to do it on your own, you will likely have more say in who will be providing the direct care, as well as what services he or she will provide, but you will be responsible for handling payroll and taxes. On the other hand, an agency will be able to screen applicants thoroughly and can handle payroll and other paperwork for you.
4. Ascertain how you will pay for the home healthcare services.
An experienced elder attorney can point you toward various resources, depending on your needs. You or your loved one may have long-term care insurance set up for just this situation, or you may be looking to Medicare, Veterans Administration, and/or TennCare/Medicaid to assist with the costs. Medicare will only pay for home healthcare, but not in-home care.
One step at a time
Deciding to hire a home healthcare provider in Middle Tennessee is a big job. Break things down into manageable objectives and avoid becoming overwhelmed. At any point in the process, an experienced estate planning and elder law attorney in the Nashville area will be able to offer practical advice and suggestions. If you are unsure about what to do consider scheduling an hour-long Strategy Session and get legal advice from our attorney. We also have a planning tool called the “Care and Savings Assessment”. We use this tool to help our clients qualify for TennCare.
Many people have sufficient income to maintain a regular lifestyle but are unable to afford the high cost of long-term care. With the average cost of long-term care around $7,000.00 a month, it is incredibly difficult for most families to afford it, even more so after retirement. That’s why it’s a good idea to plan for qualifying for TennCare, also known as Medicaid.
Evaluate and restructure your assets to qualify for TennCare
It’s worthwhile to know how to qualify for TennCare
As we discussed in our blog last week, there are certain criteria you need to meet to be eligible for TennCare. As an elder law attorney, one of my jobs is to help families get their loved ones qualified for TennCare while maintaining resources available for the rest of the household.
One of the ways that we do this is by restructuring a family’s assets. We do this by turning resources that are countable for TennCare purposes into items that TennCare does not count as part of its eligibility assessment
This process is known in the elder law community as a spend-down. The goal of the spend-down is to make you or your loved one eligible for TennCare as far as your assets are concerned. If you are overqualified for income-based criteria, we can use a special type of trust called a Qualified Income Trust, or a Miller Trust, to reduce your income. The goal of a spend-down is to maintain the quality of life for all family members including those who need long-term care.
Bob might benefit from purchasing a quality mobility device
What is a “spend-down”?
For example…
Bob needs to go into long-term care. Bob is eligible based on his income. He makes $2,000.00 a month of social security retirement income. Bob also has a house, a car, and $50,000.00 in the bank. Bob is widowed and his children are adults.
We need to do something with at least $48,000.00 from Bob’s bank account in order to make him eligible for TennCare. His house and his car are not countable for TennCare purposes in most cases. What can we do?
Make improvements to his home that would improve his quality of life and access to the things that he needed in the home. This might include:
Grab bars in the shower or hallway.
A ramp into the main entrances.
Paving the driveway or expanding it closer to the door
Widening doors
Buy some things for Bob that his Medicare did not cover, such as:
Hearing aids
Dentures
Eyeglasses
Top of the line mobility devices
There may be other things that would improve Bob’s quality of life. There are things we can spend money on or convert into income. I am also going to suggest to everyone that they use the money to make arrangements for end-of-life needs if they have not done so already. Since at some point Bob’s children will need to make arrangements for his burial or cremation, paying for it now from his excess funds is a great way to make those funds unavailable for TennCare purposes and meet a future need.
Bob has peace of mind because he has plans in place for long-term care
Bob might want a Care and Savings Assessment
It’s not easy getting approved for TennCare / Medicaid, and we know it! That’s why we offer help in planning your steps to qualify. It doesn’t matter what your starting point is, we’re here to help you navigate the process with one goal: get our clients the quality of care that they need. Contact us if you would like to make plans for qualifying for TennCare.
Last week I discussed the types of scams used to take your money! This week I want to share with you some methods that can help you beat the scammers at their game.
The first step in protecting yourself from scammers is to crawl under a rock… I’m just joking! But seriously, scammers are everywhere and target everyone. But the easier it is to find your information, the easier it is for them to contact you. Here are some things you can do today:
Opt out of “people” search engines. Here are the basic steps for opting out of people search engines: – First: Do an internet search on yourself. Where is your information listed? – Next: Find your listing on each website. Once you have the listing, write down the URL or ID number. – Finally: Use the IRL or ID for your listing and enter them into the opt out pages for each search engine.
Here are a few of the people search engine links to get you started:
While it may take a little time and effort, it is beneficial to your sanity to request your information be taken off of these websites!
Unsubscribe from email listings whenever possible. If you find you are suddenly getting emails for a business or organization you didn’t sign up for, simply label it “Junk” and move on. Your email provider will take care of the rest.
Do a privacy check up on your social media accounts. Set high limits on security and privacy on your social media accounts. Don’t let strangers message you. Unfriend anyone you don’t personally know.
The next step in fortifying your finances is to be overly cautious when talking to people you don’t know.
Don’t answer phone calls from numbers that are not programmed into your contacts. If it’s important, they will leave you a voicemail. If you accidentally answer the phone and you have no idea who is calling, don’t say anything other than normal pleasantries such as “hello” or “oh, that’s interesting”. Have a “refusal” script handy near the phone. It’s perfectly okay to say “I have to go now…” and simply hang up.
Create a “secret word” – The easiest way to protect yourself from a telemarketing or grandparent scam is to create a secret word. A secret word is a “code word” or phrase that only your loved ones will know. If the caller doesn’t know the secret word, then they don’t know you.
Follow the proper channels for communicating with government services. The IRS, Medicare, and Social Security will never call you! Nor will any correspondence be an emergency! There’s too much bureaucracy for urgency. For example, if the IRS wants to get in touch, they will send an official letter. That guy on the phone telling you that you owe past taxes and will go to jail is not from the IRS- he’s a scammer! And finally, never give your Medicare or Social Security information over the phone unless you initiated the phone call directly to the agency.
And finally here are some other very smart ways to stop scams:
Never click on a link within an email. I know this is a hard and fast rule, but the extra time it takes to navigate to a website outside of your email is worth your financial safety.
Don’t rush into making major financial decisions. Shop around and do your research before altering your home mortgage, making major home repairs, or changing your investments. Review all contracts until you are comfortable that you understand what you are required to do, what the other party must do, and what happens if something goes wrong. And finally, don’t hesitate to have someone else review your important documents.
Subscribe to a fraud monitoring plan. If you don’t want to fuss around with monitoring your credit or data on the web use a credit monitoring subscription instead. Companies such as LifeLock and EverSafe offer paid subscriptions that monitor your information and alert you to suspicious activity.
Set up safeguards at the bank. If someone else assists you with making purchases, consider giving them a credit or debit card with pre-set limits. Additionally, make sure your caregiver is being paid a fair wage and has fair amounts of time off- this will reduce the financial pressure on them to steal.
Create a trust. Creating a trust is a great way to have control over what happens to your assets, especially if you become incapacitated. Trusts aren’t easy to change and provide rules and limitations over who has access to your assets.
If possible, hire a team. Life is much less complicated when you have a professional accountant, financial advisor, and attorney on your side. Leave the legal and financial details to the people who keep up to date on the current federal rules and regulations.
And most importantly: Do not become isolated. No one gets through life alone. We all need a village to help more or less at certain stages of life. Just like you would have a neighbor keep an eye on your house during vacation, having a support system keeping an eye out for you is always a good thing. And you can do the same for them!
I hope this list has motivated you to reassess your financial security measures. There are so many actions that you can do today! Which one are you going to do first?
If you’re looking for an attorney who focuses on Elder Law, please don’t hesitate to reach out. It costs nothing to schedule a 15 minute consultation with the team at GALS!
As we gracefully age, we become targets for some crafty criminals who will entice you to give them your personal information and money. Most of the time we don’t realize it’s happening until it’s too late! Here’s a detailed list of the top scams commonly used on older adults to take their money.
1. Telephone Scams on the Elderly
Grandparent scam
This is one of the most popular telephone scams on older adults. It is a sinister scam as it preys on your emotions. Basically, a con artist will call posing as a frantic family member who is in serious distress or trouble. They may also pretend to be a lawyer or police officer that is calling on the behalf of the troubled grandchild. The goal is to get you to wire money immediately or give a bunch of cash to a courier. If successful, the scammers will likely continue to call for money.
Charity scam
If you receive a phone call asking you to donate to a charity for a recent disaster, it is likely a scam. Do your research and only donate to charities you’ve fully vetted.
Government impersonation
The IRS, Medicare, Social Security or other government offices will never call you! For example, if a fake IRS agent calls you with aggressive threats saying you owe money and must pay immediately, it is a scam! The government does not contact people this way and they don’t work this fast either (we all know this from personal experience). Typically, the government will contact you via USPS mail.
Unexpected prize and lottery scams
These scams bait you into thinking you must pay a “fee” to collect a prize you’ve won. This scam relies on you forgetting that you have entered the competition. These scams can come at you via telephone, email, mail, text message and social media.
Tech support scams
If you receive a phone call from someone claiming to be tech support, hang up! In this scam, someone will contact you via phone, pop-up, or email saying you have a security breach within your computer. They will ask you for your username and password or ask you for permission to remotely take over your computer. The goal of the scammer is to find your confidential information and use it to take your money!
2. Computer Scams on Older Adults
SMS or email phishing scams
Phishing scams come from well-known sources such as your bank or investment company. These messages look legit and prompt you to click on links that redirect to fake websites. Once you enter your username and password into the fake website, the hackers have your credentials and have control over your accounts.
Malware and ransomware
You will see this scam in emails and on social media. The goal of the scammer is to get you to click on a link in an email or an interesting article. Once you are on their website, they will ask you to download some software. Unfortunately the software contains a virus designed to steal your personal information. Sometimes the hacker will hold the information on your computer “hostage” until you pay a ransom. If you pay the ransom, there is no guarantee your computer will be unlocked.
Romance scams
There are a lot of scammers who pretend to be looking for love on social networking and dating apps. These scammers use a fake identity and manipulate you into giving them your money!
3. Fraudulent Business that Target Older Adults
Legitimate services with illegitimate businesses
As an older adult you will be heavily marketed for a reverse mortgage, credit repair, or refinancing. There are a lot of fake businesses that will offer you free homes, investment opportunities, and foreclosure or refinance assistance. If it’s too good to be true, it probably is!
Counterfeit prescription drugs
Not only does this scam hurt your wallet, it hurts your health. There are a lot of fake websites that are more than happy to sell you counterfeit prescriptions.
Fake Anti-aging products that scam older adults
Online shopping has made it easier for criminals to sell you anti-aging cosmetics. Unfortunately you might be buying a product that contains arsenic, beryllium, cadmium, aluminum, and biological contaminants. These products are unsafe and really gross!
4. Tricky People who “Help” Older Adults
Caregivers who scam the elderly
It’s natural to trust those who are close to you. This includes hired help and family members or friends who provide you with caregiving services. Unfortunately there are tricky people out there who will manipulate or outright steal your money and possessions.
Financial advisors
While most financial advisors are trustworthy, there are a few rotten ones out there that like to scam older adults. These “advisors” might make trades that line their pocket yet empty yours. They might try to involve you in a Ponzi scheme, promise unrealistic returns, or simply walk off with your money because they aren’t who they say they are.
Home repair
Beware the door-to-door salesman offering to repair your roof for cheap because they have leftover material from another job. Also beware the “repairman” who asks to inspect your home without you asking. These scammers want you to pay cash up front and are not bonded and insured. Never prepay for services you might not receive!
Funeral extortion
Another tricky person is the funeral director who tries to sell you something you don’t need such as a casket when your loved one is being cremated. These funeral directors are counting on you being confused because of your grief and loss.
In Conclusion
While this list was fairly detailed, it is not exhaustive! New methods to scam older adults appear every day. Make it a habit to check the federal agency websites to stay up to date about current financial scams. I want you to be aware of what’s out there!
And finally, I want you to think:
What steps are you taking to prevent yourself from becoming a victim of financial fraud?
Do you have a financial inventory? Are you aware of what you could lose?
Do you have a plan for protecting your finances in the future?
In my next blog I will discuss several methods you can use to protect yourself and your money!
October is Fraud and Financial Awareness Month. For this reason, I think it is a great time to share with you some information about elder abuse and financial scams. As you know, our firm assists a lot of older or vulnerable adults and we enjoy being able to help protect individuals and families from harm. Over the next few weeks, I will introduce the topic of elder abuse and discuss who is at risk. I will also explain why older adults are often a target of abuse and the various types of scams used. Finally, I talk about what to watch for and some ideas on how you can protect those around you.
How common is elder abuse in America?
There are higher rates of elder abuse in the United States than in most countries. The National Council on Aging reported that about 10% of older Americans have experienced some form of elder abuse, with many of the victims exploited more than once. Unfortunately, a high percentage of these crimes go unreported. Therefore it is estimated that only 1 in 24 instances of abuse are actually reported. Understandably, these are alarming statistics!
[A] single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. This type of violence constitutes a violation of human rights and includes physical, sexual, psychological, and emotional abuse; financial and material abuse; abandonment; neglect; and serious loss of dignity and respect.
Who is at risk for elder abuse?
Many older adults experience medical conditions that can lead to a reliance on a larger network of people to assist with day-to-day activities. This leaves the elder exposed to more opportunities for elder abuse. Unfortunately, this is all too common. Many of us have heard stories about friends and family members being victims. Below is a list of those who are at higher risk for elder abuse:
Individuals who live with mental or physical disabilities.
Widowed women.
An elder who lives with someone who is financially dependent on, emotionally disconnected with or resentful of the vulnerable adult.
Socially isolated individuals.
An elder who lacks familial connections or financial means.
Elders who live in institutions or long-term care facilities.
Do you know an aging person who has been exploited or neglected?
Can you think of an instance where an elderly person in your network has been taken advantage of? Is someone in your family receiving phone calls demanding them to pay back taxes? Has a relative suddenly started dating a prince overseas?
These situations are just a fraction of the examples of elder abuse. The rest of the posts this month will go over the most common ways elders are financially exploited, how to spot tricky behavior from others, and what to do if you or someone you care about is a victim.
