Elder Financial Exploitation from a Prosecutor’s Perspective Estate Planning Council of South King County July 23, 2014.

Elder Financial Exploitation from a Prosecutor’s PerspectiveEstate Planning Council of South King County

July 23, 2014

• Page Ulrey• Senior Deputy Prosecuting Attorney• Elder Abuse Project• King County Prosecutor’s Office• Seattle, Washington

King County Prosecutor’s OfficeElder Abuse Project

• Prosecutes cases of elder financial exploitation, neglect, sexual assault, and homicide

• Trains first responders, medical community, and public

• Works to improve systemic response to elder abuse

Source: NYS Elder Abuse Prevalence Study; Weill Cornell Medical College, NYC Department for the Aging; Lifespan; (2011)

another twenty-three cases never come to light.

23

For every one case that is reported,

1

Elder Abuse, Neglect, and Exploitation

Even mild abuse, neglect, or exploitation increase premature deaths

in the elderly by 300%.

Mark Lachs, MD

Dementia

• 6th leading cause of death in U.S.• One in eight older Americans suffers

from it• Of those, one in seven live alone• Of those, up to half do not have a

caregiver

Alzheimer’s Association

Almost 50% of people with dementia experience some form of abuse.

Cooper, C., Selwood, A., Blanchard, M., Walker, Z., Blizard, R., & Livingston, G.

Most Common Methods of Committing Elder Financial Exploitation

• Abuse of fiduciary relationship

– Power of Attorney

– Guardianship

• Undue Influence

Abuse of Power of Attorney and Guardianship

• Are often misperceived as family or civil matters

• Are Theft

Undue Influence

• Pattern of manipulative behaviors similar to “grooming”

• Involving victims who often have some degree of dementia

• Done in order to obtain victim’s “consent” to turn over assets to perpetrator

• Example: Leonard’s case

Cases of Financial Exploitation by Undue Influence

• Are less likely to be reported

• Easily misperceived as consensual– Less likely to be investigated by APS and law

enforcement– Less likely to be prosecuted

Most Common Perpetratorsof Elder Financial Exploitation

• Caregivers• Family members, friends, or others who

victim trusts• Accountants, attorneys, or other professionals

who are handling victim’s money• Stranger who targets elder, befriends him /

her in order to gain trust

Some Victim Characteristics

• Lonely, isolated• Grieving (loss of partner or spouse)• Recent diagnosis of serious medical condition• Unsophisticated, uninformed• Cognitively impaired• Drug-addicted, alcoholic• Fatigued, distracted• Frightened• Dependent

Victim Signs of Financial Exploitation

• Has new “best friend” or love interest• Estrangement from friends, family• Significant change in spending patterns• Non-payment of bills• No longer handles own finances• Change of Power of Attorney• Missed medical appointments• Deterioration in care, self-care

What You Can Do

• Consider– The possibility that exploitation, abuse or

neglect may be occurring

• If you’re not sure what’s going on– Speak to the elder alone, away from the

suspect

What You Can Do

• Ask elder, in their own words, to:– Describe the transaction

– Explain why they want to do it

– Ask them for information about their relationship to the suspect

– Call PoA or other close family member if possible

What You Can Do

• Report– Call Adult Protective Services

• 206-341-7660

– Call the police

– Do this even if you’re not sure

– Don’t give up!

Immunity

• A person participating in good faith in making a report or testifying... in a judicial or administrative proceeding under this chapter is immune from liability resulting from the report or testimony.

• RCW 74.34.050(1)

What You Can Do

• Document– Your concerns

– Any signs of the elder’s cognitive impairment

– Concerns about behavior of suspect

– Quotes from elder, suspect

King County’s Annual Elder Abuse Conference

• October 30, 2014

• Criminal Justice Training Center

• Taking a Closer Look: Financial Exploitation of Elders and Adults with Disabilities

Feel Free to Contact Me

Page Ulrey

[email protected]

(206)477-1943