What is Financial Exploitation

Apr 30, 2016

By Elder Law Attorney Rick Law of the Estate Planning Center at Law Elder Law in Aurora, IL.  Law Elder Law is a multi-generational firm serving the suburbs of Chicago in Illinois.

The definition of financial exploitation may vary based on your location in the US, but there are some standard, common sense red flags to watch for.

I have seen this type of abuse far too many times, so it’s always best to err on the side of caution when dealing with the finances of your family, a loved one with special needs, or an aging loved one.  That’s where a qualified and experienced Elder Law and Estate Planning Attorney comes in – Law Elder Law may be uniquely qualified to help you find peace of mind.

According to the National Adult Protective Services Association, “Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his/her own personal benefit. This frequently occurs without the explicit knowledge or consent of a senior or disabled adult, depriving him/her of vital financial resources for his/her personal needs. Assets are commonly taken via forms of deception, false pretenses, coercion, harassment, duress and threats.

These are commonly reported forms of financial exploitation reported to Adult Protective Services agencies:

• Theft: involves assets taken without knowledge, consent or authorization; may include taking of cash, valuables, medications other personal property.
• Fraud: involves acts of dishonesty by persons entrusted to manage assets but appropriate assets for unintended uses; may include falsification of records, forgeries, unauthorized check-writing, and Ponzi-type financial schemes.
• Real Estate: involves unauthorized sales, transfers or changes to property title(s); may include unauthorized or invalid changes to estate documents.
• Contractor: includes building contractors or handymen who receive payment(s) for building repairs, but fail to initiate or complete project; may include invalid liens by contractors.
• Lottery scams: involves payments (or transfer of funds) to collect unclaimed property or “prizes” from lotteries or sweepstakes.
• Electronic: includes “phishing” e-mail messages to trick persons into unwittingly surrendering bank passwords; may include faxes, wire transfers, telephonic communications.
• Mortgage: includes financial products which are unaffordable or out-of-compliance with regulatory requirements; may include loans issued against property by unauthorized parties.
• Investment: includes investments made without knowledge or consent; may include high-fee funds (front or back-loaded) or excessive trading activity to generate commissions for financial advisors.
• Insurance: involves sales of inappropriate products, such as a thirty-year annuity for a very elderly person; may include unauthorized trading of life insurance policies.”

Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options!

Sincerely,

Rick L. Law, Attorney, Estate Planner for Retirees.

Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!