Elder Abuse and Neglect

Q. What is financial elder abuse?
A. Financial abuse occurs “when any person or entity takes, secretes, appropriates or retains real or personal property of an elder or dependent adult with the intent to wrongfully use or defraud, or who assists in doing so.”

Q. What is physical elder abuse?
A. This summary comes from the National Center on Elder Abuse (NCEA): Physical abuse is force that causes injury or pain. Striking, hitting, beating, pushing, shoving, shaking, slapping, or kicking are considered physical abuse. Abuse can also involve the inappropriate use of physical restraints, which include tie–downs or straps. Elders should not be given drugs to restrain them, unless these medications are necessary to treat their medical symptoms. If a nursing home or hospital patient is in severe pain, providing inadequate pain medication may also constitute elder abuse. Similarly, failing to administer prescribed drugs may be neglect or physical abuse. The symptoms of physical abuse are numerous. Some telltale signs include:

• bruises, especially in clusters or regular patterns in areas such as the neck or groin;
• black eyes, welts, lacerations, rope marks, bone fractures, broken bones, skull fractures, open wounds, cuts, punctures and untreated injuries in various stages of healing;
• burns (commonly on soles, palms, or buttocks);
• laboratory evidence of medication overdose or failure to administer prescribed drugs;
• an elder’s report of abuse;
• an elder’s sudden withdrawn behavior, or the refusal of the caretaker to allow visitors to see the elder alone.

Q. What are the warning signs of financial elder abuse?
A. Financial elder abuse takes many forms, for example:

• unauthorized access to an elder’s Social Security checks, pension payments, bank accounts or credit cards
• excessive charges for rent or for basic care or services
• improper use of power of attorney of fiduciary authority to alter an elder’s will, dispose of assets, or borrow money
• various fraudulent schemes, such as convincing the elder that her child was been injured and needs money, persuading the elder to buy something under false pretenses, telling the elder that she has won a fake prize, performing unsolicited work for the elder and demanding payment

What is the problem with reverse mortgages, annuities and trust mills? In the past few years there has been a dramatic increase in the number people preying on seniors through the sale of improper reverse mortgages, annuities and trusts. Reverse mortgages sound like a great option for those with a lot of equity in their home but no cash, but they are rarely an economical option. Seniors need to be wary when someone tries to sell them annuities as part of their estate plan; often they are written in such a way that the senior will not see the benefit of their investment. It is not uncommon for trust mills — organizations without attorneys that generate generic trusts for unwitting clients — to try to sell these annuities as part of an estate plan. Buyer beware. All of these options include expensive fees and don’t accomplish for the senior what they are intended to accomplish.

Q. Where do I go if I suspect elder abuse?
A. If you suspect that someone you know has been the victim of financial elder abuse, you should report it to the authorities. Contra Costa County’s Adult Protective Services (APS) and the District Attorney can and will investigate allegations of Financial Elder Abuse. The Schofield Law Group will help you through this process, and, if appropriate, help bring a civil case on the elder’s behalf. We encourage you to contact our office for a consultation. In some circumstances, we will take cases on a contingency basis.