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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
