Estate Planning & Elder Law Blog
In the digital age, identity theft has taken on new and sinister forms, extending beyond the living to the deceased. When a loved one passes away, their identity doesn’t simply vanish; it lingers in both the digital realm and on paper, presenting opportunities for fraudulent activity.
People preying on the elderly to get at their life savings, unfortunately, has become a common occurrence in today’s society. We have all heard stories about an elderly person being targeted and falling victim to an unscrupulous con artist. It is a sobering reality that everyone and their families need to prepare for as they age. When it is a family member who is suspected as the one taking advantage of their parent it puts this problem in a whole different light. What should you do if you suspect a family member of financial elder abuse?
In 2021, Michigan passed the Financial Exploitation Prevention Act (FEPA or Act) which took effect last September. FEPA sets forth new requirements on financial institutions to report financial exploitation of vulnerable adults to adult protective services and law enforcement in Michigan, and was a result of work led by the Department of Attorney General’s Elder Abuse Task Force.
This article was originally published in September 2019 and has since been updated with more current information.
To say that last year’s 2020 holiday season was strange and exhausting would be a massive understatement. With the pandemic raging out of control and the COVID vaccine unavailable to most, many families had to settle for Zoom parties in place of visiting with loved ones.
Even worse, grandparents and other family members more at risk of severe COVID outcomes were forced to shelter away from loved ones, creating even more mental stress, and loneliness.
The COVID pandemic has and continues to take both a physical and mental toll on senior citizens. In addition to being the most vulnerable to the virus and having to endure long isolation periods from family and friends, the pandemic has also brought with it a whole new variety of frauds targeting older adults.
From increased unemployment to social and political unrest, COVID-19 has had far-ranging consequences beyond the obvious public health crisis. One area that deserves more attention is the increasing threat of elder abuse by those exercising undue influence over isolated seniors during the pandemic.
Over the past decade, there has been a rise in demand for Alternative Legal Service Providers (ALSPs). ALSPs are companies that provide legal services apart from the conventional paradigm of legal services and systems. They ultimately use legal technology in order to provide more efficient services in a faster span of time and with a drastically cheaper fee.
The current pandemic has caused massive shutdowns across the country. Businesses have closed and unemployment rates have soared. Without a stable source of income, some soon find themselves in debt. Any sign of relief such as a phone call or email saying that their debts can be reduced or forgiven altogether is a welcome one.
Medicaid planning is a hot topic among seniors and their families. Foster Swift attorneys Matt Fedor and Nic Camargo offer an excellent overview of what Medicaid planning is, key considerations before developing a plan and how to formulate and implement a plan in their National Elder Law Month Video "What I should Know About Medicaid Planning."
Scams directed toward seniors sadly remain another hot topic. Even during the COVID-19 crisis, it's unfortunately common to watch the news and see a heart-breaking story about a senior who has been targeted by a criminal. While many of these crimes are not violent, they rob our senior friends of their funds, their property and often most hurtfully, their dignity. Foster Swift's article on "How to Spot the Red Flags of Financial Elder Abuse" is a good refresher for all of us, young, old, and in between, on how to keep the seniors in our lives safe.
Various programs have recently been enacted in Michigan for the purpose of preventing and/or minimizing some of the challenges facing seniors in an effort to help them maintain a high quality of life.
While it is important to make sure our parents are well-taken care of and healthy as they age, it is just as important to make sure that their financial affairs are in order. This also includes being on the lookout for and preventing any potential financial exploitation.
Gift cards; while they are a great means of acknowledging someone's birthday, anniversary, or simply to say "thank you," they are also rapidly becoming a means for con artists to scam unsuspecting individuals, especially seniors.
Saturday, June 15 is World Elder Abuse Awareness Day, which is a day created by the UN in 2012 to draw attention to the millions of older adults who experience elder abuse, neglect, and financial exploitation. With increased longevity, nearly 50 million people in the US alone are age 65 and older. Estimates indicate that by 2050, the global population of people above the age of 60 will exceed the number of younger people.
Unfortunately, this also means that there is a growing need to address the issue of elder abuse as senior citizens are increasingly finding themselves prone to scammers and abuse both from within and without. According to the Administration for Community Living (ACL), as many as 1 in 10 older Americans are abused or neglected each year and only 1 in 14 cases of elder abuse ever comes to the attention of the proper authorities.
10,000 Americans turn 65 every day. With an aging population, come a variety of new issues for society to address. One of those issues is elder financial abuse, which has been a growing problem over the past decade. According to a study in the American Journal of Public Health, 1 in 18 older “cognitively intact” adults falls prey to financial fraud or abuse in a given year.
