Helping Seniors Navigate from Social Services to Legal

ServicesElder Financial Abuse

Today’s Focus

How can I develop my skills as a social worker to help my clients dealing with financial elder abuse find legal assistance and solutions?

Main skills to build upon today: ● Interviewing● Connecting with Experts

Financial Elder Abuse: Two Types

(1)Individual: Perpetrated by a Family, Friend, or Caregiver

Discussion: Brandy DeOrnellas

(2)Scam: Perpetrated by a Stranger/ Group Discussion: Megan Yip

Financial Elder Abuse: Individual8 questions you’ll be able to answer by the end of today:1) What is the definition of financial elder abuse?2) Are there common situations in which financial abuse arises that I should

look out for?3) What questions should I ask my client to see if she is being financially

abused?4) What initial steps can I take to assist a senior client who is being financially

abused?5) What can the law do to help my client avoid further abuse?6) What can the law do to help my client get back money or property back

that has been taken?7) How can I help locate an attorney for my client?8) What can I do to help my client be ready to meet with an attorney?

(1) What is the definition of financial elder abuse?

DEFINITION: “Any theft or misuse of an elder’s money or property, including use of the elder’s assets for the abuser’s gain.”

EXAMPLES:● Scams and Frauds● Misuse of Power of Attorney for personal gain● Use of coercion or deception to make elder transfer assets● misuse of accounts or credit cards● stealing cash and/or valuables

(2) Are there common situations in which financial abuse arises to look out for?

YES! Here are some red flags:● Apparent change in elder’s signature style● Unusual or inappropriate bank activity● Power of attorney given after elder no longer has clarity of mind or sudden change of the

person chosen to act on behalf of elder● New acquaintances expressing affection for elder with assets● Missing personal belongings● Deliberate isolation of the elder by family or caregiver● Mail is missing or intercepted● Bills, rent, or mortgage goes unpaid● New will drawn up naming recent acquaintances● Transferring all assets to a caregiver in exchange for a promise of lifelong care

(3) What questions should I ask my client to see if she is being financially abused?

Fact gathering:● Ask client if she knows the identity of the abuser and gather information about the nature

of the financial abuse. ● Ask about whether the abuser still has access to bank accounts, etc.● Ask whether the client has reported this abuse - including to the police● Ask whether the client has a Durable Power of Attorney for Finances, and who the client

selected to be her decision-maker (called “attorney-in-fact”)Preparing for legal action:

● Ask whether the client would be interested in getting a restraining order against her abuser.

● Ask whether the client wants to pursue getting money or property back● Ask whether the client already has an attorney

(4) What initial steps can I take to assist an elder client who is being financially abused?

● Help client gather or request bills and financial statements, including credit reports, to check for discrepancies

● Report abuse to Adult Protective Services or Long Term Care Ombudsman

● Discuss the possibility of the client filing a police report● Discuss with client whether the abuser has continued access to the

client’s resources and, if so, whether the client should close any bank accounts or notify their bank that the abuser should not be have access to their account.

● Seek out legal help for the client

(5) What can the law do to help my client avoid further abuse?

Restraining Orders to keep the abuser away from the senior● Elder Abuse Restraining Orders are for individuals 65+ ● Discuss with your client whether he or she would be willing to

pursue a restraining order against the abuserRemoval of abuser as Power of Attorney for Finance

● Where an abuser is also a power of attorney, it is important to revoke the POA to prevent the abuser from continued access to the client’s finances.

Petition for Probate Court ConservatorshipPetition to compel accounting where abuser is conservator

(6) What can the law do to help my client get back money that has been taken?

Civil: Small Claims Court/ Litigation● A senior can file in Small Claims Court with or without an attorney.

The money sought must amount to no more than $10,000. ● A senior can also hire an attorney to sue the person who financially

abused her.

Criminal: District Attorney● Where the abuse violates the Criminal Code, and the senior has

alerted police or the District Attorney, the DA can pursue criminal charges and the court may order restitution.

(7) How can I help locate an attorney for my client?

Two resources:● Alameda County Bar Association Lawyer Referral Service - Can

assist the client in locating an attorney for any matter. Present cost is $30 for 30 minutes of assistance in locating an attorney.

● Legal Assistance for Seniors - for help with restraining orders and revocation of powers of attorney. Services are free.

(8) What can I do to help my client be ready to meet with an attorney?

Preparing your client to meet with an attorney:● Help your client gather relevant documents such as police

reports (or police report #s), bank statements, their Power of Attorney, and all other useful documents.

● Help the client through the emotional difficulties of dealing with their abuse situation and potential anxiety about working with an attorney.

Interacting with an attorney:● Reach out to the attorney for the client and offer to update them on

the facts of the case and be a continued resource● Offer to join the attorney and your client in a meeting

For More Information...

Additional contact information, step-by-step guidance, and resources available on handout.

My contact:Brandy DeOrnellasLegal Assistance for Seniors1970 Broadway, Suite 300Oakland, CA 94612(510) 832-3040, ext. 334bdeornellas@lashicap.org

Financial Elder Abuse: Scams

● Perpetrated by unknown person or group to many people

● Type of fraud ● Targeted at vulnerable people ● Focus should be on detection and

prevention - education & communication

Financial Elder Abuse: Scams

https://www.youtube.com/watch?v=v2VFy2igHPE

Scams: Detection

● Urgency - needing to decide or give $ immediately

● Secrecy - don’t tell anyone● Unfamiliar / Too Good to be True

Scams: Prevention

● If you don’t initiate, don’t provide personal information (on phone and online)

● Slow things down. o Take information and offer to call back later. o Get promises in writing

● Verify ID of people who come to the door● Review Bills and Credit Reports

Elder Financial Abuse: Scams

What can you do for and with your clients to detect and prevent Scams?

Thank Youfor attending and collaborating

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To BACS for hosting

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To Borchard Foundation for funding