elder and dependent adult financial abuse san bernardino county department of aging and adult...
TRANSCRIPT
Elder and Dependent Adult Financial Abuse
San Bernardino County
Department of Aging and Adult Services
December 2006
Slide Show Navigation
This slide show is set up to automatically move from slide to slide.
If the slide show is moving too slow, click your mouse to advance to the next slide.
To go back to a previous slide, click the up arrow. Click enter when you are ready to start the slide show again.
Overview
Who is an Elder/Dependent Adult? What is financial elder abuse? The role of financial institutions Who are possible abusers? What are the signs of financial abuse? How to spot risk factors for potential financial abuse How to report financial abuse in San Bernardino County The role of Adult Protective Services (APS) Other resources
SB 1018: Financial Abuse Reporting Act
Senate Bill 1018: Financial Abuse Reporting Act
Requirements of the Law
– Telephone report must be made to Adult Protective Services (APS) or law enforcement when an employee suspects financial abuse.
– Must be followed up in a written report within two working days.
– Develop internal reporting structure.
– Develop effective policies and procedures.
– Work with APS and other enforcement agencies.
Who is considered an Elder/ Dependent Adult?
Elder– Person over the age of 65
Dependent Adult– Person between age 18 and 64 with physical or mental
disability that makes it difficult to handle physical or financial tasks or activities of daily living
What is Financial Abuse?
Financial elder abuse is generally defined as the improper use of a senior’s funds‚ property or assets.
SB 1018 states that “suspected financial abuse” occurs when a bank employee observes behavior or transactions that would lead a person with similar training to form a reasonable belief that an elder is the victim of financial elder abuse.
Extent of the Problem
The extent that economic crimes affect the senior community and the actual number of dollars involved are widely unknown due to:
– Lack of reporting (embarrassment, shame) – Family dynamic– Lack of action taken (Civil vs. Criminal)– Death
Extent of the Problem, cont.
Elder abuse is one of the most under recognized and under reported crimes.
National*– Only 1 in 14 cases reported
State of California (Attorney General’s Office)*– Only 1 in 5 cases reported
* Statistics from 2003
Elder abuse reports are up more than 150% in the last 10 years!
The Role ofFinancial Institutions
Identify those at risk. Implement policies and procedures to protect your customer.
Protect your customer from fraud and take necessary action.
Respond to all concerns and suspicions regarding financial abuse.
Report all suspected instances of financial abuse.
Possible Abusers
Elder service provider Professionals who deal with elders Family Neighbors “New” friends Telemarketers Organized transient crime families (“Travelers”) Con artists Anyone!
Caretaker
Signs of Financial Abuse
Suspicious behavior by the abuser and/or victim Suspicious financial activity Financial exploitation
Undue influence
Undue Influence
Use of:
– Coercion– Extortion– Endearment– Isolation– Fear– Trust
– Promises– Persuasion– Force– Intimidation– Abandonment– Ending care relationship
Suspicious Behavior
By Abuser
– Hostility to visitors– Dominance over or
speaking for elder– Isolation of elder– No visible means of support– Exaggerated concern or
defensiveness for elder
By Elder
– Isolation– Confusion; implausible
explanations– Hesitation to speak freely– Embarrassment or shame– Denial of abuse– Changes in behavior
Suspicious Financial Activity
Changes in Account Status:– Change of owners or account relationships– Change of address– Suspicious/irregular signatures on checks/documents– Other person(s) handling financial affairs– Sudden changes in incurred debt or credit standing– Early surrender/penalties on term accounts/ investments– New requests to transfer assets to different financial
institution, broker or wire transfers
Unusual Volume or Activity:– Change in patterns of withdrawals/deposits– Frequency of withdrawals
Suspicious Financial Activity, cont.
Inconsistent Activity:– Increase in transactions/checks written/inquiries– Activity at different branch locations– Withdrawal(s) from previously inactive accounts– Non-Sufficient funds/overdraft notices– Multiple checks payable to same person/entity– New request for automated services, i.e. ATM card, internet
access, telephone access– Request for new lines of credit, increases to existing lines of
credit – New vehicle purchases (inconsistent to life style)– Mortgage refinance/home equity loan
Financial Exploitation
People who appear “too” interested in their finances Concerned/confused about “missing” funds Unable to remember financial transactions Fearful of eviction or abandonment by caregiver Isolated from family, friends, or other support groups
Accompanied by:– A stranger who encourages frequent or large cash withdrawals – Family member or other person who coerces them to make
transactions
Not allowed to speak for themselves or make decisions
Appears nervous/afraid of person accompanying them
Identifying Those at Risk
Some risk factors are:– Widowed– Never married– Require caregiver or in home worker– Physical or mental limitations– Extremely trusting and open with others– Easily intimidated, influenced or persuaded– Have limited contact with:
Family Friends Church Outside the home
Look for These Signs
Communication and Behavior
– Confusion (particularly when it’s about something the person should know)
– Disorientation– Forgetfulness (or attempt
to cover up memory loss)– Slurred or rambling
speech, difficulty understanding speech, mumbling
Difficulty with:– Daily living activities– Understanding written
directions or documents– Solving simple problems – Abrupt changes in
communication style or personality
Personal Appearance
Look For Changes And/or Extremes:
– Unkempt appearance– Emaciated or bloated appearance– Dirty or inappropriate clothing– Unshaven face– Uncombed hair– Unusual or extreme body odors
Failing to File a Report
Employees of financial institutions who fail to file a report when it can be proven that the employee should have suspected financial abuse will incur a:
– Fine of $1000-$5000 against the Institution– Possible misdemeanor charge punishable with jail time
Employees of financial institutions are not subject to:
– Individual fines for failure to report
The Written Report (SOC 342)
The written report is completed on the SOC 342 - Report of Suspected Dependent Adult/Elder Financial Abuse form.
The written report must contain:– Customer’s Name,– Customer’s Address,– Customer’s Phone Number, and– Brief scenario of the observations or transaction(s) that raised
suspicion. The SOC 342 form can be obtained from:
– The San Bernardino County website (sbcounty.gov) or – Bewiseonline.org
How to File a Report in San Bernardino County
Report suspected financial abuse by telephone, immediately, or as soon as possible to the:
– County of San Bernardino 24-Hour Toll Free Child Adult Abuse Hotline (CAAHL at (877) 565-2020), or
– Local law enforcement agency in the area. Send a completed copy of the SOC 342 report within
two working days of the phone call:– Via mail to:
CAAHL at 412 West Hospitality Lane San Bernardino CA 92415-0029, or
– Via fax to: CAAHL at (909) 388-6718
The Role of Adult Protective Services
Adult Protective Services (APS):
– Is a state-mandated agency to receive and investigate reports of elder or dependent adult abuse and neglect.
– Connects elders or dependent adults with services.– Provides crisis intervention – assesses danger and
develops service plan to reduce danger.– Investigations are mandatory; services are voluntary.
Other Resources
Elder Financial Protection Network:www.bewiseonline.org
National Center on Elder Abuse: www.elderabusecenter.org
California Attorney General’s Office (Elder Abuse): www.safestate.org
San Bernardino County Resources
For questions in San Bernardino County contact:
Carl Eklund, Deputy Director
Department of Aging and Adult Services
686 Mill St.
San Bernardino, CA 92415
(909) 891-9048
(760) 843-5118