Elder Abuse/Financial Exploitation - PowerPoint Presentation

1. Elder Abuse/Financial Exploitation

2. Initial InvestigationElder Abuse/Financial Exploitation

3. Standard Investigation FormInitial Investigation

4. Standard Investigation Form -Is the victim a vulnerable adult?Initial Investigation

5. Standard Investigation Form -If the victim is vulnerable, is there harm?Initial Investigation

6. Standard Investigation Form -If the victim is vulnerable, is there harm? -AbuseInitial Investigation

7. Standard Investigation Form -If the victim is vulnerable, is there harm? -Abuse -NeglectInitial Investigation

8. Standard Investigation Form -If the victim is vulnerable, is there harm? -Abuse -Neglect -FinancialInitial Investigation

9. Standard Investigation Form -Financial Harm Initial Investigation

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11. Standard Investigation Form -Financial Harm -Parasitic Living Initial Investigation

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15. Standard Investigation Form -Financial Harm -Parasitic Living -Victim has the only income -Caregiver lives off the income -Social Security, pensions, CD’s stocks, etc are the victims -Home, vehicles owned by victim but “caregiver” uses them without payingInitial Investigation

16. Standard Investigation Form -Financial Harm -Parasitic Living ”Joint Bank Account”-but victim puts the money in and the caregiver takes it outInitial Investigation

17. Standard Investigation Form -Financial Harm -Parasitic Living Victim “pays” for trips to the casino, bingo, lottery tickets for the caregiverInitial Investigation

18. Standard Investigation Form -Financial Harm -Parasitic Living Caregiver controls the victim’s checkbookInitial Investigation

19. Standard Investigation Form -Financial Harm -Parasitic Living Poor or no care given to the victimInitial Investigation

20. Standard Investigation FormThorough assessmentInitial Investigation

21. Standard Investigation FormThorough assessmentDetailed and informed observationsInitial Investigation

22. Standard Investigation FormThorough assessmentDetailed and informed observationsKnow the criteria for a vulnerable adultInitial Investigation

23. Standard Investigation FormThorough assessmentDetailed and informed observationsKnow the criteria for a vulnerable adultKnow what support services are availableInitial Investigation

24. Standard Investigation FormThorough assessmentDetailed and informed observationsKnow the criteria for a vulnerable adultKnow what support services are availableKnow what to do nextInitial Investigation

25. -Do you manage your own finances?-Is this a new task for you? (recently widowed?)-If you don’t, who assists you? (relative, friend, accountant, bank?)Victim Interview

26. -Power of attorney, Representative payee, Conservator, Joint account holder-Trust (who is trustee?)-Informal arrangement-Victim Interview

27. Are you having difficulty with your finances?Have you had any problems with your utilities being shut off or have you received shut-off notices?Are you getting calls or mail stating that you owe money or that you have won a large amount of money?Victim Interview

28. Do you have someone who visits with you or comes to help you with tasks on a regular basis? If so:Who are they and what is their relationship?What do they assist you with?1Victim Interview

29. -May we go over your bank statements, check book and bills together?-Are there missing checks or checks written out of order?-Are there checks written out to cash in large amounts?1Victim Interview

30. -Are there multiple checks written to the same individual? If so, who is it- this may be legitimate.Have there been changes in client’s payment habits?OverpaymentsUnderpaymentsMissing payments

31. Persons you may want to speak with (questions to consider)Businesses you may want to contact Utility Companies (gas, electric, water/sewage)Is the victim behind in payments?Financial Exploitation Investigation

32. Persons you may want to speak with (questions to consider) Family Friends Neighbors Church BankHave they observed changes in the victim’s travel, finances, people they are with?Financial Exploitation Investigation

33. Increased traffic around the house?Has victim become more isolated?New people living in the house?New vehicles at the property?Change in health or physical condition of the victim?Financial Exploitation Investigation

34. Have there been any recent changes in the victim’s life, health or ability to complete daily tasks?Have they been exhibiting confusion or difficulty remembering recent events?Do you have concerns with the victim’s financial management?Family/Friends

35. Do you know how the victim’s finances are managed?Have you noticed a change in their buying habits?Has the victim told you they are having any problems or concerns?Are you or do you know who is assisting the victim with their finances?Do you know if there is a POA, joint account holder, etc.?Are there any concerns with new “friends” of the victim’s?Family/Friends

36. Identify self (if in person, show state ID) and why you are contacting them. As to speak with the doctor directly-you will likely be directed to a nurse.Note: It may be difficult or impossible to gather information from medical professionals due to HIPAA. APS would seek subpoena if information is necessary.Physicians

37. How long has the victim been your patient?When was the last time you saw the victim?Have there been any changes in:Health?Medications?Appearance?Demeanor?Questions for Doctors

38. Is there reason to be concerned about the victim’s ability to make informed decisions?Is the victim vulnerable to abuse, neglect or exploitation?Is the victim vulnerable to undue influence?Doctor Questions Continued

39. In smaller banks or credit unions, you may be able to speak with the manager and obtain information. With larger banks or national banks, you may need to contact their corporate fraud unit.Identify self/if at institution, show state ID.Inform them that you have concerns regarding one of their clients.Bank/Financial Institutions

40. How long have they been with your institution?Have there been changes in their banking habits?Any changes to their accounts?Sudden, large withdrawal(s)New persons added to accounts?New power of attorney?New loans of lines of credit?Gather Information

41. Do they come in to complete their banking?Is there a favorite/particular teller they use?Changes in appearance?Changes in banking habits?Smaller institutions

42. Do they seem confused?Do they come alone or is a new person coming with them?Does client seem fearful?Is person with them over-bearing or do they speak for client?What did they notice about the client

43. AttorneyAny sudden changes to wills/estate?Any new powers of attorney?Do you have concerns regarding victim?Appearance?Confusion?New “friend” or family member involved?Other contacts

44. County Clerk/TreasureQuit claim deed to home/property?Addition to deed or transfer of deed?Behind in taxes?County Clerk or Treasure

45. Rental Company/LandlordBehind in rental payments?New “friend” or family visiting or moved in?Changes in how they maintain residence?Landlord

46. Home Care Agencies/Other Service Agencies/Meals on Wheels How long have they worked for/with (the victim)?What services do they provide?Are there any concerns about victim, family, friends or current employee and their interactions with the (victim)?Other Contacts

47. Is there:New automobile but client doesn’t drive?Who is on the title?Where is it stored?Who utilizes vehicle and for what purpose (for client’s needs/errands or someone else)?Financial Investigation

48. -Second mortgage or reverse mortgage (how recently and for what purpose)?-New or missing credit cards?-Purchase of large ticket items that are out of character for client?-Who has possession of item(s)?Where is the item(s)?-Missing valuables or antiques from the home or property?

49. 750.181. Embezzlement by an Agent750.174a Embezzlement From a Vulnerable Adult750.1814A Embezzlement from a Joint account 750.362 Larceny by Conversion750.159g Racketeering (Predicate offenses include embezzlement, larceny, securities fraud, false pretenses)Statutes

50. 750.181. Embezzlement of property belonging to himself and anotherSec. 181. (1) An agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within this state, or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney-at- law, collector, or other person shall not embezzle, fraudulently dispose of, convert to his or her own use, or take or secrete with intent to embezzle or convert to his or her own use the money or personal property without the consent of the part owner of the money or personal property.Embezzlement by an agent

51. 750.174a Vulnerable adult; prohibited conduct; violation; penalty; enhanced sentence; exceptions; consecutive sentence; definitions; report by office of services to the aging to department of human services. Sec. 174a.(1) A person shall not through fraud, deceit, misrepresentation, coercion, or unjust enrichment obtain or use or attempt to obtain or use a vulnerable adult's money or property to directly or indirectly benefit that person knowing or having reason to know the vulnerable adult is a vulnerable adult.Embezzlement from a vulnerable adult

52. 750.181 Embezzlement of property belonging to person and part owner; violation; penalty; enhanced sentence based on prior convictions. Sec. 181.(1) An agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within this state, or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person shall not embezzle, fraudulently dispose of, convert to his or her own use, or take or secrete with intent to embezzle or convert to his or her own use the money or personal property without the consent of the part owner of the money or personal property.Embezzlement of joint property

53. ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT) Act 386 of 1998700.5501 Durable power of attorney; definition; attorney-in-fact.Sec. 5501. (1) A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in a writing that contains the words "This power of attorney is not affected by the principal's subsequent disability or incapacity, or by the lapse of time", or "This power of attorney is effective upon the disability or incapacity of the principal", or similar words showing the principal's intent that the authority conferred is exercisable notwithstanding the principal's subsequent disability or incapacity and, unless the power states a termination time, notwithstanding the lapse of time since the execution of the instrument.Power of Attorney

54. Before exercising authority under a durable power of attorney, an attorney-in-fact shall execute an acknowledgment of the attorney-in-fact's responsibilities that contains all of the substantive statements in substantially the following form:I, , have been appointed as attorney-in-fact for , the principal, under a durable power of attorney dated . By signing this document, I acknowledge that if and when I act as attorney-in-fact, all of the following apply:Power of Attorney

55. Except as provided in the durable power of attorney, I must act in accordance with the standards of care applicable to fiduciaries acting under durable powers of attorney.I must take reasonable steps to follow the instructions of the principal.Upon request of the principal, I must keep the principal informed of my actions. I must provide an accounting to the principal upon request of the principal, to a guardian or conservator appointed on behalf of the principal uponthe request of that guardian or conservator, or pursuant to judicial order.Power of Attorney

56. I cannot make a gift from the principal's property, unless provided for in thedurable power of attorney or by judicial order.Unless provided in the durable power of attorney or by judicial order, I, while acting as attorney-in-fact, shall not create an account or other asset in joint tenancy between the principal and me.(f) I must maintain records of my transactions as attorney-in-fact, including receipts, disbursements, and investments.Power of Attorney

57. (g) I may be liable for any damage or loss to the principal, and may be subject to any other available remedy, for breach of fiduciary duty owed to the principal. In the durable power of attorney, the principal may exonerate me of any liability to the principal for breach of fiduciary duty except for actions committed by me in bad faith or with reckless indifference. An exoneration clause is not enforceable if inserted as the result of my abuse of a fiduciary or confidential relationship to the principal.(h) I may be subject to civil or criminal penalties if I violate my duties to the principal.Power of Attorney

58. An attorney-in-fact's failure to comply with subsection (4) does not affect the attorney-in-fact's authority to act for the principal as provided for in the durable power of attorney and does not affect the attorney-in-fact's responsibilities or potential liability to the principal.Subsections (2) to (6) do not apply to any of the following:(a) A durable power of attorney executed before October 1, 2012.Power of Attorney

59. Investigative SubpoenasSearch WarrantsInvestigative tools