Elder Financial Exploitation from a Prosecutor’s Perspective Estate 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 Office Elder 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 6 th 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 Perpetrators of 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 – 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 (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

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