Financial exploitation of the elderly.

The National Elder Abuse Incidence Study (National Center on Elder Abuse, 1998) found that more than 500,000 persons aged 60+ were victims of domestic abuse and that an estimated 84% of incidents are not reported to authorities, denying victims the protection and support they need.  Given the significant under reporting, the Senate Special Committee on Aging estimated that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.  These vulnerable elders are subject to injury and to premature death (Lachs et al., 1998), often from caregivers and family members.  Elder financial exploitation—commonly linked with other forms of abuse and neglect—threatens the health, dignity, and economic security of millions of older Americans.  Elder abuse is estimated to cost Americans tens of billions of dollars annually in health care, social services, investigative and legal costs, and lost income and assets. 

Financial Abuse:

Indicators are signs or clues that abuse has occurred. Some of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

• Bills or creditors going unpaid for extended periods, utilities being shut off or eviction notices being sent and which the elderly adult is not generally known for not paying their bills and has the ability to pay
• New friends or acquaintances which the elderly persons becomes suddenly attached to and speaks often about
• Sudden changes to long-standing estate planning documents, including Wills, Powers of Attorney, Revocable Trusts
• Executing financial documents or powers of attorney which the elderly person cannot understand or explain
• Unusual activity on the elderly persons bank accounts including abnormally large or frequent cash withdrawals, frequent transfers to new or unknown accounts, changes to beneficiary designations and the addition of co-owners to their accounts
• Inconsistent or unusual signatures on checks
• Speaking negatively about children, or spouses which is uncommon, especially after another son or daughter, friend or distant relative has spent an extended amount of time with them
• Care and services which are not at the level expected for someone with their wealth
• Taking out new mortgages on their home or opening new credit card accounts when they have other readily available cash or liquid assets more than adequately covering their needs
• Children or caretakers being intimately involved in the elder persons financial decisions who the elderly person would not normally rely upon for financial advice or assistance
• Financial statements no longer being delivered to the elderly persons home or residence
• Personal belongings, jewelry and other valuable items missing
• Elderly persons who don’t normally complain about money suddenly complaining about not having enough money to do the things they want to do
• Caretakers or children taking control of conversations with the elderly person or the elderly person being in fear of speaking in front of that person without looking to them for assurance or permission first
• A new, much younger love interest or best friend comes into their life
• Large purchases which the elderly person wouldn’t normally purchase or has no need for such as an elderly male widower purchasing expensive women’s jewelry and clothing
• Implausible explanations given about the elderly person's finances by the elder or the caregiver
• Absence of documentation about financial arrangements

For more information visit: Prevent Elder Abuse 

Guest Blog - The Legal Kidnapping of An Elderly Woman

This is about my Aunt Ida Marie Pavioni.

From the time that I was born, she was an integral part of my life. She was a Mother to me all of my life. Prior to her moving to Bradenton, Fla. in 2008, to live with me, she lived on her own in St. Louis, Missouri. She was employed with South Western Bell Telephone Company in St Louis Mo, for 59 years and was totally independent. She was a faithful servant to her Catholic faith and lived a totally independent life, all of her life.
Now, I desperately need help and justice for My Aunt! In April 2010, she was involuntarily removed from her home by Florida State authorities. Her freedom was taken from her through lies and misinformation by greedy family members and outside influencers. I was not allowed to see her during her incarceration until I agreed to give up the inheritance that my Aunt had made for me. Due to my own circumstances, I live on Social Security only; I had no money to even hire a lawyer to try to have my Aunt freed. There is a case that has been submitted to the Supreme Court for hearing that involves ALL of the individuals who were a party to my Aunt’s incarceration
A petition for Writ of Certiorari was filed with the U.S. Supreme Court on October 7, 2011, by Edward McGlynn Gaffney, Jr., Professor of International Law and Genocide Studies at Valparaiso University School of Law, on behalf of Beverly R. Newman and Lawrence T. Newman. Named in the petition are: Paul E. Logan and Jannette Dunning, judges for the Circuit Court of Manatee County, Florida; the Public Guardian for Manatee County doing business as Aging Safely, Inc., its CEO Jo Eisch, director Ashley Butler, and attorneys James Knowles and Erika Dine; professional guardian Herbert Schimmel and his lawyer Edwin Boyer; and Gerald O’Brien, former counsel for the petitioner.

Why is this petition important? Because it questions the legality of the Florida guardianship program under the Fourteenth Amendment Due Process Clause. According to the petition:

One question presented: Whether State guardianship and civil commitment proceedings that significantly diminish protected liberty and property interests of an incapacitated person violate the Fourteenth Amendment Due Process Clause, (1) where a State Judge and Public Guardian fail to provide adequate notice of the guardianship and civil commitment proceedings to family members who are willing and responsible caregivers of the incapacitated person, and (2) where the proceedings violate procedural safeguards for full and fair hearing by failure of court-appointed council to provide meaningful legal representation of the ward of the State throughout these proceedings, and by judicial exclusion of competent family members from meaningful participation in guardianship and civil commitment proceeding.

 She went from a vibrant woman, of 86, who was enjoying her life and retirement to the shell of a woman that she is now. Like Mr. Katz, my Aunt was denied her 14th Amendment Rights by the State of Florida. She demanded to be allowed to hire her own attorney before her Competency hearing in May and the authorities refused her request. Her State Appointed Attorney made sure that her wishes to remain free to live on her own were thwarted.

This should never happen to anyone in America. Our elderly are truly vulnerable in this country when practices like this by the State are allowed to be carried out against their citizens. I need someone to help me tell my Aunt’s story and secure some form of justice for her. She does not deserve to have to live in a drugged up state for whatever time she has left in her life. I want her story to be known so that others may know that without proper safeguards being in place in their lives makes them vulnerable to what has happened to Mr. Katz and my Aunt. The system of Elder Services is severely broken in Manatee County, Florida. This can happen to anyone and it will happen again. Ida Pavioni deserves justice at this point and I am looking for anyone out there who will help me pursue it. If you know of any other cases like this in Florida or have suggestions as how to proceed with any of this I may be contacted at the number below. Please help, the system is not operating in Florida at this time in a fair or just manner for our seniors.

Janice Fendel, Bradenton, Florida (updated 1/27/2019 to delete photos)