Fong Law Group

Senior Scams Range from Promised Luxury Cars to Stolen Homes

“Police Detective Rosalee Reid told of one scammer who tried to entice her to give up her personal information, so he could attempt to drain her bank account by promising her she’d “won” $750,000 and a white Mercedes Benz.”

Too bad this particular scammer had no idea to whom he was speaking. The officer played along, asking when she could get the car, and telling the scammer it was snowing and she didn’t want to get that on her brand-new Mercedes. After too many questions, the scammer hung up on her, reports the New Haven Independent in an article “Senior Study Scam Avoidance 101.”

Unfortunately, not every senior is that savvy, when it comes to being scammed. According to the Federal Trade Commission, Americans lost more than $900 million in 2017 – that’s $63 million dollars more than in 2016 — to fraud, and many of the victims are seniors, who are routinely targeted.

Some of the cases are debt collection fraud, where a phone caller says they are calling from the IRS or the U.S. Marshall Service, stating vehemently that the person they are calling owes money to the government. The threat of jail time is frightening to enough people, that they fall for it.

Seniors are advised over and over again: the IRS does not call to make threats, and it’s definitely not calling to demand payment in gift cards from a major retailer. However, the scammers speak with authority and are extremely convincing. As a result, many people fall into the traps.

What makes scammers more frightening, is when they use a small piece of the senior’s identity. They may read the home address and insist that they will come to their home to collect the debt. They could also mention a family member, one who has passed away lately, and claim that they know everything about the person.

Another scam is to call and say that a beloved grandchild is in prison or has been kidnapped and needs money fast to pay ransom or bail to get out of jail. If this occurs, immediately hang up and contact the person or someone who can verify their safety, to make sure they are okay.

If someone has been arrested, they have the right to make one phone call. Authorities are not likely to be calling a person’s grandparents for bail money.

Another major source of fraud comes from those who know the senior or befriends them, solely to get their money or even their home. There are tales of caregivers, who become more and more involved in a senior’s life, often pushing their family members away and isolating the individual, so they can’t ask for help. Be wary of new people who are pushy about being helpful, especially if they ask to use your credit card or debit card to run errands for you.

Sadly, there are also many instances of family members who are charged and convicted for financial elder abuse, using their relationship with aging parents or other relatives to gain access to their finances. Be wary, warn experts, even when it is a family member. Read your credit card bills and bank statements carefully, to make sure that your money isn’t disappearing. Keep personal finance information secure.

Reference: New Haven Independent (Feb. 5, 2019) “Senior Study Scam Avoidance 101”

Be Careful Granting Power of Attorney

“For the sake of self-preservation in later life, it is imperative that the 60-and-older population understand the powers that are given away, when signing Power of Attorney (POA) documents.”

Power of Attorney abuse has emerged as a serious problem for elderly people who are vulnerable to people they trust more than they should, reports the Sandusky Register in the article “Consumer beware: Understanding the powers of a Power of Attorney” The same is true for a Durable Power of Attorney for Health Care document, which should be of great concern for seniors and their family members.

This illustrates the importance of a Power of Attorney document: the person, also known as the “principal,” is giving the authority to act on their behalf in all financial and personal affairs to another person, known as their “agent.” That means the agent is empowered to do anything and everything the person themselves would do, from making withdrawals from a bank account, to selling a home or a car or more mundane acts, such as paying bills and filing taxes.

The problem is that there is nothing to stop someone, once they have Power of Attorney, from taking advantage of the situation. No one is watching out for the person’s best interests, to make sure bank accounts aren’t drained or assets sold. The agent can abuse that financial power to the detriment of the senior and to benefit the agent themselves. It is a crime when it happens. However, this is what often occurs: seniors are so embarrassed that they gave this power to someone they thought they could trust, that they are reluctant to report the crime.

Similarly, an unchecked Health Care Power of Attorney can lead to abuse, if the wrong person is named.

The following is a real example of how this can go wrong. An adult child arranged for their trusting parent to be diagnosed as suffering from dementia by an unscrupulous psychiatrist, when the parent did not have dementia.

The adult child then had the parent admitted into a nursing home, misrepresenting the admission as a temporary stay for rehabilitation. They then kept the parent in the nursing home, using the dementia diagnosis as a reason for her to remain in the nursing home.

The parent had to hire an attorney and prove to the court that she was competent and able to live independently, to be able to return to her home.

Meet with an experienced estate planning attorney to discuss your situation and figure out who might become named as Power of Attorney and Health Care Power of attorney on your behalf. The attorney will be able to help you make sure that your estate plan, including your will, is properly prepared and discuss with you the best options for these important decisions.

Reference: Sandusky Register (Feb. 5, 2019) “Consumer beware: Understanding the powers of a Power of Attorney”

A Cautionary Tale of Alleged Elder Abuse

“Mary Weiss lost her son, while he was enrolled in a controversial drug study at the University of Minnesota. The case drew worldwide attention. Weiss is now facing the loss of her home and retirement savings, after being taken advantage of by someone she trusted, according to police.”

This is a sad story that illustrates how even the smartest person can be vulnerable and preyed upon by someone they know and trust. Mary Weiss has endured the violent death of her son, four strokes and a heart attack, says Fox 9 in its report titled “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver.”

The person she depended on throughout it all, is the one who is suspected of taking advantage of her trusting nature. She says she was financially ruined and her nest egg of $150,000 is gone. Debt from credit cards and loans taken out in her name without her consent is mounting.

Weiss gained international attention for her battle with the University of Minnesota researchers who ran a research study of a psychiatric drug. Her son took his own life, while enrolled in the study. Because of her fight, the University made a number of changes to its research programs.

The man she believes has ripped her off, stood by her during that battle, speaking to reporters on her behalf. However, now he has been charged with one count of theft by swindle by the Washington County Attorney, following an investigation by the Cottage Grove Police Department.

Howard lived with Weiss, although they were not romantically involved, for 10 years and had become her caregiver. She had suffered a series of strokes and gave him power of attorney over her financial matters.

Weiss knew that Howard had a record, including a theft by swindle conviction, but she never thought he would do something bad to her.

It was Weiss’ niece who discovered the problem this past spring, when she was going through a year’s worth of bank statements. ATM withdrawals, lottery ticket purchases, loans and credit cards were all done in her name. Washington County Human Services did a separate investigation and notified Weiss that an allegation of financial exploitation had been substantiated.

Howard denies taking anything without Weiss’ consent.

Weiss is currently living in a nursing home and is recovering from a fall. She said that she would like to return to her townhome but is not sure she will be able to afford to do that. She wants others to understand that this can happen to anyone, even with full control of their senses and no dementia.

Elder financial abuse is a growing problem, as the number of seniors rises. Having a family member who is actively involved and looking out for aging family members is one of several ways to prevent elder abuse from a stranger. However, it is often a family member who is committing the crime.

Reference: Fox 9 (Oct. 22, 2018) “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver”

A Cautionary Tale of Alleged Elder Abuse

“Mary Weiss lost her son, while he was enrolled in a controversial drug study at the University of Minnesota. The case drew worldwide attention. Weiss is now facing the loss of her home and retirement savings, after being taken advantage of by someone she trusted, according to police.”

This is a sad story that illustrates how even the smartest person can be vulnerable and preyed upon by someone they know and trust. Mary Weiss has endured the violent death of her son, four strokes and a heart attack, says Fox 9 in its report titled “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver.”

The person she depended on throughout it all, is the one who is suspected of taking advantage of her trusting nature. She says she was financially ruined and her nest egg of $150,000 is gone. Debt from credit cards and loans taken out in her name without her consent is mounting.

Weiss gained international attention for her battle with the University of Minnesota researchers who ran a research study of a psychiatric drug. Her son took his own life, while enrolled in the study. Because of her fight, the University made a number of changes to its research programs.

The man she believes has ripped her off, stood by her during that battle, speaking to reporters on her behalf. However, now he has been charged with one count of theft by swindle by the Washington County Attorney, following an investigation by the Cottage Grove Police Department.

Howard lived with Weiss, although they were not romantically involved, for 10 years and had become her caregiver. She had suffered a series of strokes and gave him power of attorney over her financial matters.

Weiss knew that Howard had a record, including a theft by swindle conviction, but she never thought he would do something bad to her.

It was Weiss’ niece who discovered the problem this past spring, when she was going through a year’s worth of bank statements. ATM withdrawals, lottery ticket purchases, loans and credit cards were all done in her name. Washington County Human Services did a separate investigation and notified Weiss that an allegation of financial exploitation had been substantiated.

Howard denies taking anything without Weiss’ consent.

Weiss is currently living in a nursing home and is recovering from a fall. She said that she would like to return to her townhome but is not sure she will be able to afford to do that. She wants others to understand that this can happen to anyone, even with full control of their senses and no dementia.

Elder financial abuse is a growing problem, as the number of seniors rises. Having a family member who is actively involved and looking out for aging family members is one of several ways to prevent elder abuse from a stranger. However, it is often a family member who is committing the crime.

Reference: Fox 9 (Oct. 22, 2018) “Woman, who helped change research protocols at U of M, allegedly loses savings to caregiver”

How to Prevent Financial Elder Abuse 如何防止老人經濟虐待 (中英對照)

“High-profile charges of financial exploitation raise troubling questions. Here’s how to protect yourself and your family.”

Stories of two high-profile elderly Americans have shone a harsh light on the issue of financial elder abuse. However, the rich and famous are not the only ones who are vulnerable. All families need to know what they can do to protect their loved ones, says AARP in the article “7 Ways to Prevent Financial Elder Abuse.”

Stan Lee is a legend, and not just among comic book fans. The 95-year old creator of Spider-Man and many other superheroes has been enmeshed in a legal tangle that includes charges that a memorabilia collector is attempting to isolate Lee in order to gain control of his fortune, which is estimated at $50 million. A Los Angeles court has issued a temporary restraining order against the collector, who says the charges are false.

An American hero, Buzz Aldrin, is battling with his two younger children, accusing them of trying to get control of his estate by saying he has dementia. He sued his own children in court. They deny doing anything wrong and say his memory loss and increasing confusion is to blame.

Experts believe these kinds of cases will grow as America ages and will continue to remain largely unreported, because most families don’t want to report or prosecute these crimes. Ninety percent of the perpetrators are family members or other people the victim knows well, including caretakers and neighbors. As we get older, we’re not as savvy about finances and sharp operators take advantage of this.

Here’s how you can protect yourself and your aging family members:

• Before anything happens, make a plan that includes power of attorney and heath care directives.
• Stay connected with loved ones through regular visits or phone calls. Video chatting is also good.
• Develop a relationship with your parent’s caregiver. Make sure that she knows you are involved.
• Become a “trusted contact” and monitor banking and investment activities.
• Sign up for a service that tracks financial activity and notifies you of any unusual withdrawals or changes in spending habits.
• Set up direct deposit for checks that arrive regularly, so they won’t have to cash them or ask someone else to cash them.
• Don’t sign any document that you don’t understand and don’t be rushed into signing anything.

Having to keep your guard up to protect yourself or a family member, is not how we like to think of our golden years. However, unfortunately it is necessary.

Speak with an estate planning attorney to create an estate plan, including a last will and testament, so your assets or those of your family member are also protected.

Reference: AARP Bulletin (Sep. 2018) “7 Ways to Prevent Financial Elder Abuse”

“有關財務虐待的高姿態指控引發令人困擾的問題。以下是保護自己和家人的方法。”

兩位備受矚目的美國老人的故事在老人經濟虐待問題上引起熱烈迴響。然而，並不是只有富人和名人容易受到傷害。 AARP在“7 Ways to Prevent Financial Elder Abuse.”一文中說，所有家庭都需要知道他們該採取哪些措施來保護親人。

Stan Lee 是一個傳奇, 而且這不僅限於漫畫迷。這位95歲的蜘蛛俠和其他超級英雄的創造者陷入了法律糾紛之中，其中包括指控一位收藏家企圖孤立Stan Lee以控制他估計價值5000萬美元的財產。洛杉磯法院已經對這收藏家發出了一項臨時限制令，儘管收藏家說此指控不真實。

一位美國英雄Buzz Aldrin正在與他的兩個較小的子女打官司，指控他們試圖通過說他患有老年癡呆症來控制他的資產。他在法庭上起訴自己的子女。他的子女說他們並沒有做錯什麼，並指責因他的喪失記憶而引起混亂。

專家們認為，隨著美國人口老化，這類案件將會不斷增加，並且將繼續保持大幅度的不舉報，因為大多數家庭不想舉報或起訴這些惡行。百分之九十的肇事者均是家庭成員或受害者親人，看護和鄰居。隨著年老，我們對財務狀況並不靈敏，而敏銳的騙徒會利用這一點。

以下是保護自己和老年家庭成員的方法：

• 在發生任何事情之前，制定一份包含財務授權書和醫療授權書的計劃。
• 通過定期探訪或電話與家人保持聯繫。視頻聊天也很好。
• 與照顧父母的人建立關係。確保她知道你參與其中。
• 成為“值得信賴的聯繫人”並監控銀行和投資活動。
• 註冊跟踪財務活動的服務，如有任何異常提款或消費習慣的變化都可以獲得通知。
• 為定期收到的支票設立直接存款，這樣就不用親自去兌現或要求他人幫忙兌現。
• 不要簽署任何您不理解的文件，也不要急於簽任何文件。

必須保持警惕以保護自己或家人，這可能不是我們想像的黃金歲月。然而，不幸是這是必需的。

與資產規劃律師聯繫，制定資產計劃，包括遺囑，以便您的資產或您家人的資產也受到保護。

參考:AARP Bulletin (Sep. 2018) “7 Ways to Prevent Financial Elder Abuse”

Push Back on Elder Abuse with Good Estate Planning 通過良好的資產規劃推翻老年人虐待事件 (中英對照)

“A Jamaica man was charged with tricking his 101-year-old neighbor into handing over the deed to his house last week. A trio of Maspeth thieves pleaded guilty to posing as grandchildren and even recruiting kids to rob senior citizens’ homes in July. In Flushing, a man allegedly begged an elderly victim to wire him $41,000 to post non-existent bail in the Dominican Republic.”

These are just three out of many elder abuse cases that have made their way to the Queens (New York) County Criminal Court in recent weeks, reports the Queens Daily Eagle in its article “Nuanced Directives, Power of Attorney Can Stem Elder Abuse.” These cases of elder abuse, fraud, and predation are reflective of a far larger problem.

As this borough of New York ages, the instances of predatory behavior and outright scams are getting worse. Predators often start out as well-intentioned caregivers.  However, they then start to take advantage of the senior under their care. They may start as someone who comes every day to check on the senior, helping with bills and then they see the senior’s assets. Sometimes they begin thinking they are entitled to some or all the senior’s assets.

Other types of abuse include stealing deeds to homes, when younger people establish seemingly caring relationships with elderly people, marrying them and then stealing their money while isolating the victims from their families. This is sometimes called “granny-napping,” where the caregiver manipulates the senior and turns them against other loved ones or former caregivers.

Cases like this turn to heartbreak for genuine, caring family members. The abuser poisons their loving relationship with a parent or grandparents.

One way to stem this abuse, is to ensure that older adults have advanced directives before something occurs. The estate planning or elder law attorney can tailor the document, so the person does not forfeit their rights or property, while putting legal protection in place.

What needs to be understood is this: the person who signs the document and becomes a senior’s representative has a fiduciary duty to act in the best interest of the person. If they breach that duty, there are legal consequences.

Bar associations work with attorneys across the country to help them in identifying and stopping elder abuse. The attorneys work with people in the healthcare field and in real estate, two areas where elder abuse occurs.

When an attorney suspects that elder abuse is taking place, the attorney has an option not to represent the agent and refer a case for guardianship on the grounds that the adult is being abused.

In markets where real estate values have skyrocketed, another real estate scam is for property hunters to go to Surrogate’s Court and find out who has died and who has inherited their estate. They approach heirs they deem to be financially or emotionally vulnerable and coax them into selling their property, usually for far below market value.

Putting an estate plan in place, can protect seniors from elder abuse. Speak with an estate planning attorney, to make sure that you or your loved ones are prepared for these scenarios.

Reference: Queens Daily Eagle (Aug. 8, 2018) “Nuanced Directives, Power of Attorney Can Stem Elder Abuse”

“上週，一名牙買加男子被指控欺騙他的101歲鄰居將房子的契約移交給他。三名Maspeth盜賊承認在7月份冒充孫子孫女甚至招募孩子去搶劫老人的家。據報導，在法拉盛，一名男子懇求一位年長的受害者向他索要41,000美元，為了交多米尼加共和國的不存在的保釋金”

這些只是近幾週來到皇后區（紐約）縣刑事法院的許多虐待案件中的三件。Queens Daily Eagle在文章中報導“Nuanced Directives, Power of Attorney Can Stem Elder Abuse”( Nuanced 指令，授權書可以遏制老人虐待) 這些虐待老人，欺詐和掠奪的案例反映了一個更大的問題。

隨著紐約居民老化，掠奪性行為和公開的騙局越來越嚴重。掠奪者通常從善良的照顧者開始。但是，他們慢慢地變得會利用他們照顧的老人。他們可能從每天來檢查老人，幫助處理賬單，然後他們看到老年人的資產。有時他們開始認為他們有資格獲得部分或全部老人的資產。

其他類型的虐待包括偷竊房子的契約的行為，當年輕人與老人建立看似關懷的關係時，嫁給他們然後偷錢，同時將受害者與家人隔離。這有時被稱為“奶奶小睡”，護理人員操縱老人並讓他跟親人或以前的照顧者反目。

像這樣的案件讓真正關心的親人感到心碎。施虐者害他們與父母或祖父母的感情關係破裂。

阻止這種濫用的一種方法是確保老人在事情發生之前有清楚的指令。資產規劃或老年法律律師可以為您度身定造文件，因此該人不會喪失其權利或財產，同時實施法律保護。

需要理解的是：簽署文件並成為長者代表的人有信託義務以符合長者的最佳利益。如果他們違反了這項義務，就會有法律後果。

律師協會與全國各地的律師合作，幫助他們識別和製止虐待老人。律師與醫療和房地產的行業人士合作，這兩個行業都是虐待老人的重災區。

當律師懷疑虐待老人時，律師可以選擇不代表當事人，並以成人受到虐待為由提起訴訟。

在房地產價格飆升的市場中，另一個房地產騙局是房地產獵人前往遺產法院，找出誰已經死亡，誰繼承了他們的財產。他們接近他們視為是財政或感情上脆弱的繼承人，並誘使他們出售房產，通常遠遠低於市場價值。

制定資產計劃，可以保護老人免受老年人虐待。與資產規劃律師談，以確保您或您的親人為這些情況做好準備。

參考: Queens Daily Eagle (Aug. 8, 2018) “Nuanced Directives, Power of Attorney Can Stem Elder Abuse”

How Much Influence is Too Much? 多少影響力是太大了？ (中英對照)

How Much Influence is Too Much?

“The process of estate planning is only more painful, if one spouse has already passed. In this situation, a surviving elderly parent may enlist the assistance of their adult children to manage and divvy up finances.”

Having adult children actively involved with their mother or father, when the other spouse has passed is a blessing.  However, sometimes too much of their influence can create unwanted and burdensome legal problems, especially if a parent is having diminished mental capacity. In an article from Caring.com, “How to Stay Respectful (and Legal) In Parents’ Estate Planning,” adult children are advised to consider that there is such a thing as too much influence, referred to as “undue influence” and every state has some kind of undue influence law that addresses this problem.

To prove that someone has exerted undue influence, a checklist is used and all the items on the checklist must be proven by the party asserting this has occurred. Undue influence is considered to have happened when:

• The deceased person was susceptible to the undue influence
• The accused had the opportunity to influence the decedent
• The accused was influencing the decedent to gain favor
• The accused was in a position of trust and/or authority over the decedent

Notice that undue influence is far more than having more than one conversation with Uncle Ben about his wishes. Its focus is on manipulation—large amounts of it. It happens mostly in nursing homes and long-term care facilities, where someone will build trust with a senior person who is in a vulnerable state. An adult child would normally have this trust, especially if they are the key caretaker. Over time, the elderly parent becomes dependent on one child or one caretaker for daily care and then they become vulnerable to being manipulated.

Undue influence generally involves changes to the estate plan—sometimes many changes or sweeping changes in a short period of time. Other family members are often suddenly disinherited or a large cash transfer to the person takes place, with no prior discussion with other family members.

Speak with an elder law attorne,y if you are concerned that you (or a loved one) are being pressured to change your estate plan (or you see evidence of large amounts of money being transferred out of your loved one’s accounts). Elder financial abuse is often the result of undue influence and an experienced elder law attorney and the proper authorities will be able to help.

Reference: Caring.com (May 24, 2018) “How to Stay Respectful (and Legal) In Parents’ Estate Planning”

“如果配偶已經過世，資產規劃的過程就會更加痛苦。在這種情況下，還活著的年邁父母可以爭取成年子女的幫助來管理和分配財務。

在另一方配偶過世後，子女積極地與父母聯繫，這是一種祝福。然而，有時候他們的影響太大會造成不必要和繁重的法律問題，特別是如果父母的心智能力下降。在Cari​​ng.com的一篇文章中，“How to Stay Respectful (and Legal) In Parents’ Estate Planning,” (如何在父母的遺產規劃中保持尊重和合法) 建議成年子女認識過多影響力是存在的，被稱為“不正當的影響”，每個州都有某種不正當影響的法律來解決這個問題。

為了證明某人施加了不正當的影響要使用清單，清單上的所有項目必須由宣稱已經發生這種情況的一方證明:

• 死者容易受不正當的影響
• 被告有機會影響死者
• 被告通過影響死者獲得好處
• 被告人獲得死者的信任或死者認同被告的權威

請注意，不正當的影響遠遠不只是與叔叔談論關於他的意願。它的重點是操縱大量的。主要發生在養老院和長期護理設施中，有人會與處於脆弱狀態的老人建立信任。成年子女通常會有這種信任，特別是如果他們是主要的看護人。隨著時間的推移，年邁的父母變得依賴一個孩子或一個看護人進行日常護理，然後他們變得被容易操縱。

不正當影響通常涉及遺產計劃的改變，有時會在很短的時間內發生很多變化或徹底的改變。其他家庭成員經常突然被剝奪繼承權，或者向某人進行大量現金轉移，事先沒有與其他家庭成員討論過。

如果您擔心您（或親人）被迫改變您的遺產計劃（或者您看到大量金錢從您所愛的人的賬戶轉出的證據），請與老人法律師聯繫。老人的經濟虐待是不正當影響的結果，經驗豐富的老人法律師和有關當局將能夠提供幫助。

參考: Caring.com (May 24, 2018) “How to Stay Respectful (and Legal) In Parents’ Estate Planning”

Stan Lee Involved in Elder Abuse Investigation

Police are investigating whether legendary comic book writer Stan Lee is a victim of elder abuse.

It seems that 95-year-old Stan Lee is at the height of his fame. The characters he created for Marvel Comics currently make the film industry millions of dollars annually in film after film. Lee himself appears in a cameo role in every film.

To most people Lee is known as a friendly, beloved creator of the superheroes that they love. However, there is another side to Lee's life right now, as police are investigating whether he is the victim of elder abuse, as Time reports in "L.A. Police Investigate Reports That Marvel Comics' Stan Lee Is a Victim of Elder Abuse."

After Lee's wife passed away, a man named Keya Morgan stepped in to assist Lee with his affairs. Morgan is on probation for an unrelated matter. It is claimed that Morgan moved Lee out of his home and will not let friends and family visit Lee.

Police and a social worker were sent to Morgan's home to conduct a welfare check on Lee.  However, Morgan called 911 on them and falsely reported that he was being burglarized. Morgan now faces criminal charges for filing a false police report. A restraining order against Morgan has also been issued by a court prohibiting him from contacting Lee.

While it is not yet known whether Lee is a victim of elder abuse, a common sign is when a caretaker isolates an elderly person from other friends and family.

If you suspect elder abuse, you should contact Adult Protective Service as soon as possible.  If you are prevented from seeing your loved ones as in the case of Stan Lee, you might consider taking legal action such as conservatorship, consult an elder law attorney for advice.  

Reference: Time (June 14, 2018) "L.A. Police Investigate Reports That Marvel Comics' Stan Lee Is a Victim of Elder Abuse."