Are Your Seniors Being Financially Exploited?
jahangirilawgroup
January 30, 2020

We expect our golden years to be relaxing and rewarding. Yet as we grow older, we tend to start relying on other to assist us with things that we could once handle on our own. It is during those times that we become susceptible to being taken advantage of by the very people we trust. In fact, it is believed that 1 out of 20 seniors in the US are financially abused. The sadder part is that the financial exploitation of seniors is primarily carried out by family members and other trusted individuals in the senior’s life, 90% to be exact. [National Adult Protective Services Association (NAPSA)]

The severity of this issue demands attentiveness on the part of both the senior but also those close to them. Elder financial abuse can take on various forms ranging from outright theft of a senior’s assets to the common con or scam that prey on seniors’ trust and at times reliance on others. The National Committee for the Prevention of Elder Abuse [NCPEA] and [NAPSA] provide exhaustive lists on their websites but here are a few more examples:

  • Forging an older person’s signature
  • Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence
  • Using the older person’s property or possessions without permission
  • Promising lifelong care in exchange for money or property and not following through on the promise
  • Pressuring seniors into taking out inappropriate reverse mortgages or other loans, known as Predatory Lending
  • Threatening to abandon, hit or otherwise harm the victim unless they give the perpetrator what they want

How Can I Tell if this is Happening?

If you are in the unique position of having access to your elder’s bank statements, knowing their sources of income and expenses, then you are best situated to help them identify potential abuse. When it comes to cases like these, it usually won’t be the obvious email scam, but rather a series of occurrences that should raise some red flags.

If you have access to bank statements, be on the lookout for any unusual activity such as withdrawals or transfers between accounts that they can’t explain or have no recollection of. Have they begun the process of adjusting their estate unexpectedly? If so, they could have been pressured or be signing documents that they don’t have a complete understanding of. Once again, the NCPEA provides more information on this topic.

In addition, the behavior and situations of those near your older relative should be taken into consideration. Does someone have a gambling problem or is currently in a dire financial situation? These things can be even more troublesome as family dynamics and extremely personal relationships can become involved.

What Can I Do?

The best way to address elder financial abuse is to prevent it from starting in the first place. If your older relative has reached a point where they are having difficulty taking care of themselves, they’re becoming more reliant on others, or if they’re increasingly isolated and therefore prone to being targeted, you should do your best to create a network around them that can look after them. This means keeping in contact with them and listening to them. Keep an ear out for any mentions of a “new investment opportunity” or a new friend/caretaker that seems to express an unusual interest in your relative’s estate. More often than not, you can prevent scams before they even start by being attentive.

Calling an expert on elder financial exploitation can always provide clarity to a crime that isn’t always that obvious. Jahangiri Law Group specializes in business law and we are familiar with all forms of elder financial abuse. Although we can provide our professional assessment of your elder’s situation, it is up to you to report and seek out further help in order to put an end to your elder’s abuse.

If you wish to know more about our services, go to https://www.thejlawgroup.com or reach us at 925-574-0100

Below are the 24 hour Abuse Hotline numbers for both Alameda and Contra Costa Counties respectively:

(866) 225-5277

(877) 839-4347 (925) 646-2854

 

 

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Customer Records Information: Signature, physical characteristics or description, telephone number, state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Characteristics of Protected Classifications: Under California or federal law (e.g., age, race, religion, gender, sexual orientation). Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Biometric Information: Physiological, biological, or behavioral characteristics, including DNA, used or intended to be used, separately or in combination with other data, to establish individual identity (e.g., fingerprints, facial recognition). 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The CPRA introduced a new, more protected category of personal information: Sensitive Personal Information (SPI) . This subset of PI requires heightened safeguards due to its potentially intimate or revealing nature, and consumers have additional rights regarding its use and disclosure. SPI includes personal information that reveals: A consumer's Social Security number, driver's license number, state identification card, or passport number. A consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. A consumer's precise geolocation. A consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership. The contents of a consumer's mail, email, and text messages, unless the business is the intended recipient of the communication. A consumer's genetic data. 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This means businesses generally cannot use or disclose SPI for other purposes, such as cross-context behavioral advertising, without explicit consumer permission. Dedicated Opt-Out Link: Businesses that use or disclose SPI for purposes other than those allowed by the CPRA must provide a "clear and conspicuous link" on their homepage(s) labeled "Limit the Use of My Sensitive Personal Information." This is in addition to the "Do Not Sell or Share My Personal Information" link for general personal information. Notice at Collection: Businesses must clearly disclose the categories of SPI collected, the purposes for which it is collected or used, and whether it is sold or shared. 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Specify retention periods for all categories of personal and sensitive information, ensuring data is not kept longer than "reasonably necessary" for the disclosed purpose. Explain consumer rights under CPRA, including the right to know, delete, correct, opt-out of sale/sharing, and limit the use of sensitive personal information. Implement Opt-Out Mechanisms: Provide "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information" links on your website homepage(s) and other relevant data collection pages. Ensure these links lead to user-friendly pages where consumers can easily exercise their rights. Maintain records of opt-out requests for at least 12 months. Data Minimization and Security: Collect only the personal information and SPI that is absolutely necessary for your disclosed purposes. Implement robust security measures to protect all personal information, with heightened safeguards (e.g., encryption, access controls) for SPI. Develop a comprehensive incident response plan. Respond to Consumer Requests: Establish clear and efficient processes for responding to consumer requests to access, delete, correct, opt-out of sale/sharing, and limit the use of their personal and sensitive information. Ensure timely responses (typically within 45 days, with a possible 45-day extension). Notify service providers, contractors, and third parties to whom data has been shared when a deletion request is received. Third-Party Contracts: Review and update contracts with service providers and third parties to ensure they are also compliant with CPRA obligations, especially regarding data protection and consumer rights. Training: Provide regular training to all employees who handle personal data on CPRA requirements and best practices for data privacy and security. By diligently addressing these areas, businesses can navigate the complexities of CPRA, protect consumer privacy, and mitigate the risks of non-compliance, including significant penalties from the California Privacy Protection Agency (CPPA). For any business operating in California or collecting data from California residents, a proactive and well-informed approach to data privacy is no longer optional, but a legal imperative. Brinda Bellur is a dual-licensed attorney in California and India, with extensive experience in both litigation and transactional matters. She holds an LLM from UC SF Law (formerly UC Hastings) and certifications in privacy (CIPP/US, IAPP) and commercial contracts (UC Berkeley Law Executive Education).