Must Seniors at Care Facilities Sign over Stimulus Checks?

The Federal Trade Commission (FTC) has announced that some states across the country have received reports of nursing homes and assisted living facilities that have falsely said that COVID-19 stimulus checks are “resources,” under the rules of federal benefit programs that must be used to pay for services. Soo, must seniors at care facilities sign over Stimulus checks?

It’s “not just a horror story making the rounds.” The FTC says that these are actual reports that officials at the Iowa Attorney General’s Office have been getting – and handling. The FTC noted that other states are experiencing the same types of complaints. The FTC says that it’s not true and urges people to check with family members who get Medicaid and live in these facilities.

They should file a complaint with the state attorney general, if they or a loved one have experienced this problem, says CBS Local New York’s recent article entitled “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients.”

“We’ve been hearing that some facilities are trying to take the stimulus payments intended for their residents on Medicaid,” the FTC says. “Then they’re requiring those people to sign over those funds to the facility. Why? Well, they’re claiming that, because the person is on Medicaid, the facility gets to keep the stimulus payment.”

However, that is false. According to the CARES Act, these economic impact payments are a tax credit, and the law says that tax credits don’t count as “resources” for federal benefits programs, like Medicaid.

 

If you think there’s a problem, you can also file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357).

Reference: CBS Local New York (May 19, 2020) “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients”

 

Elder Financial Abuse Is Increasing

A September 2018 Forbes report said that elder financial abuse would only get worse as we age. With 10,000 people turning age 65 every day for the decade, the demographics include a growing pool of potentially fragile retirees and the elderly, many of whom are susceptible to financial exploitation.

alphabetastock.coms recent article entitled “Elder Financial Abuse Is Rising” says that, although the criminals are out there, a lot of elder financial abuse actually begins in the retirement system, because individuals must accumulate and handle a large amount of money designed to last an entire lifetime. With $14.5 trillion in self-directed retirement accounts in the U.S., it’s a big, enticing target for financial predators.

Elder financial abuse includes all of the frauds and scams targeting seniors and because it’s a hidden crime, many victims opt not to report it. Those that do report the crimes, frequently don’t prosecute.

However, when it comes to trying to promote real changes that will provide some material protections, the investment, insurance, and financial services industries directly or indirectly have been showing some reticence about the potential compliance expense. Some of these companies are lobbying to maintain a status quo—one that’s on a course to see a steady rise in elder financial exploitation.

Many retirement investors think their professional financial advisors are fiduciaries who are legally bound to act in their best interests. However, that’s not always so. Many professional financial advisors need only adhere to a lower legal standard of behavior. They can’t outright tell you a lie—but they can make recommendations that don’t put the customer’s best interests as a top priority.

A GAO study found elder financial abuse to be a growing epidemic. Rather than being able to live out their golden years in safety and financial security, the lack of financial safeguards are leaving an entire (and growing) group of older Americans at risk. These seniors are often left on their own and confused as to how the advisors they entrusted with their financial security are permitted to make moves that are motivated by high commissions and self-interest. These so-called professionals aren’t required by the law to place interests of their clients ahead of their own.

Theft and illegal behavior is one small component of the elder financial exploitation. A bigger part comes from abusive financial practices, such as higher fees and complex and unsuitable advice and recommendations from professional financial advisors who aren’t fiduciaries.

Be sure that you are working with a financial professional who is a fiduciary. Ask your elder law attorney for recommendations.

Reference: alphabetastock.com (January 11, 2020) “Elder Financial Abuse Is Rising”

Virginia Passes New Law to Thwart Elder Abuse

“Elder abuse is a growing epidemic in our Commonwealth, yet these cases are under-reported and remain very difficult to prosecute for various reasons,” says Chuck Slemp III, commonwealth’s attorney for Wise County and the City of Norton.

The Southwest Times’ recent article, “Law boosts tools to fight elder abuse,” reports that Slemp requested the new legislation. This law goes into effect July 1 and will help protect adults age 60 and older and physically or mentally incapacitated adults age 18 and older. The legislation provides a framework for local departments of social service and commonwealth attorneys to create one or separate multidisciplinary teams to review cases at all stages of investigation and prosecution. The teams would be made up of professionals from diverse disciplines. The team goals would be as follows:

  • To help identify abused, neglected and exploited individuals;
  • To coordinate medical, social and legal services for these people and their families;
  • To develop programs to detect and prevent abuse, neglect and exploitation; and
  • To promote community awareness of the problem, and educate them on ways to prevent it.

Slemp said that he was thrilled that the bill will become law to give the state additional tools in the effort to fight elder crimes and to establish a framework for a team-approach to review these situations. The Commonwealth’s attorney for Wise County and the City of Norton added that he was grateful to Senator Chafin and 4th District Delegate Todd Pillion (R-Abingdon), who introduced the House version of the legislation.

“Every day the elderly are taken advantage of financially and abused. It is our responsibility in the General Assembly to help protect the most vulnerable of our citizens. Commonwealth Attorneys and law enforcement need all of the tools available to effectively prosecute elder abuse and financial exploitation,” said Chafin. “Multidisciplinary response teams will aid in the prosecution of these crimes and will bring these criminals to justice.”

Pillion added, “With an aging population, particularly in rural areas, it’s critical we form the systems and processes needed to help safeguard people who may find themselves in abusive situations.” You may also seek help from a local attorney.

Slemp believes that the new bill will help localities to concentrate additional resources on the “epidemic” of elder abuse.

Reference: The Southwest Times (March 13, 2018) “Law boosts tools to fight elder abuse”

 

Why is Financial Fraud So Risky for Seniors?

“[Financial fraud] is a very high risk for 100 percent of the elderly population,” said North Carolina Secretary of State Elaine Marshall. “Senior citizens have social security coming [in]. Maybe they have a pension [or] some savings. This is a magnet for crooks and people who want to take their golden years away from them and line their pockets with somebody else’s gold.”

WRAL.com says, in the article “Elderly population a ‘very high risk’ for financial fraud,” that scams looking to make a quick buck and disappear may be easier to see, than the subtle but truly harmful abuse that makes a more significant impact.

As people get older, they usually depend more on close family and friends for help, but it can be very easy to abuse that relationship. These types of activities usually target seniors who have diminished mental or physical capacities. Abuse can begin when seniors put their trust in the wrong people. It can be a very close, trusted family member or the caregiver—someone who’s very close physically or in relationship.

It’s not uncommon for a senior to be persuaded to change his will to benefit a person with whom he had developed a close relationship, only to find out the person had ulterior motives. This type of financial abuse or exploitation can also be hard to see initially.

“Sadly, so much of the elder abuse is done by somebody in the family who is trusted, who is caring for this person, and then takes advantage of them,” Marshall said.

“A word of caution to families–as folks get isolated and lonely, it is very important that they have social contact in a positive nature, every day. Not just somebody coming in to see if they’re walking around and eating,” Marshall said. “They need socialization. And therein becomes an avenue for crooks to follow.”

Seniors should also be wary of invitations to sales pitches masked as “free lunches,” charities that aren’t who they say they are and writing checks to unverified individuals. If it sounds too good to be true, the elderly should use extreme caution before making a financial commitment.

To prevent this, families can divide responsibility between more than one family member. If you have multiple children, giving each one access to the finances makes certain that anything bad will be detected quickly. Another option is to create a trust with the help of an elder law or estate planning attorney. A trust permits the designation of a trustee and requires a more thorough credentialing process to access the assets. An elder law attorney can help in creating a trust and can provide advice on any other methods to protect your finances.

It comes down to determining whom you can trust. Finding credentialed individuals to help you manage and establish safeguards for your assets is critical.

Reference: WRAL.com (January 2, 2019) “Elderly population a ‘very high risk’ for financial fraud”