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Elder financial abuse

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Depriving an elderly person of their financial resources
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Elder financial abuse is a type of elder abuse in which misappropriation of financial resources or abusive use of financial control, in the context of a relationship where there is an expectation of trust, causes harm to an older person.

The Older Americans Act of 2006 defines elder financial abuse, or financial exploitation, as “the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets.”

Types

By family or caregivers

Family members and informal or paid caregivers have special access to seniors and thus are often in a position to inflict financial abuse through deception, coercion, misrepresentation, undue influence, or theft. Common abusive practices include:

  • Money or property is used without the senior's permission or taken from them, for example removal from their home and then use of the home by the abuser, or depositing income such as pension or benefit checks
  • The senior's signature is forged or identity is misappropriated for financial transactions
  • The senior is coerced or influenced to sign over deeds or wills, or caused to execute legal documents they do not understand
  • The abuser fraudulently obtains a power of attorney or guardianship
  • Money is borrowed from the senior and never repaid

Family members engaged in financial abuse of the elderly may include spouses, siblings, children, grandchildren or other relatives. They may engage in the activity because they feel justified, for instance, they are taking what they might later inherit or have a sense of "entitlement" due to a negative personal relationship with the older person, or that it is somehow the price of a promise of lifelong care. Or they may take money or property to prevent other family members from getting the money or for fear that their inheritance may be lost due to cost of treating illnesses. Sometimes, family members take money or property from their elders because of gambling or other financial problems or substance abuse.

Scams and fraud targeting seniors

Seniors are also often deliberately targeted by scams, fraud, and misleading marketing – often by otherwise legitimate businesses. This may include:

A 1996 study by AARP found that while individuals over 50 comprised 35% of the American population, they accounted for 57% of all fraud victims (AARP, 1996). Seniors' level of vulnerability to this type of exploitation varies by the type of scam. For example, the AARP found that lottery fraud victims were more likely to be women over 70 living alone, with lower education, lower income, and less financial literacy, while victims of investment fraud were more likely to be men between the ages of 55 and 62 who were married, with higher incomes and greater financial literacy.

Hybrid financial exploitation

Hybrid Financial Exploitation (HFE) is financial exploitation that co-occurs with physical abuse and/or neglect. HFE victims are more likely to be co-habiting with abusive individual, to have fair/poor health, to fear the abusive individual, to perceive abusive individual as caretaker, and to have a longer duration of abuse.

Estimates of size and scope

Various attempts have been made to estimate the size and scope of the problem. The primary difficulties in estimating the size of the problem are:

  • Differing descriptions of financial abuse – Victims often do not identify as having been a victim of fraud, so researchers generally offer respondents specific examples. The more specific the questions are, the more likely someone is to say they have experienced it – for example, surveys focused on identity theft, telemarketing, "gray charges," or investor fraud have found much higher rates than general surveys.
  • Underreporting – Studies that rely on government databases or press reports are estimated to be off by factors ranging from five to forty, with 25 being a frequently cited number. Additionally, because of the stigma of victimhood caregivers are more likely to report that their parents have been victimized than the parents are to self-report as victims.
  • Differences in survey methodology – Some surveys ask for losses in the last year, some ask about losses in the last five years, and some ask "have you ever experienced…", and surveys have variously defined seniors as aged 45+, 50+, 60+, and 65+.
Author Year Estimated impact Notes
True Link 2015 $36 billion in annual losses The study found that 37% of seniors affected over any given five-year period, consistent with 15% annual victimization rates found elsewhere. They do not provide a loss per incident but found any given victim loses approximately $11,600 over five years.
Allianz 2014 5% of seniors report having lost money to scams, with average losses of $30,000, meaning that seniors alive in 2014 have experienced $69 billion in total losses due to financial abuse. The study does not provide an annualized figure. The study also noted that one in five adults 40‐64 reported having an older friend or family member who has been a victim, suggesting it may be underreported by a factor of two to four versus the self-report.
MetLife 2011 1,256 incidents per year reported in the press resulting in $2.9 billion in losses. There is no explicit estimate of how much is lost to incidents not reported in the press. Their estimate is based on an estimated 1,256 incidents of financial abuse reported in the press, out of approximately 40 million seniors. The report acknowledges that making an estimate based only on press reports will produce an underestimate by a factor of five to forty. The study also found that about one third of incidents were by family and friends, with the remainder by strangers or businesses.
New York State 2011 5.2% of seniors experience financial abuse by family members Only includes financial abuse by family members in the past year among adults 60+. Other studies have suggested about a third of incidents involve a family member or friend, so this is also consistent with a 15% victimization rate.
Investor Protection Trust 2010 20% have been affected by financial services swindles in the past IPT defined swindles as "inappropriate investment, unreasonably high fees for financial services, or outright fraud."
MetLife 2009 1,076 incidents per year resulting in $2.6 billion in losses Based on only fraud reported in the press. The report acknowledges that making an estimate based only on press reports will produce an underestimate by a factor of five, though other estimates suggest it may be closer to a factor of forty.
Federal Trade Commission 2007 14% of people (all ages) experience fraud loss of $50 billion in total The Stanford Center on Aging inflation-adjusted this to 2012 dollars. They also cited another report listing a 15% victimization rate and average losses of $216 per victim. Another study found a 14% victimization rate among seniors.
AARP 2003 4% of adults 45+ self-reported experiencing a "major consumer swindle or fraud" in the last year
Senate Committee on Aging 2000 Americans (all ages) lose $90 billion per year to telemarketing fraud and identity theft. This is often combined with AARP and NASAA studies that suggest that approximately half of fraud victims are seniors to arrive at a number around $40-$50 billion.

Nonfinancial effects

Other effects include damage to credit, missing work, depression, and loss of sleep.

See also

References

  1. "Older Americans Act of 2006". uscode.house.gov.
  2. Hafemeister, Thomas (2003). "Financial Abuse of the Elderly in Domestic Setting". Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. National Academies Press. Retrieved 2021-10-29.
  3. Shilling, D. (2008, November/December). "Improving the court system's response to elder abuse," Victimization of the Elderly and Disabled, 11, 49, 51-52, 59, 62-63.
  4. Mandelstam, Michael (2013). Safeguarding adults and the law (2nd ed.). London: Jessica Kingsley Publishers. ISBN 9780857006264. Retrieved 11 September 2021.
  5. AARP. (1996). Telemarketing fraud victimization of older Americans: an AARP survey. Washington, DC: AARP.
  6. "Off the Hook: Reducing Participation in Telemarketing Fraud (Washington, DC.)" (PDF). AARP. 2003.
  7. Jackson S, Hafemeister T (2012). "Pure financial exploitation vs. Hybrid financial exploitation co-occurring with physical abuse and/or neglect of elderly persons". Psychology of Violence. 2 (3): 285–296. doi:10.1037/a0027273.
  8. Wasik, J. (2000). The fleecing of America’s elderly. Consumers Digest. March/April.
  9. The True Link Report on Elder Financial Abuse 2015. Accessed July 2016.
  10. New Allianz Life Study Confirms Elder Financial Abuse Under‐reported and Misunderstood Problem Likely to Grow." 2014. Archived 2016-09-19 at the Wayback Machine Accessed July 2017.
  11. MetLife. (2011). The MetLife study of elder financial abuse: Crimes of occasion, desperation, and predation against america’s elders.
  12. "Survey: 1 out of 5 Older Americans are financial swindle victims, many adult children worry about parents’ ability to handle finances." Archived 2016-06-08 at the Wayback Machine and Archived 2017-01-12 at the Wayback Machine accessed July 2016
  13. ""Broken Trust: Elders, Family, and Finances." MetLife Mature Market Institute, 2009" (PDF). Archived from the original (PDF) on 2016-04-11. Retrieved 2016-07-08.
  14. Federal Trade Commission. (2007). Consumer fraud in the United States: The second FTC survey. Report by Anderson, K. Federal Trade Commission. Washington, DC.
  15. Citations to Holtfreter et al. and Titus et al. in "The Scope of the Problem: An Overview of Fraud Prevalence Measurement." 2013. Accessed July 2016.
  16. "2003 Consumer experience survey: Insights on consumer credit behavior, fraud and financial planning | Washington, DC". AARP.{{cite web}}: CS1 maint: url-status (link)
  17. "Senate Special Committee on Aging. (2000). Developments in aging 1997 and 1998: Volume 1" (PDF). frwebgate.access.gpo.gov. Retrieved August 7, 2008.
  18. The Scope of the Problem: An Overview of Fraud Prevalence Measurement, p 29. Accessed July 2016.

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