Probate and elder abuse attorneys suspect tidal wave of cases

For today's senior citizens, relying on a neighbor's help could be less safe than you'd think, especially in large metropolitan areas like Los Angeles, New York and Miami.

In March, Jessica Corbin Lack was sentenced to 10 years in prison for stealing over $100,000 from her 70-year-old neighbor while she was away in New Zealand. When the victim came home, she found her safe broken into and missing credit cards, cash, and other valuables. Lack was not convicted on charges of financial elder abuse due to recent changes in the law that make convictions for financial elder abuse ineligible for state prison sentencing, but the sentiment remains. Senior citizens are extremely vulnerable to financial theft, and the pandemic has only made the problem worse.

Elder abuse is not a new phenomenon. The U.S. Government Accountability Office estimated that as many as one in 10 older U.S. adults are abused each year. Stories like this are extremely common and are expected to become even more common as senior citizens venture out in increasing numbers and the effects of a post-COVID-19 pandemic settle in.

In areas like Orange County, the bigger and wealthier population only gives scammers more people to target. A woman just a few minutes away from our Costa Mesa office is now facing elder abuse charges for allegedly stealing money from a 79-year-old with dementia. With many senior citizens having been restricted to their homes, families need to use the opportunity to reconnect to examine whether abuse has occurred.

We always tell people, the best way to fix fraud is to never let it happen in the first place! Prevention is much better than any treatment because fraudsters don't waste any time. Within just a few days, a scammer could go from your friendly neighbor to leaving you in financial ruins. That's no exaggeration, the National Council on Aging estimates that the annual loss by victims of financial abuse is at least $36.5 billion. Criminals tend to choose the path of least resistance, so staying involved in your loved ones' lives and being aware of their finances can greatly reduce the chances that they will ever be targeted. A house alarm doesn't stop a burglary, but it does make your house less tempting than the neighbor's.

Staying involved in your elder family member's financial lives doesn't mean you need to watch them like a hawk, but make your presence known to their friends and anyone who is frequently around them. If they have a caregiver or they are in a facility, ask to speak with them every once in a while. Technology does make things a bit easier. Video chat your parents and look for signs of abuse. In my experience, usually if there is physical abuse, financial abuse is going on as well.

Also look for any changes in behavior; if they start getting off the phone quickly or become unavailable. Make sure they don't have a sudden reliance on a new neighbor or friend you've never heard of before. Surprising to many, the people most likely to commit fraud against elders are people who are already close to them, like caretakers, friends and neighbors, and even family members.

The strain of the pandemic has unfortunately created not only opportunity but a desperation by some that leads to taking advantage of others. The perfect storm of economic pressure on one side from people losing their jobs and economic opportunity on the other, where scammers knew senior citizens would be trapped in their homes with no one looking over them, has resulted. Seniors are the easiest target, as they likely to be more susceptible to friendly theft, and they are the least likely to notice anything is wrong, especially when they are mentally incapacitated. So it is important that you watch over their finances and well-being.

If you are worried your family member may be a victim of financial elder abuse, there are a few things you can do. The first place you can try is the adult protective service organizations in their county. You should also consider consulting with the police or an attorney as many of these adult protective service agencies are under-resourced, understaffed, and have little to no authority. Unfortunately, district attorneys have limited resources to pursue these crimes, leaving many to seek relief in civil court which can be time-consuming and expensive.

As things start returning to normal and people begin reconnecting with their families in person, we are going to see more and more fraudsters like Jessica Corbin Lack being investigated. Whether this is due to the economic stress of the pandemic or the fact that senior citizens have been in hiding for the past year, no one knows, but trust and probate attorneys across the country are expecting a tidal wave of financial elder abuse cases to come out soon. 