Elder financial abuse is a type of
elder abuse
Elder abuse (also called "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men") is "a single, or repeated act, or lack of appropriate action, occurring within any rela ...
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
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
ulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or
fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exa ...
, 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
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a des ...
, 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
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...
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
Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
.
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:
* fraudulent investment or insurance schemes
* fraudulent contracts (such as extended car or home warranties, which in reality cover nothing)
* unauthorized charges imposed by internet service providers
* worthless "sweepstakes" that elderly persons must pay in order to collect winnings
* fake pharmaceutical or diet/health products
* medical billing scams and unnecessary medical care
* predatory or unnecessary lending (e.g.
reverse mortgage
A reverse mortgage is a mortgage loan, usually secured by a residential property, that enables the borrower to access the unencumbered value of the property. The loans are typically promoted to older homeowners and typically do not require monthl ...
s)
*
Technical support scam
A technical support scam, or tech support scam, is a type of fraud in which a scammer claims to offer a legitimate technical support service. Victims contact scammers in a variety of ways, often through fake pop-ups resembling error messages or ...
and
IRS impersonation scams, in which an elderly person may be cajoled or threatened into paying large sums of money in the form of bank transfers or gift cards
* charitable giving scams, including pressure to rewrite wills
*
419 scams
An advance-fee scam is a form of fraud and is one of the most common types of confidence tricks. The scam typically involves promising the victim a significant share of a large sum of money, in return for a small up-front payment, which the frauds ...
*
identity theft
Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
*
lottery scams
*
tarmac scam
The tarmac scam is a confidence trick in which criminals sell fake or shoddy tarmac (asphalt) and driveway resurfacing. It is particularly common in Europe but practiced worldwide. Other names include tarmacking, the asphalt scam, driveway frau ...
s
*
Work-at-home scheme
A work-at-home scheme is a get-rich-quick scam in which a victim is lured by an offer to be employed at home, very often doing some simple task in a minimal amount of time with a large amount of income that far exceeds the market rate for the ...
or other ways to generate income
A 1996 study by
AARP
AARP (formerly called the American Association of Retired Persons) is an interest group in the United States focusing on issues affecting those over the age of fifty. The organization said it had more than 38 million members in 2018. The magazi ...
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
Physical abuse is any intentional act causing injury or trauma to another person or animal by way of bodily contact. In most cases, children are the victims of physical abuse, but adults can also be victims, as in cases of domestic violence or ...
and/or
neglect
In the context of caregiving, neglect is a form of abuse where the perpetrator, who is responsible for caring for someone who is unable to care for themselves, fails to do so. It can be a result of carelessness, indifference, or unwillingness and ...
. 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
Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
,
telemarketing
Telemarketing (sometimes known as inside sales, or telesales in the UK and Ireland) is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subseque ...
, "
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+.
Nonfinancial effects
Other effects include damage to credit, missing work, depression, and loss of sleep.
[The Scope of the Problem: An Overview of Fraud Prevalence Measurement, p 29]
Accessed July 2016.
References
{{abuse
Abuse
Gerontology
Elder law