Avoiding Scams, Abuse and Exploitation
Scams
For the great majority of older citizens
who are still competent and capable of
making business decisions, advice about
avoiding scams, schemes and exploitation
can be summarized in two sentences:
- If it sounds too good
to be true, it probably is.
- Anything that has to
be done today should raise
suspicions.
It is unfortunate that senior citizens
have to be wary of crooks, of aggressive
marketers, and all too often of family
members and acquaintances.
Criminal Activity
Scams on the Street.
A lot of criminal activity has shifted
indoors to telephones and computers, but
there are still some con artists operating
on the streets. These are the crooks who
supposedly find a sack of
money or an expensive watch or some other
valuable thing. They then locate a gullible
person often an older person
and suggest that they go together to the
victims bank for a deposit
on the money or other valuable, which
the crook will match, as they
conduct some related operation. Before
its all over the found
valuables will be gone, along with the
crook and the victims money. The
victim, thinking back on the silly tale
that was told, wonders how in the world
he or she could have been so foolish.
Victims are often so embarrassed that
they do not report the incident, leaving
the crook to find another victim.
It would be comforting to believe that
these things only happened to those of
limited intelligence. In fact that is
not the case. One part of the problem
is that the victim wants to believe in
this windfall. The other part is that
these crooks are incredibly persuasive.
Whether encountered on the street, on
the telephone or by mail solicitation,
slow down. Refuse to be hustled. If the
deal has to be done today, let it go.
That does not give you time for careful
consideration. Just.
Say. No.
If you do become a victim, as soon as
you are aware that you have been taken
advantage of, make a report to the police
or sheriffs office in your community.
You are probably not the only victim,
and if law enforcement officials are aware
that a particular scam is being operated
there may even be chance of apprehending
the perpetrator.
Door to door sales.
There was a time when legitimate businesses
operated this way. Today, it is necessary
to be suspicious of anyone who comes to
your door unannounced. Well-established
businesses do not operate that way. Never
let such a person into your home. Not
only do your open yourself to physical
attack, you open your home to scrutiny,
possibly paving the way for a later burglary.
Sleazy Business Practices
Home improvements. This is the major
area of local business exploitation for our clients. It is difficult
to find responsible contractors to perform maintenance and improvements,
especially on older homes. Do not settle for someone who does not
have satisfactory recommendations and credentials, or about whom
you do not have a good feeling from the beginning and dont
pay in advance.
Have a clear idea of what you want done and always get more than
one estimate. Never sign any contract for extensive work on your
home without reviewing it carefully before signing. Ask to keep
a copy of any contract overnight at the minimum. If an agent is
not willing for you to review the agreement carefully and have it
reviewed by someone else, that should tell you something. If possible,
take any contract that involves a substantial amount of money to
your attorney for review as well. Call the City or County License
Department to be sure the person is licensed to do business in your
area. Ask to see evidence that the business is bonded and insured.
Unscrupulous home improvement companies sometimes persuade
unsuspecting seniors to put mortgages on their homes in order to
finance over-priced, poor quality work. Taking
out a mortgage is a major step. Don't do it without getting outside
advice. If you do find yourself talked into such an arrangement,
see an attorney immediately. The transaction may be one with a three-day
cooling-off period during which you can cancel the contract.
If a painter, roofer, contractor or other
workman asks for payment up front, terminate
the business relationship immediately.
Never pay a penny before the job starts.
If a business person does not have enough
money to even start a job, you can be
sure (s)he will not have enough to finish
it. It is acceptable to have an agreement
to pay 1/4 or 1/3 after supplies have
been brought in and the work is well under
way (decide ahead of time at what point
that will occur). and another fourth,
third or half when the job is near completion.
You want to be fair to an honest contractor
but you do not want to pay for a job that
never gets done. Never make the final
payment until you have done a final inspection
with the contractor or workman, so both
of you know where the job stands.
Other contracts.
Before you sign any contract or purchase
agreement that obligates you to pay back
$250 or more over time, insist on seeing
disclosure of the total cost, including
any fees, handling charges and all interest
that will be charged during the normal
life of the agreement. Find out what will
trigger penalties or past due charges
and how many days of grace you will have.
If a business cannot show you these figures,
leave that deal alone.
The National Consumer Law Center and
the Federal Trade Commission both offer
many materials that can help in making
decisions about these and other consumer
issues. Access these sites on our web
site at Links, or go to www.nclc.org or
www.ftc.gov.
Credit Issues and Identity Theft. See
topics Credit Cards and Identity Theft
on this web site.
Personal Exploitation and
Abuse
Personal Exploitation.
All too often, financial exploitation
by family members is closely linked to
misuse of credit cards and theft of identity.
Other kinds of abuse can involve appropriating
cash and real or personal property for
personal use by the family member. The
best protection against exploitation is
maintaining a support network not only
of family but also of friends and professionals
who have some awareness of your circumstances
and will notice when and if things do
not seem right.
Friends or family who suspect abuse of
an older person are sometimes caught in
a difficult situation. They do not want
to intervene if the older person is simply
difficult and paranoid, as sometimes happens
in the early stages of dementia. Physical
abuse is not always easy to spot. The
very old often bruise easily and sometimes
places that appear to be the result of
blows are from natural causes. On the
other hand, caring people do not want
to wait to intervene until there is serious
physical or emotional injury, or resources
are exhausted.
Abuse. There
are several kinds of abuse: physical,
mental and financial. Any of them can
be disastrous. There are criminal and
civil laws and procedures intended to
protect older persons against abuse and
to punish abusers. Sometimes, though,
older persons are reluctant to ask for
help because they are afraid of family
members they feel they must depend on.
If family members are reluctant to allow
an elderly person in their care to have
visitors or phone calls; if an older person
appears uncharacteristically withdrawn;
or if an older person living alone is
clearly not keeping food in the home or
otherwise being cared for by supposedly
responsible persons, it is probably wise
to contact the Department of Human Resources.
Under the Adult Protective Services Act,
DHR Social Workers can investigate the
situation and determine if official intervention
is appropriate, remove an abuser, move
an older person from the situation, or
find caregiving resources.
When financial abuse is the problem seniors
often delay asking for assistance, until
there is little hope of recovering the
stolen asset. But if there is any chance
at all of recovering some part of resources
legal action should be considered. Private
attorneys or Area Agency on Aging legal
providers can offer advice and assistance.
Family members who believe another family
member or acquaintance is exploiting a
loved one can file a Guardianship or Conservatorship
Petition in the Probate Court to place
the incapacitated person or his/her assets
out of reach of a potential abuser. Other
resources to contact in the case of physical
abuse are local law enforcement agencies.
The Stressed-out Caregiver.
Sometimes abusive situations develop because
an otherwise decent and responsible caregiver
is stressed beyond endurance. Should that
occur, family and friends must rally to
provide respite care and relief for the
welfare of the older person, the caregiver,
and the family. It is easy to criticize,
but no one can appreciate the difficulty
of day-in, day-out care unless (s)he has
experienced it.
Home health care and custodial care providers can sometimes step
in when there is no family close by to offer assistance. Most larger
communities offer good day care facilities for demented elderly
persons. Occasional free days can make a big difference to caregivers
and the patience they are able to marshal to do a job harder than
anyone can imagine who has not experienced it.
Despite budget constraints, in early 2004 the caregiver support
program administered by Alabama Area Agencies on Aging is continuing.
The program provides limited but welcome respite care and other
services for caregivers of qualified persons needing care. Contact
your local Area Agency on Aging for information and resources. See
Links, this web site, or call 1-800-AGELINE (1-800-243-5463).
An excellent resource for caregivers and other interested persons
is How to Care for Aging Parents, by Virginia Morris, pub.
by Workman Press. It offers ideas for families to work together
to address issues of caregiver stress.
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