... Office of Elder Services Phone: 207-287-3707. If you believe a crime is in progress or is about to be consummated, e.g., a senior citizen is about to transfer a significant sum of money to a home repair grifter, then call the local police by dialing 911. Project SAFE has offered training to the financial and law enforcement communities on how to detect and report financial exploitation. country far away. If a Postal District of Maryland​, FBI Baltimore Office, Consumer Outreach Program​​, Better Business Bureau of Greater Maryland​, The United States Department of Justice's Elder Justice Initiative: Senior Scam Alert​, National Adult Protective Services Association, United States Department of Justice's Elder Justice Initiative: Financial Exploitation​, Training materials for employees of financial institution​s​, An educational brochure for the public entitled, A brochure to help seniors avoid entering into joint accounts with inappropriate relatives entitled. Sometimes hiring a private attorney or (2) Makes the disclosure in a report of financial exploitation to the adult protective services program in a local department of social services. Follow the steps below to help you decide who to contact for assistance. not believe and cannot be convinced they are being exploited. (6) “Report of financial exploitation” means an oral or written report concerning financial exploitation which may include all or part of the information described in § 14-302(d) of the Family Law Article. .ctl00_PlaceHolderMain_WebPartZone2_0 { border-color:Black;border-width:1px;border-style:Solid; } is a mail sweepstakes or other mail-based scam, contact the U.S. Reporting all cases of suspected exploitation to relevant federal, state and local authorities; 5. General’s Identity Theft Unit:  http://www.marylandattorneygeneral.gov/Pages/IdentityTheft/default.aspx. Detecting elder financial exploitation by harnessing technology; 4. Scams using undue influence by a “new friend,” Financial abuse of an elder or dependent adult occurs when a person or entity does any of the following: is an Internet- or telephone-based scam, it is often hard to know where to is tax return fraud, then: 1. (ii) Observes or obtains knowledge of behavior or unusual circumstances or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Project SAFE is an informal public/private coalition of 17 different organizations that share a common goal of preventing and remedying financial exploitation of vulnerable adults. Health care professionals, social workers, law enforcement officers, employees of licensed health care facilities, and employees of financial institutions have additional, and in some cases mandatory, reporting requirements. believe the matter is an unfair business practice by a business operating in (d)       If it Adult Protective Services in Maryland last year investigated 982 cases of financial exploitation, which accounted for about 15 percent of its investigations. (e)       If you Inspection Service: http://about.usps.com/publications/pub300a/pub300a_tech_024.htm. report because the scams are so varied and the perpetrators could be in a (4) Subject to paragraph (5) of this subsection, an abuse report made under this subsection is confidential and the information contained in the abuse report may be disclosed only: (i) In connection with an investigation of the suspected financial abuse, to: 4. For a more detailed explanation on reporting, read below: If you suspect that a senior citizen is being, or is about to be, financially exploited, there are a number of potential places to call for help, including, but not limited to, local police, Adult Protective Services, a private attorney, or any number of government agencies that address particular kinds of scams. (2) “Abuse report” means the report required under subsection (d) of this section. Not all of the laws, for ex­ not believe and cannot be convinced they are being exploited. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ Please check official sources. This type of elder abuse occurs in many different contexts. Our founding attorney stands ready to help you and your family overcome this difficult time and to ensure that you receive the compensation that you deserve. featuring summaries of federal and state The quicker a lawyer gets started, the more effective they may be in learning the facts. By telephone notification within 24 hours after the employee knows or has reasonable cause to suspect that the elder adult is the victim of financial abuse; and. court opinions. Improvement Commission:  https://www.dllr.state.md.us/license/mhic/mhiccomp.shtml. What Is Project SAFE? California Welfare and Institutions Code section 15600 protects elders (anyone 65 year of age or older) and dependent adults from many types of physical abuse and neglect. Elder Abuse and Elder Financial Exploitation Statutes The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. Read the Law: Md. 432. is identity theft, there are many places to contact. to inappropriate customers, contact the Maryland Insurance Administration: https://insurance.maryland.gov/consumer/pages/fileacomplaint.aspx. General’s Identity Theft Unit: If it (ii) Make an abuse report under this subsection if the same matter already has been reported as required under this subsection. 539. e.g., romance scams, are particularly difficult to deal with if the person does Subscribe to Justia's The United States Attorney’s Office, in coordination with the United States Department of Justice Civil Division, has launched an Elder Justice Task Force to combat neglect, abuse, and financial exploitation of seniors occurring in the District of Maryland. Elders are at greater risk for a variety of reasons. (c) A report of financial exploitation filed under this section by a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution shall be deemed to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability. that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder the rightful access to, or use of, benefits, resources, belongings, or assets." private attorney or investigator may be able to gather enough information to If you are not sure if the person has a disability severe enough to qualify him or her as lacking the capacity to provide for his or her daily needs, call APS anyway. (b) Notwithstanding any other provision of law, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may disclose financial records and any other information relating to a customer of the fiduciary institution if the fiduciary institution or its officer, employee, agent, or director: (1) Believes that the customer has been subjected to financial exploitation; and. matter involves home improvements, file a complaint with the Maryland Home (2) A fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may not decline to provide information requested by a person identified in subsection (d)(4)(i) of this section in connection with an investigation of suspected financial abuse. If a Sometimes hiring a private attorney or ga('create', 'UA-49356340-1', 'maryland.gov'); Disclaimer: These codes may not be the most recent version. A 410-576-7050. The reasoning behind the increase in elder financial abuse is basic. (d) (1) Notwithstanding any other law limiting or prohibiting disclosure, a fiduciary institution shall make an abuse report as provided in this subsection if an employee of the fiduciary institution, while acting within the scope of the employee’s employment: (i) Has direct contact with an elder adult or reviews or approves an elder adult’s financial documents, records, or transactions in connection with financial services provided by the fiduciary institution to or for the elder adult; and. (ii) As authorized by the elder adult or the legal guardian of the elder adult. Elder financial exploitation involves wrongfully taking or using an older adult’s funds or property through theft, scams, fraud, or predatory lending. To report suspected elder abuse, neglect, or exploitation in Maryland: 800-917-7383 (for suspected elder mistreatment in the home) 877-402-8219 or 410-402-8201 (to report suspected abuse in a nursing home, Maryland Department of Health and Mental Hygiene, Office of Health Quality) is a mail sweepstakes or other mail-based scam, contact the U.S. The Consumer Financial Protection Bureau, in a recent report analyzing reported cases of elder financial exploitation, found: The average loss in the reports of suspicious activity exceeded $40,000. Maryland, contact the Maryland Attorney General’s Consumer Protection Division: Scams using undue influence by a “new friend,” believe the matter is an unfair business practice by a business operating in (see https://taxes.marylandtaxes.gov/Individual_Taxes/Taxpayer_Assistance/Identity_Protection/ for more information), and. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); There is a local APS office in each county’s Department of Social Services (as well as Baltimore City’s). m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) gtag('config', 'UA-44468608-49'); Financial exploitation of seniors can be especially devastating because seniors have fewer, if any, years of employment to make up the funds they have lost to scammers and, in far too many cases, family and “friends.”. Free Newsletters There is great variation in these state laws, however, as to what constitutes elder abuse and who must report it. Older Americans are being targeted for fraud, theft, and deception at higher rates than ever previously documented. (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), (i)         Here is a valuable “Financial exploitation is the most prevalent form of elder abuse, and its frequency is expected to grow as our population ages,” said Commissioner of Financial Regulation Tony Salazar. This year the ABA Commission on Law and Aging (Commission) continued its efforts, begun in 1993, to expand and strengthen the justice system’s role in preventing, detecting, and remedying the devastating and costly problem of elder abuse, neglect, and exploitation (generally referred to as “elder abuse” unless otherwise indicated). View Previous Versions of the Maryland Code. If the case is complicated, the lawyer can bring in financial experts to help with the situation. Project SAFE is an informal public/private coalition of 17 different organizations that share a common goal of preventing and remedying financial exploitation of vulnerable adults. Fewer than one-third of older adults who were exploited reported the abuse to a local, state, or federal authority. It mandates records sharing related to financial exploitation of seniors and vulnerable adults with the Department of Insurance, Securities and Banking, Adult Protective Services, and law enforcement. This new legislation requires a number of different entities in the private and public sectors to work together in the important effort of fighting financial exploitation of elder adults in Maryland. federal website that gives reporting tips on many different types of scams: https://www.usa.gov/stop-scams-frauds. Comptroller of Maryland: Identity Protection Commission activities were concentrated in three areas. When the victim knew the perpetrator, the average loss was higher than $50,000. Elder financial exploitation is generally defined as the illegal taking, misuse, or concealment of funds, property, or assets. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. APS will make the determination. Protection Against Financial Exploitation of At-risk Adults Download Adobe PDF Reader External Web Site Policy, Section 26-3.1-201, C.R.S., et seq CO Revised Statutes §§ … MARYlAND BAR JOURNAL Most of the statistics on financial abuse come from state elder abuse reporting laws. federal tax return, contact the IRS at. The results can be devastating—emotionally and financially. Here is a valuable At Yonano Law Offices, P.C., we represent individuals and their family members who have fallen victim to financial elder abuse and exploitation. . (e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may decline to provide to any person information that would disclose or indicate whether a report of financial exploitation or an abuse report has or has not been filed under this section. Code, Family Law § 14-101, § 14-302 It is a crime for a household member, family member, or anyone responsible for the supervision of a vulnerable adult to neglect or abuse the vulnerable adult or intentionally and maliciously inflict severe emotional distress on … Whether or not you call 911, the next step depends on whether the person is vulnerable, i.e., lacks the physical or mental capacity to provide for his or her daily needs. Reporting Information: Over 65 years old and Maryland Resident: Report shall be made to: • adult protective services agency A good place to start is the Maryland Attorney Our goal always is to ensure that the senior is protected from all types of elder abuse and financial exploitation . ​ A good place to start is the Maryland Attorney matter involves home improvements, file a complaint with the Maryland Home Only 1% of the SARs stated that the financial institutions involved reported the elder financial exploitation to a government entity such as adult protective services or law enforcement. (2) The abuse report required under paragraph (1) of this subsection shall be made: (i) 1. At The Law Office of Henry Nash in Rockville, Maryland, our practice includes a full range of elder law services to clients. Maryland, contact the Maryland Attorney General’s Consumer Protection Division: We help elders and their families in many different circumstances. function gtag(){dataLayer.push(arguments);} Each year, hundreds of cases of financial exploitation of older and vulnerable adults are reported in Maryland. investigator may be the best route. country far away. Financial exploitation can happen in an elder’s own home or in a nursing home. More information is here: Long Term Care Ombudsman Program: Protecting Rights, Promoting Quality, https://www.consumer.ftc.gov/blog/2020/02/coronavirus-scammers-follow-headlines​, Office of the Commissioner of (h)       If the . federal tax return, contact the IRS at 1-800-829-1040 or refer online to https://www.irs.gov/identity-theft-fraud-scams. Project SAFE also educates older Marylanders on how to avoid financial exploitation. e.g., romance scams, are particularly difficult to deal with if the person does (f)        Print and hand out, or link to, Project SAFE’s. If it 410-576-7050. gtag('js', new Date()); Florida: None : Georgia: None : Guam: Not available : Hawaii: H.B. Unfortunately, these types of incidents are becoming more common and represent a growing problem in … (3) A fiduciary institution is not required to: (i) Investigate an allegation by an elder adult that financial abuse of the elder adult has occurred; or. Examples include the scam alert pages maintained by AARP and the United States Department of Justice's Elder Justice Initiative. private attorney or investigator may be able to gather enough information to (4) “Financial abuse” means to take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder adult by any means, including undue influence, for a wrongful purpose or with intent to defraud the elder adult. Anyone may report abuse or neglect, and often the report can be anonymous. (g)       If the (a) (1) In this section the following words have the meanings indicated. (see, f a Many financial exploitation cases have a tangled web to unravel to figure out what happened. Elder financial exploitation … convince the police to open a criminal investigation. Project SAFE is an informal public/private coalition of 16 different organizations that share a common goal of preventing and remedying financial exploitation of vulnerable adults. Financial Regulation, Maryland/District of Columbia Credit Union Association, BC-REST: Baltimore County - Restoring report because the scams are so varied and the perpetrators could be in a Maryland tax return, then call Maryland Comptroller at 1-, 800-638-2937 between 8:30 AM-4:30 PM, Monday through Friday convince the police to open a criminal investigation. To the adult protective services agency in a local department of social services, the local law enforcement agency, or a State’s Attorney; or, 2. investigator may be the best route. (c)       If it matter concerns insurance products, e.g., annuities or insurance policies sold Promote scam alerts. More information is here: http://www.marylandattorneygeneral.gov/Pages/Securities/default.aspx. This, however, is estimated to be only a fraction of the thousands of cases that go unreported in our state. For one thing, exploiters target them because many have accumulated wealth or at least steady incomes from pensions or social security checks. matter concerns insurance products, e.g., annuities or insurance policies sold is an Internet- or telephone-based scam, it is often hard to know where to You can find the list of offices at. The results can be devastating—emotionally and financially. Relevant Maryland laws, for example, span the criminal code, family law, and law governing financial institutions. The following information on reporting is for members of the public. "]":"}");}};xhttp.open("POST",NS_CSM_u,true);xhttp.send(JSON.stringify(cm));}}}}if(window.addEventListener)window.addEventListener("load",sendTimingInfoInit,false);else if(window.attachEvent)window.attachEvent("onload",sendTimingInfoInit);else window.onload=sendTimingInfoInit; (a)       If it This video defines financial exploitation and its forms. The Baltimore County Police Department is committed to protecting and supporting its elder and vulnerable adult citizens through the investigation of allegations of abuse, neglect, self-neglect and exploitation. (6) This subsection does not prohibit or limit the disclosure of financial records otherwise permitted under this subtitle. you may file a complaint with the Maryland Securities Division by calling Inspection Service: If it As of 1990,42 states and the District of Columbia had enacted mandaton' reporting of elder abuse. If the victim lacks the physical or mental capacity to provide for his or her daily needs, call the local Adult Protective Services (APS) office. The Center also serves as the U.S. clearinghouse of information on elder abuse, neglect and exploitation for the National Center on Elder Abuse the national authority on elder abuse. Improvement Commission: If the matter involves the sale of investments, There is no penalty or downside to referring someone to APS that APS eventually finds does have the capacity to provide for his or her daily needs. The National Elder Law Foundation is certified by the American Bar Association and serves by helping consumers to connect with attorneys specializing in elder law and needs. 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Elder financial exploitation involves wrongfully taking or using an older adult’s funds or property through theft, scams, fraud, or predatory lending. Training management and staff to prevent, detect, and respond to suspicious events 3. Maryland may have more current or accurate information. 1-833-FRAUD-11: National Elder Fraud Hotline established in 2020; Adult Protective Services: 1-800-917-7383 Answered 24 Hours per day ; CCCSMD: This is the official Protect Week website, where visitors can peruse helpful resources, articles, and information related to elder financial abuse. The federal Elder Justice Act, enacted in 2010, defines financial exploitation of the elderly as, "the fraudulent or otherwise illegal, unauthorized, or improper act . ga('send', 'pageview'); Maryland. If the matter involves the sale of investments, Elder Safety Today, CCCSMD - Consumer Credit Counseling Services, United States Attorney's Office, If the Postal If the person has the physical or mental capacity to provide for his or her daily needs, then there are quite a few options for referral depending on the nature of the exploitation, as outlined in subsection 5 below. Project SAFE has offered training to the financial and law enforcement communities on how to detect and report financial exploitation. ​ ​​, 301 West Preston Street Suite 1007, Baltimore, MD 21201, Each year, hundreds of cases of financial exploitation of older and vulnerable adults are reported in Maryland. What Is Financial Exploitation? holders from elder financial exploitation; 2. (5) “Financial exploitation” means any action which involves the misuse of a customer’s funds or property. (b)       If it (ii) Inform employees about the requirement to file abuse reports as provided under this subsection. 2. (3) “Elder adult” means an individual who is believed to be: (4) “Financial abuse” means to take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder adult by any means, including undue influence, for a wrongful purpose or with intent to defraud the elder adult. S.B. http://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx. Any misuse of an elder’s money, property and possessions, or assets constitutes financial exploitation. you may file a complaint with the Maryland Securities Division by calling This, however, is estimated to be only a fraction of the thousands of cases that go unreported in our state. In writing sent within 3 business days after the employee knows or has reasonable cause to suspect that the elder adult is the victim of financial abuse. is identity theft, there are many places to contact. financial exploitation; and (2) Makes the disclosure in a report of financial exploitation to the adult protective services program in a local department of social services. (5) Paragraph (4) of this subsection may not be construed to: (i) Allow the disclosure of an abuse report made under this subsection or a record relevant to the abuse report if the disclosure would be prohibited by any other provision of State or federal law; or. If the employee knows that the elder adult resides in a long-term care facility located in the State, to an ombudsman for the long-term care facility, the local law enforcement agency, or a State’s Attorney; and, (ii) 1. “The Department of Labor is committed to safeguarding Marylanders’ financial futures. (7) A fiduciary institution shall establish and implement a training program to: (i) Assist employees in recognizing signs of potential financial abuse of an elder adult, such as unusual activity in an elder adult’s deposit accounts, automated teller machine (ATM) withdrawals by an elder adult who previously never used an ATM or debit card, and suspicious signatures on checks; and. The office of the Attorney General or of a State’s Attorney; or. Five years ago, Maryland law began to require banks and credit unions to report suspected financial exploitation of Marylanders age 65 and up. For another, research has shown that aging generally reduces a person’s ability to distinguish legitimate offers from those that are not. 2. .ctl00_PlaceHolderMain_WebPartZone1_0 { border-color:Black;border-width:1px;border-style:Solid; } Maryland has many laws and policies addressing elder abuse, forming a multifaceted approach to protecting elders. (ii) Prohibit the disclosure by a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution of an abuse report made under this subsection or a record relevant to the abuse report if the disclosure would be required by another State law, federal law, or court order.