From NASGA – Elder Abuse Report & Separation of Powers & Cheating man out of Life Savings

National Association to Stop Guardian Abuse

The True Link Report on Elder Financial Abuse 2015

Posted: 25 Jul 2016 12:53 AM PDT

The fraud research community has long suspected that losses due to elder financial abuse were worse than the $2.9 billion previously estimated. True Link’s data science team, looking for clarity and an accurate assessment of the problem, decided to tackle this question head-on.

The results of this research, The True Link Report on Elder Financial Abuse 2015, reveals that seniors lose $36.48 billion each year to elder financial abuse — more than twelve times what was previously reported. What’s more, the highest proportion of these losses — to the tune of $16.99 billion a year — comes from deceptive but technically legal tactics designed to specifically take advantage of older Americans.

According to Shawna Reeves, Director of Elder Abuse Prevention at the Institute on Aging, “Those of us working in the field have long known that the United States is in the throes of an elder financial abuse epidemic. Unfortunately, we’ve lacked well-designed studies capturing the true nature and scope of the problem. This study is a game changer. Not only does it challenge the previous studies but it serves as a clarion call for further research and action.”

In our 2015 report, you can learn more details about the size and severity of the problem, how seniors are being targeted, what puts them at risk, and how to protect yourself and your loved ones. Other important findings include:

*Small losses are evidence of an underlying vulnerability: A senior who lost as little as $20 in a year to exploitation could be expected to lose $2,000 a year to other types of fraud.

*A person who receives just one telemarketing phone call per day is likely to experience three times as much financial loss as someone who receives no or only occasional telemarketing calls.

*It is estimated that 954,000 seniors are currently skipping meals as a result of financial abuse.

The True Link Report on Elder Financial Abuse 2015

“Constitutional Requirement for Separation of Powers”

Posted: 25 Jul 2016 12:52 AM PDT

by NASGA Member David Arnold

The root cause of guardianship abuse is that the present system of managing guardianship violates the principle of separation of powers required under the constitution to provide checks and balances. Cut the root and the whole plant will die.

The difference between democracy and dictatorship is that no one in a democracy has absolute power. When there is no separation of powers the result is dictatorship.

Under the present system the court is responsible for selection and appointment of guardians in addition to its defined duty of prosecuting abuse by guardians. The court has sole power over guardianship.

If there is collusion between a judge and a guardian there is no legal recourse! If there is a complaint against a guardian the judge is both a party to the dispute and the arbiter of the dispute. This is a conflict of interest.

Judges cannot be forced to prosecute a guardian they appointed. This forces judges to admit they made a mistake. This violates the constitutional right of judges against self incrimination!

The answer to the problem is to separate authority for appointment and oversight of guardians from authority for prosecuting guardians.

Separation of powers can be accomplished by transferring authority for managing the affairs of incapacitated elder persons from the court to the state Elder Service agencies.

My state of Massachusetts has good Elder Service agencies that are capable of managing guardianship. This separation of powers would prevent collusion between a judge and a guardian and allow a judge to prosecute a guardian as a disinterested party without fear of self incrimination.

Having the Elder Service agency be responsible for selection and oversight of guardians does not represent a net increase in cost since the court would no longer have this duty.

NASGA Soapbox

ABC Team 10: Man Cheated Out of His Life Savings

Posted: 25 Jul 2016 07:54 AM PDT

Ed Ramsey, 81, lost his money in a sweepstakes-related scam.

Local Man Scammed Out of His Life Savings

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