[This is the third of a series of articles leading up to World Elder Abuse Awareness Day, June 15, 2021.]
Part Three: The Perfect Victims
Helen* and Elizabeth* were
victims of the same crime. Helen because she had Alzheimer’s. Elizabeth because
she loved too much. The insidious nature of elder financial exploitation
fosters the creation of the perfect victim.
It’s Not
Just the Wealthy Who Are Targets
One doesn’t need to be wealthy to
be targeted. Seniors are often the one family member with a steady income from
Social Security, savings, or a retirement plan. With 10,000 Baby Boomers
reaching retirement age each day, and with less than an estimated 10 percent of
financial exploitation cases being reported, many experts caution about a
hidden epidemic of abuse that is reaching a tipping point as the financial
impact of COVID comes into full view.
The crime of financial
exploitation is the conversion of money, services, or property from an elder
through coercion, deception, undue influence, or misrepresentation. For some,
there may be co-concurrent physical abuse as evidenced by unexplained bruises
or sores. Even missing aids like eyeglasses, walkers, or hearing aids may
signal attempts at isolating or intimidating the victim to coerce a financial
benefit. Yet, exploitation cases of the medically frail or of those living in
an institutional setting were less
prevalent than of elders who lived alone. Independent elders comprise over 66
percent of the reported cases.
Exploitation can happen where no
relationship exists between the victim and the criminal such as with consumer
fraud found in mail, phone, or Internet scams. However, the vast majority of exploitation
occurs inside a relationship where there is an expectation of trust, such as with spouses, children,
grandchildren, neighbors, and professionals. Visible signs may include stolen
credit cards, missing checks, forged signatures, fraudulent or unauthorized
transfers, and identity theft.
Weaponized
Relationships
Invisible signs include behavior
changes. Guarded or paranoid behavior, secrecy, lies, and letting things go
that once caused concern are red flags that something is amiss. Depression,
anxiety, withdrawal, apathy, or anger–common symptoms of abuse–may have a
variety of causes, and few would expect a criminal act as a trigger. Abrupt
changes in estate documents or financial security often go unnoticed even by
the closest friends. The crime’s invisibility adds to its misunderstanding,
including blaming the victim for their problems.
“Weaponized” relationships contribute
to this crime being one of the most underreported as misdeeds look and feel
like a “private matter.” Even a victim entangled in the web of an abusive relationship
often cannot tell the difference between an act of freedom or an act of
coercion. They just want the abuse to stop.
Both Helen and Elizabeth had
something that Jane* and Craig* desperately wanted, needed, and felt entitled to.
For Jane, it was money. For Craig, it was money, property, and something as
hard to define as a family legacy.
In Helen’s case, it was her best
friend who defrauded her of millions. In Elizabeth’s case, it was her son who
bullied her into silence when loans went unpaid or questionable property
transactions occurred. They became the perfect victims.
Eccentricity is a privilege of
the old and making a questionable payment is not in and of itself evidence of
exploitation, but intent and reasoning matter. The prosecution of the crime
often hinges on the victim’s testimony. For the criminal, a perfect victim is
someone who cannot or will not admit a crime has been committed. This can stem
from a spectrum of reasons from fear of reprisal from the criminal, to embarrassment
and shame.
Denial and
Silence
Both Helen and Elizabeth denied they
were victims. Neither woman would bear witness against the criminal despite an
overwhelming amount of evidence. Both were easily intimidated into silence in
large part because of the station that the criminals had in their lives. Feeling
helpless and dependent upon the criminal, fear chilled any motivation to push
back against actions they and others knew were wrong.
Silence enables and emboldens the
predator, making the victim an unwitting accomplice to their own victimization.
Helen and Elizabeth’s lives were inextricably woven into the lives of their
abusers. Any action they took would have a ripple effect. The complicated web
of co-dependency tightened, making this crime similar to domestic abuse.
Co-Dependent
Victims
Before she was determined to be
incompetent to sign documents, Helen trusted that Jane was helping organize her
affairs. Jane provided the companionship Helen wanted. Investments and homes
disappeared. When questioned, Helen lied to protect Jane, fearing she’d be left
alone.
Helen’s family began the
uncomfortable task of unveiling a once-trusted friend as a thief. They were shocked
and saddened by Helen’s Alzheimer’s diagnosis, but were dumbfounded by what
followed. They could not unravel the transactions that Jane illegally
benefitted from. Jane fought back. Legal complexities spiraled. Helen was
placed under guardianship. What had been hoped to be the end of Helen’s
troubles, incredibly opened another chapter.
Elizabeth found herself in an
abusive, co-dependent relationship with her son in part because of her need to
be needed. Her youngest daughter, Mary*, worried about large checks and
property transfers to Craig. Elizabeth insisted the multiple payments were “just
this once” to “help Craig out of a tough spot.” When Mary observed that the
payments and transfers were not what Elizabeth’s late husband and she had
agreed to as part of their estate and financial plans, Craig became enraged at
Mary’s “meddling” and Elizabeth tried to hide transactions to foster family
peace.
Families, friends, and most
professionals don't like to see a crime. Instead, they see siblings who don't
get along, or parents who had "favorites."
Patterns
Speak More Loudly than Victims
Blocked from unfettered access to
Elizabeth’s money by Mary’s advocacy, Craig upped his game and instead focused
his attention on ensuring that he would profit as much as possible when Elizabeth
eventually passed away. He targeted Elizabeth’s wills and trusts that Mary had
been appointed to.
For vastly different reasons than
in Helen’s case, Craig filed to gain full guardianship over Elizabeth.
Patterns of transactions often
speak more loudly than the victims themselves. In both Helen and Elizabeth’s
cases, a multi-year pattern of financial transactions emerged. Their loved ones
summoned help, feeling as if they were betraying family codes of loyalty.
The patterns of elder financial
exploitation and abuse transcended the boundaries of an ailing or sound mind. The
women’s legal, tax, and financial advisors clearly identified a predatory
constellation of acts. Doubts of criminality vanished.
Like an abused spouse, Helen and
Elizabeth claimed their financial black eyes were caused by their own trip down
the stairs. They didn’t want their predators to “get into trouble.”
Jane and Craig had found the
perfect victims.
###
Part Three: The Perfect Victims
*All names have been changed upon the request of the families.
Elder abuse is a crime that can
be physical, medical, financial, or emotional/behavioral in nature. Neglect and
abandonment of an elder can be crimes as well. If you or a loved one is the
subject of suspected abuse, call your local adult protective services to speak
confidentially with a knowledgeable expert.
