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Telemarketing Fraud: Steps to Protect Elders

June 2, 2018 by Kristina

CellphoneElder abuse comes in many forms. An overwhelming majority of it is financial abuse. If you have an elder parent or family member who lives alone, he or she may be at risk of a new wave of telemarketing fraud targeting the elderly.

One recent case of telemarketing fraud billed elderly consumers for medical alert devices they never ordered. Telemarketers would claim they were calling in response to a request for information from the person or a family member and then try to sell them the device.  Even those who didn’t order were sent a bill along with the shipment. The company behind the telemarketing fraud would then use threats and intimidation to induce the victims to pay.

If you don’t think telemarketing fraud can happen to your loved one, consider this. According to a study by the AARP, seniors over age 50 are disproportionately at risk for becoming victims of telemarketing fraud.   The study found that the average age of victims was 69 and that women were twice as likely as men to become victims.

Telemarketing fraud is also becoming increasingly sophisticated. Fast-talking predators use high pressure sales techniques and psychological ploys to overcome a senior’s initial resistance. Some other common schemes involve low-cost, high-risk investments, fake charities, time-sensitive product deals, or prize winnings that seniors are told they have to pay taxes or a fee to collect.

When a senior becomes a victim of telemarketing fraud, it can be financially devastating. Because these crimes are hard to trace, it is very difficult for victims to get their money back. Sadly, many incidents of telemarketing fraud against the elderly simply go unreported. Elderly victims may be embarrassed, don’t know where to go to report the crime, or fear they will lose their independence if they do report it.

Here are some steps you can take to help protect your elderly parents or family members from becoming victims.

  1. Talk to your parents about types of telemarketing fraud and remind them never to pay up front for a product or service, or to give out personal information such as a credit card or social security number over the phone.
  1. Offer to help them manage their personal finances so you can monitor bank and credit card statements for any unusual activity.
  1. Have them sign up for national Do Not Call list (888-382-1222, www.donotcall.gov) to help cut down on telemarketing calls.
  1. Design a call script, such as “I don’t give out personal information over the phone,” to aid them in ending calls from pushy telemarketers.
  1. If your elderly parent has dementia, or is otherwise incapacitated, you may want to contact an elder law attorney to advise you on utilizing your parent’s durable power of attorney and/or obtaining a guardianship or conservatorship.

For more suggestions on how to identify and prevent elderly telemarketing scams, visit the Federal Trade Commission’s consumer education website.

The best protection against telemarketing fraud and elder abuse is to ensure that your loved ones are properly cared for and that their assets are protected. Proper estate planning can help give you and your loved ones piece of mind. Contact us to discuss various planning options today.

Photo Credit: Tim Dorr

Filed Under: Blog, Conservatorship, Elder Needs, Family, Guardianship, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, elder abuse, Guardianship, power of attorney, telemarketing fraud

Some Seniors are Losing Their Homes Due to Unpaid Property Taxes

October 2, 2012 by Kristina

An 81-year-old woman in Rhode Island was evicted shortly before Christmas from the home she had lived in for more than 40 years – because she failed to pay a $474 sewer bill. A corporation then bought her house at a tax sale for $836.39…and later resold it for $85,000. While this is an extreme case, it’s a symptom of a growing trend. More and more seniors around the country are being forced to pay large, unnecessary fees – or even losing their homes – as a result of unpaid property taxes.

Because property taxes aren’t regular monthly expenses like utility or cable bills, they’re often among the first things that seniors overlook if they begin to have some difficulty managing their own affairs. And they’re frequently missed by children and caretakers as well. Also, many older people who have recently finished paying off a mortgage aren’t used to paying their property tax bills, because for decades they were paid directly by the lender. [Read more…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Guardianship, Uncategorized Tagged With: seniors, unpaid property taxes

Many Power of Attorney and Health Care Proxy Documents Should be Revised in Massachusetts

May 17, 2012 by 3mediaweb

If you’ve had legal documents drafted in Massachusetts pertaining to your health, financial, and long-term care wishes, you should have them reviewed and revised now! Massachusetts laws relating to powers of attorney and health care proxies have recently changed. This along with federal medical privacy laws can affect your already-created documents.

The federal law, known as the Health Insurance Portability and Accountability Act (HIPAA), generally prevents health care providers from disclosing your personal medical information to anyone other than you and someone you’ve named as your “personal representative.” Frequently you will sign medical releases at your physician’s office allowing them to communicate with any specialists you are seeing, like a podiatrist or a cardiologist. Protecting your medical privacy is very important but the law can create some complications. [Read more…]

Filed Under: Blog, Conservatorship, Durable Power of Attorney, Elder Needs, Estate Plan Review, Guardianship, Health Care Proxy, Uncategorized Tagged With: Conservatorship, Durable Power of Attorney, Estate Plan Review, Guardianship, Health Care Proxy

Parent-Child Role Reversal

June 3, 2011 by Kristina

Most everyone would say that they want to be independent and remain in their own homes as long as possible. This sense of autonomy can be kept in place longer than ever before due to medical advances, assistive devices, and in-home care provided by family members and private caretakers. However, what happens when an elder can no longer remain safely in their home and an adult child is trying to get them the help they need?

Esther is 89 years old. She has lived alone since the death of her husband 23 years ago. She gave up driving two years ago, but is regularly visited by her children and grandchildren, who take care of errands or drive her to handle things herself. Lately, she has been rather unsteady on her feet. Mother and DaughterAdditionally, she has been very forgetful and once left the stove on all night. She is also having trouble remembering to take her medications. There were so many her daughter, Susan, sorts them every week into a pill box. Esther still forgets to take them and sometimes actually doubles up on doses. Susan can see its time for more help but Esther is adamant about not having strangers in the house and doesn’t want to end up in “one of those places…” [Read more…]

Filed Under: Conservatorship, Elder Needs, Family, Guardianship, Health Care Proxy, Uncategorized Tagged With: caregivers, Durable Power of Attorney, elder, elder law, elder law attorney, elders, estate plan, fall, Family, home bound, major life events, seniors

Online Legal Documents Company (LegalZoom) Sued Over Flawed Estate Plan

October 12, 2010 by Kristina

This week I’m reposting a fantastic article from ElderLawAnswers about the dangers of online do-it-yourselfing when it comes to planning your estate. Caveat Emptor (Buyer Beware!)

One of the most prominent sellers of do-it-yourself wills and other estate planning documents, is the target of a class action lawsuit in California charging that the company engages in deceptive business practices and is practicing law without a license.

The lawsuit was filed in Los Angeles Superior Court on May 27, 2010, by Katherine Webster, who is the niece of the late Anthony J. Ferrantino and the executor of Mr. Ferrantino’s estate. [Read more…]

Filed Under: Conservatorship, Durable Power of Attorney, Estate Plan Review, Trusts, Uncategorized, Wills Tagged With: estate plan, estate planning

Astor Matter Reminds Us that Trustworthiness is Essential When Nominating Substitute Decision Makers

October 22, 2009 by Kristina

Lately, the matter of Brooke Astor’s estate has been covered in the media. Like many people she had an estate plan in place which included a Durable Power of Attorney and Health Care Proxy, which nominated subsituted decision makers in the event she would lose the capacity to make important financial and/or medical decisions at some point during her elder years. She did not want to burden her family with obtaining a Guardianship and/or Conservatorship through the courts. She did end up suffering from Alzheimer’s disease and her son took over her financial powers. He just didn’t do a very good job… [Read more…]

Filed Under: Conservatorship, Durable Power of Attorney, Elder Needs, Estate Plan Review, Family, Guardianship, Health Care Proxy, Uncategorized Tagged With: caregivers, celebrity estates, child, Durable Power of Attorney, elder, elder abuse, elder law, elder law attorney, estate plan, estate planning, Family, Health Care Proxy, Massachusetts, Probate Court, seniors

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Vickstrom Law, PC
Kristina R. Vickstrom, Esq.
172 Shrewsbury Street
Worcester, MA 01604
508.757.3800


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