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elder abuse

Beware of Coronavirus Related Scams in Florida

By Elder Law, Long-Term Care

The IRS is warning taxpayers to be on the lookout for scams related the Coronavirus, or COVID-19, which can lead to tax-related fraud and identity theft. The IRS and its Criminal Investigation Division have seen a new wave of phishing schemes against taxpayers.  Senior citizens are among the most vulnerable to these scams and should be especially careful during this time.

In its press release, the IRS reminded taxpayers that the IRS is never going to call you asking to verify or provide your financial information so you can get an economic impact payment or refund faster.  Taxpayers should watch out for emails, text messages, websites, and social media attempts that appear to be from the IRS and request money or personal information. If you receive an email that appears to be coming from the IRS, do not open it or click on attachments or links. You should go to the IRS official website, www.IRS.gov for the most up-to-date information.

The IRS also provides the following items to keep in mind, in order to protect yourself and your loved ones:

  • Scammers may emphasize the words “stimulus check” or “stimulus payment.” The official term is economic impact payment.
  • Scammers may ask the taxpayer to sign over the economic impact payment check to them.
  • Scammers may ask by phone, email, text, or social media for verification of personal and/or banking information, saying that the information is needed to receive or speed up their economic impact payment.
  • Scammers may suggest that they can get a tax refund or economic impact payment faster by working on the taxpayer’s behalf. This scam could be conducted by social media or even in person.
  • Scammers may mail the taxpayer a bogus check, perhaps in an odd amount, then tell the taxpayer to call a number or verify information online in order to cash it.

 

Taxpayers who receive unsolicited emails, text messages, or social media attempts to gather information that appear to be from the IRS should forward it to [email protected].

Fred Jacobs is a Florida Board Certified Tax Lawyer and Sean Byrne is an elder law litigator.  Contact Fred or Sean at Bach, Jacobs & Byrne, P.A. if you or a senior you know has been the target of elder exploitation or needs assistance with tax matters. Call (941) 906-1231 to schedule an appointment.

June 9, 2020
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Can a Florida Nursing Home or Assisted Living Facility Take My Stimulus Check?

By Elder Law, Government Benefits, Long-Term Care

The recently enacted federal Coronavirus Aid, Relief, and Economic Security (CARES) Act provided for a direct payment of up to $1,200.00 to most taxpayers, including many residing in nursing homes and assisted living facilities. Unfortunately, the Federal Trade Commission has received several reports of nursing home and assisted living facilities requiring their residents who are on Medicaid to sign over the stimulus funds to the facility. There have been reports of facilities claiming that because the resident is on Medicaid, the facility gets to keep their stimulus payment. This claim is not true.

According to the CARES Act, the stimulus payments are a tax credit. Under the Internal Revenue Code, tax credits do not affect eligibility for federal benefits programs, like Medicaid, and they are not counted as a resource that an individual must use to pay for those benefits.

Because most nursing homes and assisted living facilities are currently closed off to the public due to COVID-19, it can be more difficult to monitor your loved one’s finances. If you are managing a facility resident’s financial affairs (such as an agent under power of attorney) or your loved one lives in a nursing home or assisted living facility and you are not sure what happened to their stimulus payment, talk to the facility’s management.

If you find out that a Florida nursing home or assisted living facility has taken your loved one’s stimulus payment, you should report it to the Florida attorney general’s office immediately and file a complaint with the Federal Trade Commission.

If you have specific questions regarding your stimulus payment and preserving your Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

June 8, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – What is considered “Exploitation”?

By Elder Law

On July 1, 2018, a new Florida statute, §825.1035, Fla. Stat., created a new legal process to protect vulnerable adults from exploitation. Exploitation is defined in §825.103(1), Fla. Stat., and includes:

  1. Using or trying to use a vulnerable adults funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who is in a position of trust and confidence with the vulnerable adult, or by a person who has a business relationship with the vulnerable adult.
  2. Using or trying to use a vulnerable adult’s funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who knew or should have known that the vulnerable adult lacks the capacity to consent.
  3. Breaching a fiduciary duty to a vulnerable adult by the vulnerable adult’s guardian, trustee, or agent under a power of attorney, which results in an unauthorized appropriation, sale, or transfer of property; or if the fiduciary violates the following duties:
    1. Fraud in appointment;
    2. Abuse of power;
    3. Wasting, embezzling or intentionally mismanaging assets;
    4. Acting contrary to the vulnerable adult’s sole benefit or best interests.
  4. Misappropriating, misusing, or transferring without authorization, funds from a bank account where the vulnerable adult was the sole contributor or payee of the funds. This applies only to personal accounts, joint accounts created with the intent that the vulnerable adult has all rights to the money deposited, or convenience accounts in accordance with §655.80, Fla. Stat.
  5. Intentionally or negligently failing to effectively use the vulnerable adult’s income and assets for the vulnerable adult’s support and maintenance by a caregiver or a person who stands in a position of trust and confidence.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 22, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – Who does the law protect?

By Elder Law

In July 2018, a new statute, §825.1035 Fla. Stat., created a cause of action for an injunction for protection against the exploitation of a vulnerable adult. The law is targeted at protecting “vulnerable adults.” According to §415.102(8) Fla. Stat., a vulnerable adult is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” It is important to note that this definition does not necessarily require that the person lack capacity to be considered a vulnerable adult.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 21, 2020
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What is Adult Protective Services in Florida?

By Elder Law, Guardianship, Health

Adult Protective Services is a program of the Florida Department of Children and Families. Their mission is to protect vulnerable adults from abuse, neglect, exploitation, and self-neglect, as well as to enable adults with disabilities to remain comfortable in their communities.

A vulnerable adult, as defined by Florida Statute §415.102, is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” If you suspect that a vulnerable adult you know is the victim of abuse, neglect, exploitation, or self-neglect, do not hesitate to call the Florida Abuse Hotline, 1-800-962-2873. The suspected abuse can also be reported online at https://reportabuse.dcf.state.fl.us/.

For more information, visit the Adult Protective Services website, http://www.myflfamilies.com/service-programs/adult-protective-services. If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

June 21, 2019
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What questions should I ask if I think my loved one is the victim of elder abuse?

By Elder Law, Guardianship, Health

Despite how common elder abuse is in Florida, it’s not always easy to detect when a loved one is a victim of abuse, exploitation, neglect, or self-neglect. While there are many questions one can ask to determine whether a loved one is being abused, below are some recommended by the Stanford School of Medicine:

1) Do you feel safe where you live?

2) Who prepares your food?

3) Does someone help you with your medication?

4) Who takes care of your checkbook?

Of course, one can also ask more directly about the suspected abuse:

5) Does anyone ever hurt you?

6) Does anyone ever take things from you without asking?

7) Does anyone ever make you do things you don’t want to do?

8)) Have you signed anything strange lately?

9) Are you afraid of anyone at home?

10) Are you alone a lot?

            If your loved one’s answers convince you that there is reason to believe they are the victim of elder abuse, call the Florida Abuse Hotline, 1-800-962-2873, as soon as you can. You can also report the suspected abuse online at https://reportabuse.dcf.state.fl.us/.

To discuss the different legal remedies available to you, including guardianship, call Sean M. Byrne, Esq. of Bach, Jacobs & Byrne, P.A. at (941) 906-1231.

 

June 13, 2019
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What are “grandparent scams”?

By Elder Law

Grandparent scams are one of the most common forms of fraud committed toward seniors. They prey on the goodwill many older individuals have toward the rest of the families and their willingness to help their relatives in times of financial hardship.

A typical grandparent scam may begin with an email, a letter, a text, or a phone call from someone posing as a representative of a relative. For instance, the scammer will claim to be the lawyer, doctor, or even bail bondsman of a relative in trouble. The scammer might say something like, “Please don’t call their parents, they specifically asked me to contact you and keep this a secret from Mom and Dad.” Or, to keep the grandparent from checking with their grandchild, the scammer might attempt to convince their victim that the grandchild needn’t know about the trouble into which they’ve gotten themselves.  The grandparent will then transfer funds to the “representative” of the grandchild in need, unbeknownst to anyone else in the family.

To avoid falling victim to these nefarious scams, several steps can be taken. Following are some examples:

-Do not respond to, or take great care responding to, correspondence from any unknown individuals requesting money

-Verify the caller’s identity by asking a personal question only your relative or their personal representative would know the answer to

-If you do plan to transfer money to a relative, independently contact that relative before doing so; or, contact the parents of that relative to confirm the story you have been told

If you feel you might be the victim of elder exploitation, do not hesitate to call the attorneys at Bach, Jacobs & Byrne, P.A. for litigation representation at (941) 906-1231.

May 24, 2019
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What is elder self-neglect?

By Elder Law, Health, Long-Term Care

According to the Senior Connection Center, elder self-neglect accounts for the majority of reports made to Adult Protective Services in Florida. It occurs when a vulnerable individual fails to take the steps necessary to prevent themselves from succumbing to physical harm, emotional harm, or other pain, leading to deterioration in their living situation, personal care, or health. Some warning signs of elder self-neglect include:

-Poor personal hygiene

-Refusal to take medications

-Malnutrition or dehydration

-Unattended wounds or sores

-Excessive amounts of unpaid bills, bounced checks, or unanswered letters

It is the responsibility of every Florida citizen to report elder abuse, including self-neglect. If you suspect a senior citizen is the victim of elder self-neglect, you can call the Florida Abuse Hotline at 1-800-962-2873.

 

April 26, 2019
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What should I do if I think my loved one is the victim of elder abuse?

By Elder Law, Health, Long-Term Care

According to the National Council on Aging, approximately 1 in 10 Americans above the age of 60 have experienced some form of elder abuse. So what should you do if you suspect a senior citizen is the victim of elder abuse?

The first thing to do is to call the Florida Abuse Hotline at 1-800-962-2873 – all Florida citizens are mandatory reporters of elder abuse. You can also use the online form on the Florida Department of Children and Families website at https://reportabuse.dcf.state.fl.us/Adult/AdultForm.aspx. While you may be able to keep the names anonymous, it is necessary to provide the county, state, and specific location where the victim is currently living. A description of the abuse is also required.

You can find more information about recognizing the signs of elder abuse on our blogs “Recognizing Nursing Home Abuse and Neglect” and “What to Do if Elder Exploitation Is Suspected.”

 

February 19, 2019
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What is the Senior Safe Act (SSA)?

By Asset Protection Planning, Elder Law

The Senior Safe Act is a new federal law intended to fight financial elder abuse by promoting the reporting of suspected elder abuse by financial institutions. Prior to the passage of this law, there were reports of banks, investment advisors, and brokers refraining from reporting elder abuse to the authorities out of fear of lawsuits resulting from false claims of fraud or elder exploitation. Under the Senior Safe Act, financial institutions will be freed from liability if they report suspected financial elder abuse, so long as they have trained their employees in how to detect such exploitation.

Read more about the Senior Safe Act on the AARP website at https://www.aarp.org/politics-society/government-elections/info-2018/congress-passes-safe-act.html.

February 11, 2019
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